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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Research, Development,
and Demonstration Authorization Act of 1995''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the term--
(1) ``Administrator'' means the Administrator of the
Environmental Protection Agency;
(2) ``Agency'' means the Environmental Protection Agency;
and
(3) ``Assistant Administrator'' means the Assistant
Administrator for Research and Development of the Agency.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Administrator $490,000,000 for fiscal year 1996 for the Office of
Research and Development for environmental research, development, and
demonstration activities, including program management and support, in
the areas specified in subsection (b), of which--
(1) $321,694,800 shall be for Research and Development; and
(2) $109,263,400 shall be for Program and Research
Operations.
(b) Specific Programs and Activities.--Of the amount authorized in
subsection (a), there are authorized to be appropriated the following:
(1) For air related research, $93,915,200, of which--
(A) $67,111,400 shall be for Research and
Development; and
(B) $26,803,800 shall be for Program and Research
Operations.
(2) For global change research, $2,385,700, of which--
(A) $2,125,400 shall be for Research and
Development; and
(B) $260,300 shall be for Program and Research
Operations.
(3) For water quality related research, $21,243,100, of
which--
(A) $9,453,100 shall be for Research and
Development; and
(B) $11,790,000 shall be for Program and Research
Operations.
(4) For drinking water related research, $20,652,400, of
which--
(A) $10,376,500 shall be for Research and
Development; and
(B) $10,275,900 shall be for Program and Research
Operations.
(5) For toxic chemical related research, $11,053,900, of
which--
(A) $5,028,600 shall be for Research and
Development; and
(B) $6,025,300 shall be for Program and Research
Operations.
(6) For lab and field expenses, $73,031,600, all of which
shall be for Research and Development.
(7) For headquarters expenses of the Office of Research and
Development, $9,254,800, all of which shall be for Research and
Development.
(8) For multimedia related research expenses, $158,656,800,
of which--
(A) $122,142,900 shall be for Research and
Development;
(B) $31,513,900 shall be for Program and Research
Operations; and
(C) $5,000,000 shall be for graduate student
fellowships.
(9) For program management expenses, $6,399,300, all of
which shall be for Program and Research Operations.
(10) For pesticide related research, $13,345,200, of
which--
(A) $7,192,800 shall be for Research and
Development; and
(B) $6,152,400 shall be for Program and Research
Operations.
(11) For oil pollution related research, $2,076,900.
(12) For research related to leaking underground storage
tanks, $769,400.
(13) For research related to cleanup of contaminated sites,
$56,195,500.
(14) For research related to hazardous waste, $21,020,200,
of which--
(A) $10,977,700 shall be for Research and
Development; and
(B) $10,042,500 shall be for Program and Research
Operations.
(c) Limitations.--(1) No funds are authorized to be appropriated by
this Act for--
(A) the Environmental Technology Initiative;
(B) the Climate Change Action Plan; or
(C) indoor air pollution research.
(2) No funds are authorized to be appropriated for any fiscal year
after fiscal year 1996 for carrying out the programs and activities for
which funds are authorized by this Act, unless such funds are
specifically authorized to be appropriated by Act of Congress with
respect to such fiscal year.
(3) Notwithstanding any other provision of law, no funds are
authorized to be appropriated for fiscal year 1996 for carrying out the
programs and activities for which funds are authorized by this Act
unless such sums are specifically authorized to be appropriated by this
Act.
SEC. 4. SCIENTIFIC RESEARCH REVIEW.
(a) In General.--The Administrator shall assign to the Assistant
Administrator the duties of--
(1) developing a strategic plan for scientific and
technical activities throughout the Agency;
(2) integrating that strategic plan into ongoing Agency
planning activities; and
(3) reviewing all Agency research to ensure the research--
(A) is of high quality; and
(B) does not duplicate any other research being
conducted by the Agency.
(b) Report.--The Assistant Administrator shall transmit annually to
the Administrator and to the Committee on Science of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report detailing--
(1) all Agency research the Assistant Administrator finds
is not of sufficiently high quality; and
(2) all Agency research the Assistant Administrator finds
duplicates other Agency research.
SEC. 5. PROHIBITION OF LOBBYING ACTIVITIES.
None of the funds authorized by this Act shall be available for any
activity whose purpose is to influence legislation pending before the
Congress.
SEC. 6. ELIGIBILITY FOR AWARDS.
(a) In General.--The Administrator shall exclude from consideration
for awards of financial assistance made by the Office of Research and
Development after fiscal year 1995 any person who received funds, other
than those described in subsection (b), appropriated for a fiscal year
after fiscal year 1995, from any Federal funding source for a project
that was not subjected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this section shall be
effective for a period of 5 years after the person receives such
Federal funds.
(b) Exception.--Subsection (a) shall not apply to awards to persons
who are members of a class specified by law for which assistance is
awarded to members of the class according to a formula provided by law.
SEC. 7. GRADUATE STUDENT FELLOWSHIPS.
In carrying out the graduate student fellowship program for which
funds are authorized to be appropriated by this Act, the Administrator
shall ensure that any fellowship award to a student selected after the
date of the enactment of this Act is used only to support research that
would further missions of the Office of Research and Development in
fields in which there exists or is projected to exist a shortage in the
number of scientists. | Environmental Research, Development, and Demonstration Authorization Act of 1995 - Authorizes appropriations to the Administrator of the Environmental Protection Agency (EPA) for FY 1996 for the Office of Research and Development for specified environmental research, development, and demonstration activities. Specifies that no funds are authorized to be appropriated for: (1) the Environmental Technology Initiative, the Climate Change Action Plan, or indoor air pollution research; (2) carrying out programs and activities after FY 1996; or (3) carrying out programs and activities in FY 1996 for which sums are not specifically authorized to be appropriated by this Act.
Directs the Administrator to assign to the Assistant Administrator for Research and Development the duties of: (1) developing a strategic plan for scientific and technical activities throughout EPA; (2) integrating that strategic plan into ongoing EPA planning activities; and (3) reviewing all EPA research to ensure the research is of high quality and does not duplicate any other research being conducted by EPA. Directs the Assistant Administrator to report annually to the Administrator and specified congressional committees on EPA research that is duplicative or not of sufficiently high quality.
Prohibits the use of funds authorized by this Act for lobbying activities.
Requires the Administrator to exclude from consideration for awards of financial assistance made by the Office after FY 1995 persons who received funds appropriated for a fiscal year after FY 1995 from any Federal funding source for a project that was not subjected to a competitive, merit-based award process. Makes the exclusion effective for a five-year period after the person receives such funds. Exempts awards to persons who are members of a class specified by law for which assistance is awarded according to a prescribed formula.
Requires the Administrator to ensure that any graduate fellowship award to a student selected after the enactment of this Act is used only to support research that would further missions of the Office in fields in which there exists or is projected to exist a shortage in the number of scientists. | Environmental Research, Development, and Demonstration Authorization Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Girls' Access to
Education in Vulnerable Settings Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of people displaced by conflict in 2016 is
the highest since the end of the Second World War, at almost 60
million. Armed conflicts in Iraq, Libya, the Syrian Arab
Republic, Yemen, the Central African Republic, the Democratic
Republic of the Congo, Nigeria, South Sudan, Sudan, Ukraine,
and many other countries have led to the internal displacement
of civilians as well as forcing many people to become refugees
or stateless.
(2) The majority of such displaced people, including
refugees and stateless people, are also survivors of human
rights abuses, violence, and conflict.
(3) The United Nations High Commissioner for Refugees has
identified deprivation and discrimination as two root causes of
the crisis of displaced people. The causes of deprivation may
include poor governance, lack of access to the benefits of
economic development, regional dynamics and conflicts,
urbanization, and political extremism. The discrimination such
people face may be based on race or ethnicity, nationality,
gender, beliefs, caste, or class.
(4) Half of the population of displaced people is under the
age of 18. One out of every four such children does not receive
either a primary or secondary education.
(5) Displaced people spend an average of 17 years away from
their home countries. As a result, displaced children may spend
the entirety of their childhoods in a foreign country, without
access to quality primary or secondary education.
(6) Although the global enrollment rate in secondary
schools is 67 percent, among displaced children, this rate is
36 percent.
(7) Education offers socioeconomic opportunities,
psychological stability, and physical protection for displaced
people. Education also contributes to the long-term livelihood
of such people, ensuring that displaced generations are able to
rebuild their lives and communities in their countries of
asylum or in their home countries.
(8) Each additional year of secondary education completed
by displaced people results in a ten percent increase in
earnings.
(9) Displaced children face many barriers to accessing
educational services. Educational services may not be
accessible because such services are too expensive, too far
away, or located in areas too dangerous to travel to daily.
Even if a school is available and sufficiently staffed, the
school may not accommodate children who have missed years of
schooling, or who face linguistic or cultural barriers to
assimilation.
(10) Despite the development of recent conflicts such as
those in Syria and Somalia, humanitarian aid for education has
dropped. Less than two percent of global emergency aid was
directed toward educational services in 2016.
(11) A lack of education among women and girls can
aggravate an otherwise reduced ability to seek employment,
participate in civil society, or purchase or inherit land and
other assets. In general, girls who have received secondary
education are up to six times less likely to marry as minors,
compared to girls who have received little or no formal
education. Girls who are not attending primary or secondary
schools are also disproportionately vulnerable to human and sex
trafficking and sexual violence.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that it is critical to ensure that
children, particularly girls, displaced by conflicts overseas are able
to access educational services and receive a quality education, and
that the educational needs of women and girls are considered in the
design, implementation, and evaluation of United States foreign
assistance policies and programs.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) encourage other countries to support efforts to ensure
that displaced children have access to safe, quality primary
and secondary education;
(2) enhance training and capacity-building for the
governments of countries hosting displaced people to design,
implement, and monitor programs to effectively address barriers
to such education, in coordination with--
(A) the United Nations, the World Bank, and other
international organizations;
(B) local and international nongovernmental
organizations; and
(C) civil society organizations, including faith-
based organizations and organizations representing
parents and children;
(3) incorporate into the design and implementation of such
programs measures to evaluate the impact of the programs on
girls, with respect to the reduction of child marriage, gender-
based violence, sexual and human trafficking, and forced labor;
and
(4) coordinate with the governments of countries hosting
displaced people to--
(A) promote the inclusion of displaced children
into the educational systems of such countries; and
(B) develop safe, quality primary and secondary
educational opportunities in circumstances in which
such inclusion is not possible or appropriate,
including through fostering innovative solutions such
as schools that permit more children to be educated by
extending the hours of schooling and expanding the
number of teachers.
SEC. 5. UNITED STATES ASSISTANCE TO SUPPORT EDUCATIONAL SERVICES FOR
DISPLACED CHILDREN.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development are authorized
to prioritize and advance ongoing efforts to support programs that--
(1) provide safe, quality primary and secondary education
for displaced children;
(2) build the capacity of institutions in countries hosting
displaced people to prevent displaced children from facing
discrimination when accessing safe, quality primary and
secondary education; and
(3) help increase the access of displaced children,
especially displaced girls, to educational, economic, and
entrepreneurial opportunities, including through the
governmental authorities of such host countries responsible for
educational or youth services.
(b) Coordination With Multilateral Organizations.--The Secretary
and the Administrator are authorized to coordinate with the World Bank,
appropriate agencies of the United Nations, and other relevant
multilateral organizations, to work with governments in other countries
to enact, implement, and enforce programs and policies that
specifically collect data disaggregated by sex and age on displaced
people.
(c) Coordination With Private Sector and Civil Society
Organizations.--The Secretary and the Administrator are authorized to
work with private sector and civil society organizations, in the United
States and internationally, to promote safe, quality primary and
secondary education for displaced children.
SEC. 6. REPORT.
During the five-year period beginning on the date of the enactment
of this Act, the Secretary and the Administrator shall include in any
report or evaluation submitted to Congress related to a foreign
assistance program the following information:
(1) To the extent practicable, a breakdown of the
beneficiaries of such program by location, age, gender, marital
status, and school enrollment status.
(2) A description of how such program benefits displaced
people.
(3) A description of any primary or secondary educational
services supported by such program that specifically address
the needs of displaced girls. | Protecting Girls' Access to Education in Vulnerable Settings Act This bill expresses the sense of Congress that it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to receive a quality education and that the educational needs of women and girls are considered in implementing U.S. foreign assistance policies and programs. The Department of State and the U.S. Agency for International Development (USAID) may advance programs that: provide safe, quality, primary and secondary education for displaced children; build the capacity of institutions in countries hosting displaced people to prevent displaced children from facing educational discrimination; and help increase the access of displaced children, especially girls, to educational, economic, and entrepreneurial opportunities. The State Department and USAID may: coordinate with multilateral organizations to work with foreign governments to implement programs and policies that collect data disaggregated by sex and age on displaced people; and work with domestic and foreign private sector and civil society organizations to promote safe, quality, primary and secondary education for displaced children. | Protecting Girls' Access to Education in Vulnerable Settings Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Education Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 1989 the Nation's governors established a goal that
all children would have access to high quality early education
programs by the year 2000. As of January 1, 2001, this goal has
still not been achieved.
(2) Research suggests that a child's early years are
critical to the development of the brain. Early brain
development is an important component of educational and
intellectual achievement.
(3) The National Research Council reported that early
education opportunities are necessary if children are going to
develop the language and literacy skills necessary to learn to
read.
(4) Evaluations of early education programs demonstrate
that compared to children with similar backgrounds who have not
participated in early education programs, children who
participate in such programs--
(A) perform better on reading and mathematics
achievement tests;
(B) are more likely to stay academically near their
grade level and make normal academic progress
throughout elementary school;
(C) are less likely to be held back a grade or
require special education services in elementary
school;
(D) show greater learning retention, initiative,
creativity, and social competency; and
(E) are more enthusiastic about school and are more
likely to have good attendance records.
(5) Studies have estimated that for every dollar invested
in quality early education, about 7 dollars are saved in later
costs.
SEC. 3. EARLY EDUCATION.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:
``PART L--EARLY EDUCATION
``SEC. 10995. EARLY EDUCATION.
``(a) Definition of Early Education.--In this part the term `early
education' means not less than a half-day of schooling each week day
during the academic year preceding the academic year a child enters
kindergarten.
``(b) Purpose.--The purpose of this section is to establish a
program to develop the foundation of early literacy and numerical
training among young children by helping State educational agencies
expand the existing education system to include early education for all
children.
``(c) Program Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to not less than 10 State educational agencies to enable
the State educational agencies to expand the existing education
system with programs that provide early education.
``(2) Matching requirement.--The amount provided to a State
educational agency under paragraph (1) shall not exceed 50
percent of the cost of the program described in the application
submitted pursuant to subsection (d).
``(3) Requirements.--Each program assisted under this
section--
``(A) shall be carried out by one or more local
educational agencies, as selected by the State
educational agency;
``(B) shall be carried out--
``(i) in a public school building; or
``(ii) in another facility by, or through a
contract or agreement with, a local educational
agency;
``(C) shall be available to all children served by
a local educational agency carrying out the program;
and
``(D) shall only involve instructors who are
licensed or certified in accordance with applicable
State law.
``(d) Application.--Each State educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner and accompanied by such information as the
Secretary may require. Each application shall--
``(1) include a description of--
``(A) the program to be assisted under this
section; and
``(B) how the program will meet the purpose of this
section; and
``(2) contain a statement of the total cost of the program
and the source of the matching funds for the program.
``(e) Secretarial Authority.--In order to carry out the purpose of
this section, the Secretary--
``(1) shall establish a system for the monitoring and
evaluation of, and shall annually report to Congress regarding,
the programs funded under this section; and
``(2) may establish any other policies, procedures, or
requirements, with respect to the programs.
``(f) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, not supplant, other Federal,
State, or local funds, including funds provided under Federal programs
such as Head Start and the Even Start Family Literacy Program under
part B of title I.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $300,000,000 for each of the
fiscal years 2002 through 2006''. | Early Education Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish an early education program of grants to States to provide programs for at least half-day schooling during the academic year preceding kindergarten.Authorizes the Secretary of Education to award such matching grants to not less than ten State educational agencies (SEAs) to expand the existing education system with programs that provide such early education.Requires each such assisted program to: (1) be carried out by one or more local educational agencies (LEAs), as selected by the SEA; (2) be carried out in a public school building, or in another facility by, or through a contract or agreement with, an LEA; (3) be available to all children served by the LEA carrying out the program; and (4) only involve licensed or certified instructors. | A bill to establish a program to help States expand the existing education system to include at least 1 year of early education preceding the year a child enters kindergarten. |
SECTION 1. FEDERAL ONLINE VOTER REGISTRATION APPLICATION FORM.
(a) In General.--The National Voter Registration Act of 1993 (52
U.S.C. 20501 et seq.) is amended by inserting after section 6 the
following new section:
``SEC. 6A. ONLINE VOTER REGISTRATION.
``(a) Development.--The Election Assistance Commission shall, in
consultation with chief election officers of the States, develop an
online voter registration platform which--
``(1) contains an online version of the mail voter
registration application form prescribed under section 9(a)(2)
(in this section referred to as the `online voter registration
application form') that--
``(A) meets the requirements of section 9(b) and
section 303(a)(4) of the Help America Vote Act of 2002;
and
``(B) allows for the applicant to provide--
``(i) an identification number which the
State or jurisdiction in which the applicant is
registering may use to identify an existing
signature of the applicant on file with such
State or jurisdiction; or
``(ii) an electronic signature in such form
or by such method as is acceptable by the State
or jurisdiction to which the applicant is
registering; and
``(2)(A) requires an applicant to indicate whether the
applicant is currently registered to vote in any other
jurisdiction (and, if so, to provide information identifying
such other jurisdiction; and
``(B) in the case of an applicant who is registered to vote
in another jurisdiction, treats submission and acceptance of
such application in a new jurisdiction as a request under
section 8(a)(3)(A) to cancel registration in such other
jurisdiction.
``(b) Duties of Election Assistance Commission.--
``(1) Transmission of completed applications and
cancellation requests.--The Election Assistance Commission
shall automatically forward completed online voter registration
application forms and cancellation requests pursuant to
subsection (a)(2)(B) to the appropriate chief State election
officials and, acting through such officials, to appropriate
State and local election officials in the State.
``(2) Registration through state-based platforms.--If the
Election Assistance Commission confirms a certification of the
chief election official of a State that the State has developed
a platform that meets the requirements of subsection (a), the
Election Assistance Commission shall automatically connect
applicants for registration in that State to such State
platform in lieu of the platform developed under subsection
(a).
``(c) Acceptance of Completed Applications.--A State shall accept
an online voter registration application form transmitted under
subsection (b), and ensure that the individual is registered to vote in
the State, if the individual meets the same voter registration
requirements applicable to individuals who register to vote by mail in
accordance with section 6(a)(1) using the mail voter registration
application form prescribed by the Election Assistance Commission
pursuant to section 9(a)(2).
``(d) Procedures if No Existing Electronic Signature.--If a State
does not accept an electronic signature for an individual registering
online and there is insufficient information to identify an existing
signature of the applicant on file with the State or jurisdiction, the
State shall allow the individual to finalize the individual's
registration by providing a signature at the poll prior to voting for
the first time in such jurisdiction after acceptance of the online
voter registration application form.
``(e) First-Time Voters.--
``(1) In general.--Subject to paragraph (2), a State may by
law require a person to vote in person if--
``(A) the person registered to vote in a
jurisdiction online under this section; and
``(B) the person has not previously voted in that
jurisdiction.
``(2) Exception.--Paragraph (1) does not apply in the case
of a person--
``(A) who is entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens Absentee
Voting Act;
``(B) who is provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of the
Voting Accessibility for the Elderly and Handicapped
Act;
``(C) who has provided sufficient information for
the purposes of identifying an existing signature of
the applicant on file with such State or jurisdiction;
or
``(D) who is entitled to vote otherwise than in
person under any other Federal law.
``(3) Application to states with all-mail voting.--Nothing
in this subsection shall be construed to prevent a State from
conducting elections entirely by mail-in ballot.''.
(b) Conforming Amendments.--
(1) State procedures.--Section 4(a) of the National Voter
Registration Act of 1993 (52 U.S.C. 20503(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) by online application pursuant to section 6A; and''.
(2) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1))
is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in the case of registration online under
section 6A, if the valid voter registration application
is submitted not later than the lesser of 20 days, or
the period provided by State law, before the date of
the election (as determined by treating the date on
which the application is completed online as the date
on which it is submitted); and''.
(3) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5))
is amended by striking ``and 7'' and inserting ``6A, and 7''.
(c) Applicability of Online Registration.--Section 4(b) of such Act
(52 U.S.C. 20503(b)) is amended by adding at the end the following new
flush sentence:
``Notwithstanding the preceding sentence, subsection (a)(3) and
sections 6A and 8(a)(1)(D) shall continue to apply to any State
described in paragraph (2).''.
(d) Application of First Time Voter Requirements Under Help America
Vote Act.--
(1) In general.--Section 303(b)(1)(A) of the Help America
Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by
inserting ``or by online application'' after ``by mail''.
(2) Exceptions.--Section 303(b)3) of such Act is amended--
(A) in subparagraph (A), by inserting ``or who
registers to vote by online application under section
6A of such Act'' before ``and submits'', and
(B) in subparagraph (B)(i), by inserting ``or who
registers to vote by online application under section
6A of such Act'' before ``and submits''.
SEC. 2. INCLUSION OF ONLINE VOTER REGISTRATION APPLICATION IN USPS
ONLINE CHANGE OF ADDRESS PROCESS.
(a) In General.--The Postmaster General shall ensure that the
United States Postal Service Online Change of Address process--
(1) incorporates the online voter registration platform
developed under section 6A of the National Voter Registration
Act of 1993, as added by section 1; and
(2) allows individuals to register to vote during the
process.
(b) Transmission of Completed Applications.--The Postmaster General
shall coordinate with the Election Assistance Commission to ensure that
applications and requests for cancellation through the platform under
paragraph (1) are forwarded in accordance with section 6A(b)(1) of the
National Voter Registration Act of 1993, as added by section 1.
SEC. 3. VOTER REGISTRATION DEADLINE.
Section 8(a)(1) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(a)(1)) is amended by striking ``30 days'' each place it
appears and inserting ``28 days''. | This bill amends the National Voter Registration Act of 1993 to direct the Election Assistance Commission (EAC) to: (1) develop an online voter registration application platform; and (2) forward automatically completed online voter registration application forms and cancellation requests to the appropriate chief state election officials and, acting through such officials, to appropriate state and local election officials in the state. The EAC shall automatically connect registration applicants to the state platform in lieu of the federal platform in any state that has developed one meeting the requirements of this Act. A state may require a first-time voter registered online to vote in person. The Postmaster General shall ensure that the U.S. Postal Service Online Change of Address process incorporates the online voter registration platform and allows individuals to register to vote during the process. The Act is amended with respect to administration of voter registration to change the voter registration application deadline from the lesser of 30 days or the period provided by state law before the date of election to the lesser of 28 days or the period provided by state law. | A bill to amend the National Voter Registration Act of 1993 to provide for online voter registration and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Educational Empowerment Act
of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On October 4, 2016, Hurricane Matthew devastated Haiti,
killing over 1,000 people, and directly affected 2.1 million
people, including the internal displacement of 175,000 and 1.4
million people in need of urgent humanitarian aid.
(2) The storm damage has been estimated to be
$1,000,000,000, or about 11.4 percent of the gross domestic
product of Haiti.
(3) Hurricane Matthew was the worst hurricane to hit Haiti
in over 50 years.
(4) Haiti is the poorest country in the Western Hemisphere.
(5) Eighty percent of the population lives below the
poverty line, and approximately 45 percent of the population is
illiterate.
(6) On January 12, 2010, a 7.0-magnitude earthquake struck
the country of Haiti.
(7) The earthquake caused massive devastation across Haiti,
destroying government buildings, hospitals, schools, and vital
aid offices, including the headquarters of the United Nations
mission to Haiti.
(8) An estimated three million people were directly
affected by the earthquake in Haiti, nearly one-third of the
country's population.
(9) Many universities suffered significant structural
damage, including the State University of Haiti, the country's
main public university, which had 80 percent of its buildings
destroyed.
(10) The earthquake claimed the lives of many students and
several prominent academics.
(11) Before the earthquake, at least 85 percent of Haitians
with a university degree left the island.
(12) A more highly educated population is vital to Haiti's
long-term development.
SEC. 3. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR CERTAIN HAITIAN
STUDENTS.
(a) In General.--The Secretary of State, acting through the
Assistant Secretary of State for Educational and Cultural Affairs,
shall establish a scholarship program for Haitian students whose
studies were interrupted as a result of the January 12, 2010,
earthquake or the October 4, 2016, hurricane, Hurricane Matthew.
(b) Eligibility.--To be eligible to receive a scholarship under
this section, a Haitian undergraduate or graduate student shall--
(1) have been enrolled as a full-time student in a Haitian
university or institution of higher education in the United
States at the time of the January 12, 2010, earthquake or when
Hurricane Matthew hit Haiti on October 4, 2016; and
(2) submit to the Assistant Secretary of State for
Educational and Cultural Affairs an application at such time,
in such manner, and containing such information as the
Assistant Secretary may require.
(c) Duration.--A scholarship under this section shall be awarded to
a Haitian student for one academic year and may be renewed in
accordance with subsection (d).
(d) Renewal.--
(1) In general.--A scholarship awarded under this section
may be renewed for an additional academic year upon
demonstration to the Secretary of State of satisfactory
academic achievement in the prior academic year.
(2) Maximum renewals.--A scholarship awarded under this
section may not be renewed for more than six academic years.
(e) Preference.--Preference in the awarding of scholarships shall
be given to the following categories of Haitian students:
(1) Haitian students who are studying subjects of
importance to Haiti's long-term social, economic, or political
development.
(2) Haitian students who were enrolled in programs that
were forced to cease operations as a result of the January 12,
2010, earthquake or the October 4, 2016, hurricane, Hurricane
Matthew.
(f) Return.--Upon completion of an undergraduate or graduate degree
at an institution of higher education, a Haitian student who has
received a scholarship under this section shall return to Haiti.
(g) Scholarship Amount.--A scholarship awarded to a Haitian student
under this section may not exceed an amount equal to the total costs
related to the tuition and fees for one academic year at an institution
of higher education in which the student is enrolled as a full-time
student.
SEC. 4. GRANTS TO UNITED STATES COLLEGES AND UNIVERSITIES.
The Secretary of State, acting through the Assistant Secretary of
State for Educational and Cultural Affairs, may make grants to
institutions of higher education that have enrolled a significant
number of Haitian students who have been enrolled as full-time students
in a Haitian university at the time of the January 12, 2010, earthquake
or the October 4, 2016, hurricane, Hurricane Matthew. Such grants shall
be used to provide social and educational support services to such
students.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Fees.--The term ``fees'' means--
(A) fees normally assessed a full-time student, as
determined by an institution of higher education,
including--
(i) costs for the rental or purchase of any
equipment, materials, or supplies required of
all students in the same course of study; and
(ii) an allowance for room and board at
such institution; and
(B) travel expenses to such institution from Haiti
and, upon the completion of a degree at such
institution, from such institution to Haiti.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Scholarship.--The term ``scholarship'' means an amount
awarded to a Haitian student under this section that shall only
be used to pay costs related to the tuition and fees at the
institution of higher education in which the student is
enrolled as a full-time student. | Haitian Educational Empowerment Act of 2017 This bill directs the Department of State to establish a scholarship program for eligible Haitian students who were enrolled as full-time students in a Haitian or U.S. university or institution of higher education and whose studies were interrupted as a result of the January 12, 2010, earthquake or the October 4, 2016, Hurricane Matthew. A Haitian student who receives such a scholarship shall return to Haiti upon completion of an undergraduate or graduate degree. The State Department may make grants to institutions of higher education that have enrolled a significant number of Haitian students who were enrolled as full-time students in a Haitian university at the time of such earthquake or hurricane. Such grants shall be used to provide social and educational support services. | Haitian Educational Empowerment Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``El Camino Real de los Tejas National
Historic Trail Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) El Camino Real de los Tejas (the Royal Road to the
Tejas), served as the primary route between the Spanish
viceregal capital of Mexico City and the Spanish provincial
capital of Tejas at Los Adaes (1721-1773) and San Antonio
(1773-1821);
(2) the seventeenth, eighteenth, and early nineteenth
century rivalries among the European colonial powers of Spain,
France, and England and after their independence, Mexico and
the United States, for dominion over lands fronting the Gulf of
Mexico, were played out along the evolving travel routes in
this immense area;
(3) the future of several American Indian nations, whose
prehistoric trails were later used by the Spaniards for
exploration and colonization, was tied to these larger forces
and events and the nations were fully involved in and affected
by the complex cultural interactions that ensued;
(4) the Old San Antonio Road was a series of routes
established in the early 19th century sharing the same corridor
and some routes of El Camino Real, and carried American
immigrants from the east, contributing to the formation of the
Republic of Texas, and its annexation to the United States;
(5) the exploration, conquest, colonization, settlement,
migration, military occupation, religious conversion, and
cultural exchange that occurred in a large area of the
borderland was facilitated by El Camino Real de los Tejas as it
carried Spanish and Mexican influences northeastward, and by
its successor, the Old San Antonio Road, which carried American
influence westward, during a historic period which extended
from 1689 to 1850; and
(6) the portions of El Camino Real de los Tejas in what is
now the United States extended from the Rio Grande near Eagle
Pass and Laredo, Texas and involved routes that changed through
time, that total almost 2,600 miles in combined length,
generally coursing northeasterly through San Antonio, Bastrop,
Nacogdoches, and San Augustine in Texas to Natchitoches,
Louisiana, a general corridor distance of 550 miles.
SEC. 3. AUTHORIZATION AND ADMINISTRATION.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)
is amended--
(1) by designating the paragraphs relating to the
California National Historic Trail, the Pony Express National
Historic Trail, and the Selma to Montgomery National Historic
Trail as paragraphs (18), (19), and (20), respectively; and
(2) by adding at the end the following:
``(22) El camino real de los tejas.--
``(A) In general.--El Camino Real de los Tejas (The
Royal Road to the Tejas) National Historic Trail, a
combination of routes totaling 2,580 miles in length
from the Rio Grande near Eagle Pass and Laredo, Texas
to Natchitoches, Louisiana, and including the Old San
Antonio Road, as generally depicted on the maps
entitled `El Camino Real de los Tejas', contained in
the report prepared pursuant to subsection (b) entitled
`National Historic Trail Feasibility Study and
Environmental Assessment: El Camino Real de los Tejas,
Texas-Louisiana', dated ____ July 1998. A map generally
depicting the trail shall be on file and available for
public inspection in the Office of the National Park
Service, Department of the Interior. The trail shall be
administered by the Secretary of the Interior. No land
or interest in land outside the exterior boundaries of
any federally administered area may be acquired by the
United States for the trail except with the consent of
the owner of the land or interest in land.
``(B) Coordination of activities.--The Secretary of
the Interior may coordinate with United States and
Mexican public and non-governmental organizations,
academic institutions, and, in consultation with the
Secretary of State, the government of Mexico and its
political subdivisions, for the purpose of exchanging
trail information and research, fostering trail
preservation and educational programs, providing
technical assistance, and working to establish an
international historic trail with complementary
preservation and education programs in each nation.''.
Passed the Senate October 14 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | El Camino Real de los Tejas National Historic Trail Act of 1998 - Amends the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail. | El Camino Real de los Tejas National Historic Trail Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soledad Canyon Mine Mitigation and
Relocation Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Soledad Canyon area has been used to mine
construction aggregate resources since the 1960s.
(2) In 1987, the State of California classified Soledad
Canyon as a ``regionally significant construction aggregate
resource area''.
(3) The construction sand and gravel industry is valued at
more than $5,900,000,000 by the United States Geological
Survey, with an estimated 4,000 companies performing 6,400
construction sand and gravel operations in 50 States.
California leads the Nation in gross tonnage of sand and gravel
mined.
(4) Sand and gravel are estimated to be used in accordance
with the following percentages:
(A) 41 percent for concrete aggregates.
(B) 25 percent for road base, coverings, and
stabilization.
(C) 13 percent as construction fill.
(D) 12 percent for asphalt.
(E) 4 percent for plaster.
(F) 5 percent for miscellaneous products, including
filtration and railroad ballasts, bricks, and pipes.
(5) Two privately held valid Federal contracts, numbered
CA-20139 and CA-22901, issued under the Act of July 31, 1947
(30 U.S.C. 601 et seq.; 61 Stat 681; commonly known as the
Materials Act of 1947), authorize the extraction of
approximately 56,000,000 tons of sand and gravel from the
Federal mineral estate in lands located in Soledad Canyon
adjacent to the city of Santa Clarita, California.
(6) Those Federal contracts were awarded in 1990 to Transit
Mixed Concrete. Southdown, the parent company of Transit Mixed
Concrete, was acquired by CEMEX in 2000, resulting in CEMEX
holding the Federal contracts.
(7) The Bureau of Land Management approved a mining plan of
operations and prepared a draft environmental impact statement
with respect to the Soledad Canyon Mine, which was released on
May 6, 1999. The environmental impact statement was
subsequently modified to address growing concerns among Santa
Clarita residents about the impact mining operations in Soledad
Canyon had on air quality and health, truck traffic, and
declining property values in Santa Clarita.
(8) The final environmental impact statement was released
to the public on June 2, 2000, with a list of eight
alternatives for mining the Soledad Canyon site.
(9) The county of Los Angeles was required, with respect to
mining in Soledad Canyon, under the California Environmental
Quality Act (Cal. Public Resources Code, section 21000 et seq.)
to prepare an environmental impact report to comply with the
California Surface Mining Reclamation Act (Cal. Public
Resources Code, section 2710 et seq.). The final environmental
impact report was released in April 2001, but the County Board
of Supervisors voted to deny a permit under such Act (Cal.
Public Resources Code, section 2710 et seq.) in early 2002,
citing the right and responsibility of the county to impose
reasonable environmental and resource protection and regulation
on mining in Soledad Canyon.
(10) Numerous lawsuits were filed between 2002 and 2004
involving the city of Santa Clarita, the county of Los Angeles,
the Center for Biological Diversity, and CEMEX.
(11) Exhibit H to the Consent Decree resulting from the
settlement of CEMEX Inc. v. County of Los Angeles, filed on May
20, 2004, in the United States District Court for the Central
District of California, Western Division, contains the
mitigation agreement between CEMEX and the county of Los
Angeles (entitled ``Settlement Project Conditions''), which
lists 40 conditions that CEMEX is required to meet in order to
mitigate the environmental, health, traffic, endangered
species, and safety concerns raised by the county, local
residents, and the city of Santa Clarita.
(12) Congressman Howard P. ``Buck'' McKeon of California
has introduced the following bills with respect to the Soledad
Canyon Mine:
(A) H.R. 3060 (106th Congress) to withdraw
specified lands from the operation of Federal mining
and mineral leasing laws and to nullify any existing
permits issued on such lands.
(B) H.R. 679 (107th Congress) to reintroduce H.R.
3060 from the 106th Congress.
(C) H.R. 3529 (108th Congress), the Soledad Canyon
Mine Lease Cancellation Act, to cancel two mining
permits for the Soledad Canyon Mine and to prohibit the
Secretary of the Interior from issuing permits for
mining above historical levels in Soledad Canyon.
(D) H.R. 5471 (109th Congress), the Soledad Canyon
Mine Leases Adjustment Act--
(i) to cancel two mining permits for the
Soledad Canyon Mine;
(ii) to direct the Secretary of the
Interior to provide additional financial and
mineral production opportunities in exchange
for the economic value invested to date on the
two permits; and
(iii) to prohibit the Secretary of the
Interior from issuing permits for mining above
historical levels in Soledad Canyon.
(E) H.R. 5887 (110th Congress), the Soledad Canyon
Mine Act--
(i) to authorize the Secretary of the
Interior, acting through the Bureau of Land
Management, to cancel mining contracts CA-20139
and CA-22901;
(ii) to prohibit future mining in the
Soledad Canyon;
(iii) to provide a means for CEMEX to
recover as just compensation for the
cancellation of the contracts the fair market
value of, and the expenditures and covered
liabilities of Transit Mixed Concrete in
pursuing the development of, the contracts;
(iv) to provide the Bureau of Land
Management with the necessary tools to verify
the expenses incurred by CEMEX and provide
relief to CEMEX for such expenses;
(v) to provide timelines for the
verification of such expenses and the
determination of just compensation; and
(vi) to provide for a dispute resolution
process.
(F) H.R. 4332 (111th Congress), the Soledad Canyon
High Desert, California Public Lands Conservation and
Management Act of 2009--
(i) to authorize the Secretary of the
Interior, acting through the Bureau of Land
Management, to cancel mining contracts CA-20139
and CA-22901;
(ii) to withdraw the areas that were
subject to such contracts from further mineral
entry under all mineral leasing and sales
authorities available to the Secretary;
(iii) to provide compensation to CEMEX for
such contracts;
(iv) to offer for sale by competitive
bidding lands identified for disposition near
Victorville, California; and
(v) to acquire environmentally sensitive
land and collect the proceeds of the sale of
lands near Victorville, California.
(13) Congressman McKeon was instrumental in CEMEX and the
city of Santa Clarita entering into an agreement (entitled the
``Principles of Cooperation'') on January 8, 2007, which was
renewed eight times and expired on May 31, 2012. The Principles
of Cooperation governed the conduct between the two parties,
ensured that no mining permits were initiated at any level, and
ensured that all parties would work toward a mutually favorable
legislative solution.
(14) On November 4, 2011, Congressman McKeon was informed
by the Chairman of the Committee on Natural Resources of the
House of Representatives, Congressman Doc Hastings of
Washington, that H.R. 4332 (111th Congress) was considered a
congressional earmark under the Rules of the House of
Representatives for the 112th Congress.
(15) Clause 9(e) of rule XXI of the Rules of the House of
Representatives for the 112th Congress defines a congressional
earmark as ``a provision or report language included primarily
at the request of a Member, Delegate, Resident Commissioner, or
Senator providing, authorizing or recommending a specific
amount of discretionary budget authority, credit authority, or
other spending authority for a contract, loan, loan guarantee,
grant, loan authority, or other expenditure with or to an
entity, or targeted to a specific State, locality or
Congressional district, other than through a statutory or
administrative formula-driven or competitive award process.''.
SEC. 3. STUDY REQUIRED BY BUREAU OF LAND MANAGEMENT.
(a) Study Required.--Beginning not later than 90 days after the
date of the enactment of this Act, the Secretary of the Interior,
acting through the Bureau of Land Management, shall commence a study of
the legal and administrative steps, including obtaining sufficient
funding, necessary to carry out the goals of H.R. 4332 (111th Congress)
referred to in section 2(12)(F).
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Interior shall submit to
the Committee on Natural Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate a report of
the findings of the study conducted under subsection (a). The report
shall include recommendations on the best means to achieve the goals of
H.R. 4332 (111th Congress) referred to in section 2(12)(F). | Soledad Canyon Mine Mitigation and Relocation Act of 2012 - Directs the Secretary of the Interior, through the Bureau of Land Management (BLM), to begin a study of the legal and administrative steps, including obtaining sufficient funding, necessary to carry out the goals of the Soledad Canyon High Desert, California Public Lands Conservation and Management Act of 2009. | To direct the Secretary of the Interior, acting through the Bureau of Land Management, to conduct a study of the legal and administrative steps necessary to carry out the goals of H.R. 4332, the Soledad Canyon High Desert, California Public Lands Conservation and Management Act of 2009 of the 111th Congress. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refundable Child Tax Credit
Eligibility Verification Reform Act of 2013''.
SEC. 2. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE PORTION
OF THE CHILD TAX CREDIT.
(a) In General.--Subsection (d) of section 24 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (4) the
following new paragraph:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to
any taxpayer for any taxable year unless the taxpayer
includes the taxpayer's social security number on the
return of tax for such taxable year.
``(B) Joint returns.--In the case of a joint
return, the requirement of subparagraph (A) shall be
treated as met if the social security number of either
spouse is included on such return.
``(C) Limitation.--Subparagraph (A) shall not apply
to the extent the tentative minimum tax (as defined in
section 55(b)(1)(A)) exceeds the credit allowed under
section 32.''.
(b) Omission Treated as Mathematical or Clerical Error.--
Subparagraph (I) of section 6213(g)(2) of such Code is amended to read
as follows:
``(I) an omission of a correct social security
number required under section 24(d)(5) (relating to
refundable portion of child tax credit), or a correct
TIN under section 24(e) (relating to child tax credit),
to be included on a return,''.
(c) Conforming Amendment.--Subsection (e) of section 24 of such
Code is amended by inserting ``With Respect to Qualifying Children''
after ``Identification Requirement'' in the heading thereof.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED REFUNDABLE
PORTION OF THE CHILD TAX CREDIT IN PRIOR YEAR.
(a) In General.--Subsection (d) of section 24 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (5) the
following new paragraph:
``(6) Restrictions on taxpayers who improperly claimed
credit in prior year.--
``(A) Taxpayers making prior fraudulent or reckless
claims.--
``(i) In general.--No credit shall be
allowed under this subsection for any taxable
year in the disallowance period.
``(ii) Disallowance period.--For purposes
of clause (i), the disallowance period is--
``(I) the period of 10 taxable
years after the most recent taxable
year for which there was a final
determination that the taxpayer's claim
of credit under this subsection was due
to fraud, and
``(II) the period of 2 taxable
years after the most recent taxable
year for which there was a final
determination that the taxpayer's claim
of credit under this subsection was due
to reckless or intentional disregard of
rules and regulations (but not due to
fraud).
``(B) Taxpayers making improper prior claims.--In
the case of a taxpayer who is denied credit under this
subsection for any taxable year as a result of the
deficiency procedures under subchapter B of chapter 63,
no credit shall be allowed under this subsection for
any subsequent taxable year unless the taxpayer
provides such information as the Secretary may require
to demonstrate eligibility for such credit.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 4. CHECKLIST FOR PAID PREPARERS TO VERIFY ELIGIBILITY FOR
REFUNDABLE PORTION OF THE CHILD TAX CREDIT; PENALTY FOR
FAILURE TO MEET DUE DILIGENCE REQUIREMENTS.
(a) In General.--The Secretary of the Treasury (or the Secretary's
delegate) shall prescribe a form (similar to Form 8867) which is
required to be completed by paid income tax return preparers in
connection with claims for the refundable portion of the child tax
credit under section 24(d) of the Internal Revenue Code of 1986.
(b) Penalty.--Section 6695 of the Internal Revenue Code of 1986
(relating to other assessable penalties with respect to the preparation
of tax returns for other persons) is amended by adding at the end the
following new subsection:
``(h) Failure To Be Diligent in Determining Eligibility for
Refundable Portion of Child Tax Credit.--Any person who is a tax return
preparer with respect to any return or claim for refund who fails to
comply with due diligence requirements imposed by the Secretary by
regulations with respect to determining eligibility for, or the amount
of, the credit allowable by section 24(d) shall pay a penalty of $500
for each such failure.''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Refundable Child Tax Credit Eligibility Verification Reform Act of 2013 - Amends the Internal Revenue Code, with respect to the child tax credit, to require taxpayers claiming such credit to provide their social security numbers on their tax returns. Prohibits taxpayers who improperly claimed such credit in a previous year from claiming such credit during a disallowance period of: (1) 2 years for claims made with reckless or intentional disregard of rules governing such credit, or (2) 10 years for fraudulent claims. Requires the Secretary of the Treasury to prescribe a form for completion by paid income tax preparers in connection with claims for the refundable portion of the child tax credit. Imposes a penalty on preparers who fail to comply with due diligence requirements for claiming the refundable portion of the credit. | Refundable Child Tax Credit Eligibility Verification Reform Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capitalizing Workforce Development
Act of 2012''.
SEC. 2. JOB TRAINING RESOURCES GRANT PROGRAM.
(a) In General.--Section 403(a) of the Social Security Act (42
U.S.C. 603(a)) is amended by adding at the end the following :
``(6) Job training resources grants.--
``(A) Use of funds.--The Secretary shall use the
funds made available under subparagraph (F) to award
grants to eligible applicants on a competitive basis
for the purpose of supporting the purchase, renovation,
construction, or lease and improvement of real property
to be used by qualified self-sustaining job programs.
``(B) Qualified self-sustaining job program.--For
purposes of this paragraph, the term `qualified self-
sustaining job program' means a program which--
``(i) provides job training, job placement,
or other employment-related services to
individuals with employment challenges; and
``(ii) except for funds made available
under this paragraph for the expenses described
in subparagraph (A), does not require Federal
funds for programmatic or administrative
expenses relating to the provision of the
services described in clause (i).
Nothing in this subparagraph shall prohibit any
applicant or grantee under this paragraph from
participating in any other Federal program.
``(C) Priority.--In awarding grants under this
paragraph, the Secretary shall give priority to
eligible applicants that demonstrate significant
successful experience in establishing qualified self-
sustaining job programs or, in the case of an eligible
applicant described in subparagraph (D)(i), that
include among their membership one or more local
organizations that have been awarded a grant under
section 413(h)(3)(A).
``(D) Eligible applicant.--For purposes of this
paragraph, the term `eligible applicant' means--
``(i) a national organization which is
described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from tax
under section 501(a) of such Code, the mission
of which is to provide employment-related
services to individuals with employment
challenges;
``(ii) a State or political subdivision
thereof; or
``(iii) an Indian tribe or tribal
organization.
``(E) Grant conditions and requirements.--
``(i) Job placement performance goals.--
Each award of a grant under this paragraph
shall be conditioned upon the establishment by
the Secretary, in coordination with the
grantee, of--
``(I) the job placement performance
goals for each qualified self-
sustaining job program operated by the
grantee that will receive the grant
funds (or the subgrantee under clause
(iii), if any); and
``(II) the performance assessment
dates (not earlier than 1 year after
the date the grant is awarded to the
grantee) on which the achievement of
such goals will be measured by the
Secretary.
``(ii) Protection of federal interest.--For
all real property purchased, renovated,
constructed, or improved using funds made
available under this paragraph, the Secretary
shall ensure the protection of the Federal
Government's interest in such real property in
such manner as may be prescribed by the
Secretary.
``(iii) Subawards.--An eligible applicant
described in subparagraph (D)(i) that receives
funds made available under this paragraph shall
distribute such funds among its local member
organizations to carry out the purposes
described in subparagraph (A) with respect to
qualified self-sustaining job programs.
``(F) Appropriation.--Out of any money in the
Treasury not otherwise appropriated, there are
appropriated $200,000,000 for grants under this
paragraph for fiscal year 2013, to remain available
through fiscal year 2016.''.
(b) Recapture Penalty.--
(1) In general.--Section 409(a) of the Social Security Act
(42 U.S.C. 609(a)) is amended by adding at the end the
following:
``(17) Penalty for failure to meet job placement
performance goals of qualified self-sustaining job program.--
``(A) In general.--If the Secretary determines that
a recipient of funds under section 403(a)(6) has failed
to meet the job placement performance goals established
under section 403(a)(6)(E)(i) as of any performance
assessment date established under section
403(a)(6)(E)(i)(II), the Secretary shall require
repayment of such funds to the Treasury in a
proportional amount to the degree of such failure.
``(B) Timing of repayment.--The payments required
by subparagraph (A) shall be made over the 10-fiscal-
year period beginning with the date the Secretary makes
the determination under subparagraph (A). No interest
shall accrue with respect to such payments.
``(C) Election to comply.--With the consent of the
Secretary, in lieu of the payments required by
subparagraph (A), the recipient of funds may elect to
come into compliance with the job placement performance
goals established under section 403(a)(6)(E)(i). Such
compliance shall be demonstrated in such manner and in
such time as the Secretary shall prescribe.
``(D) Failure by state.--In the case of a State
that is subject to a penalty under this paragraph, in
lieu of the payments required by subparagraph (A), the
Secretary may reduce the grant payable to such State
under section 403(a)(1) in the same amount and over the
same 10-fiscal-year period that such payments would
have been made.
``(E) Nonapplicability of state penalty
limitations.--Subsections (c) and (d) shall not apply
in the case of any penalty under this paragraph, except
for a penalty with respect to which reductions are made
under subparagraph (D).''.
(2) Exclusion from state reasonable cause exception.--
Section 409(b)(2) of the Social Security Act (42 U.S.C.
609(b)(2)) is amended by striking ``or (13)'' and inserting
``(13), or (17)''.
[SEC. 3. OFFSET TO ENSURE PAYGO COMPLIANCE.
________.] | Capitalizing Workforce Development Act of 2012 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to award competitive grants to support the purchase, renovation, construction, or lease and improvement of real property to be used by qualified self-sustaining job programs that provide job training, job placement, or other employment-related services to individuals with employment challenges. | To amend title IV of the Social Security Act to create a competitive self-sustainable social services grant program to provide workforce development opportunities and training to people with barriers to employment under the program of block grants to States for temporary assistance for needy families, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Reform and
Opportunity Act of 2013''.
SEC. 2. AMENDMENTS TO THE HIGHER EDUCATION ACT.
(a) Definition of Institution of Higher Education.--Section 102(a)
of the Higher Education Act of 1965 (20 U.S.C. 1002(a)) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(2) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``Subject to paragraphs (2) through (4)'' and
inserting ``Subject to paragraphs (2) through (5)'';
(3) in paragraph (1)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) if accredited by an authorized accreditation
authority in a State that has an alternative
accreditation agreement with the Secretary, as
described in paragraph (5)--
``(i) an institution that provides
postsecondary education;
``(ii) a postsecondary apprenticeship
program; or
``(iii) a postsecondary education course or
program provided by an institution of
postsecondary education, a nonprofit
organization, or a for-profit organization or
business;''; and
(4) by inserting after paragraph (4), the following:
``(5) State alternative accreditation.--
``(A) In general.--Notwithstanding any other
provision of law, a State may establish an alternative
accreditation system for the purpose of establishing
institutions that provide postsecondary education and
postsecondary education courses or programs as eligible
for funding under title IV if the State enters into an
agreement with the Secretary for the establishment of
the alternative accreditation system. Such
institutions, courses, or programs may include--
``(i) institutions that provide
postsecondary education;
``(ii) postsecondary apprenticeship
programs;
``(iii) any other postsecondary education
course or program offered at an institution of
postsecondary education, a nonprofit
organization, or a for-profit organization or
business; and
``(iv) any of the entities described in
clauses (i) through (iii) that do not award a
postsecondary certification, credential, or
degree, provided that such entity provides
credit that will apply toward a postsecondary
certification, credential, or degree.
``(B) Alternative accreditation agreement.--The
alternative accreditation agreement described in
subparagraph (A) shall include the following:
``(i) The designation of one or more
authorized accrediting entities within the
State, such as the State Department of
Education, another State agency, an industry-
specific accrediting agency, or another entity,
and an explanation of the process through which
the State will select such authorized
accrediting entities.
``(ii) The standards or criteria that an
institution that provides postsecondary
education and a postsecondary education course
or program must meet in order to--
``(I) receive an initial
accreditation as part of the
alternative accreditation system; and
``(II) maintain such accreditation.
``(iii) A description of the appeals
process through which an institution that
provides postsecondary education and a
postsecondary education course or program may
appeal to an authorized accrediting entity if
such institution, course, or program is denied
accreditation under the State alternative
accreditation system.
``(iv) Each authorized accrediting entity's
policy regarding the transfer of credits
between institutions that provide postsecondary
education and postsecondary education courses
or programs within the State that are
accredited as part of the alternative
accreditation system.
``(v) The Secretary's reporting
requirements for the State regarding the State
alternative accreditation system, including--
``(I) the contents of reports that
must be submitted to the Secretary,
which may include information such as--
``(aa) in the case of a
postsecondary education course
or program that is accredited
through the State alternative
accreditation system--
``(AA) the number
and percentage of
students who
successfully complete
each such postsecondary
education course or
program; and
``(BB) the number
and percentage of
students who
successfully obtain a
postsecondary
certification,
credential, or degree
using credit obtained
from each such
postsecondary education
course or program; and
``(bb) in the case of an
institution that provides
postsecondary education that is
accredited through the State
alternative accreditation
system--
``(AA) the number
and percentage of
students who
successfully obtain a
postsecondary
certification,
credential, or degree
from such institution;
and
``(BB) the number
and percentage of
students who do not
successfully obtain a
postsecondary
certification,
credential, or degree
from such institution
but do obtain credit
from such institution
toward a postsecondary
degree, credential, or
certification;
``(II) the frequency with which
such reports must be submitted to the
Secretary; and
``(III) any requirements for third
party verification of information
contained in such reports.
``(vi) The State policy regarding public
accessibility to certain information relating
to institutions that provide postsecondary
education and postsecondary education courses
and programs accredited under the State
alternative accreditation system, including--
``(I) the information described in
subclause (I) of clause (v); and
``(II) information about the rates
of job placement for individuals that
have graduated from an institution or
completed a course or program that is
accredited under the State alternative
accreditation system.
``(vii) An assurance by the State that
under the State alternative accreditation
system, only institutions that provide
postsecondary education and postsecondary
education courses or programs that provide
credits toward a postsecondary certification,
credential, or degree (as defined by the State
in accordance with clause (viii)) will be
accredited.
``(viii) The State's definition of a
postsecondary certification, credential, or
degree, as such term applies to the requirement
described in clause (vii).
``(ix) A description of the agreements that
the State will enter into with institutions
that provide postsecondary education and
postsecondary education courses or programs
that are accredited under the alternative
accreditation system to enable such
institutions, courses, or programs to be
eligible under a program authorized under title
IV, for participation in the direct student
loan program, and for the origination of loans
under part D of title IV, and how such
agreements will operate in lieu of the
agreements described in sections 487 and 454.
``(x) A description of how the State will
select institutions that provide postsecondary
education and postsecondary education courses
or programs that are accredited under the
alternative accreditation system, in lieu of
the selection process described in section 453,
for--
``(I) participation in the direct
student loan program under part D of
title IV; and
``(II) approval allowing such
institution, program, or course to
originate direct loans under part D of
title IV.
``(xi) A description of how the State will
administer title IV funds for institutions that
provide postsecondary education, postsecondary
apprenticeship programs, and postsecondary
education courses or programs provided by an
institution of postsecondary education, a
nonprofit organization, or a for-profit
organization or business that are accredited
through the alternative accreditation system.
``(C) Administrative costs for pell grant
students.--
``(i) Pell grants administered by
entities.--In the case of an institution that
provides postsecondary education, a
postsecondary apprenticeship program, or an
entity that provides a postsecondary education
course or program that is accredited through
the alternative accreditation system and that
will administer the Federal Pell Grant, Federal
Perkins Loan, Federal Work-Study, and Federal
Supplemental Educational Opportunity Grants in
accordance with the agreement described in
subparagraph (B)(xi), the Secretary shall, in
lieu of carrying out section 690.10 of title
34, Code of Federal Regulations, and subject to
available appropriations, pay $5.00 to the
institution, apprenticeship program, or entity,
as the case may be, for each student who
receives a Federal Pell Grant at that
institution, apprenticeship program, or entity
for an award year.
``(ii) Pell grants administered by
states.--In the case of an institution that
provides postsecondary education, a
postsecondary apprenticeship program, or an
entity that provides a postsecondary education
course or program that is accredited through
the alternative accreditation system and will
not administer the Federal Pell Grant, Federal
Perkins Loan, Federal Work-Study, and Federal
Supplemental Educational Opportunity Grants,
but will have such programs administered by the
State in accordance with the agreement
described in subparagraph (B)(xi), the
Secretary shall, in lieu of carrying out
section 690.10 of title 34, Code of Federal
Regulations, and subject to available
appropriations, pay $5.00 to the State for each
student who receives a Federal Pell Grant at
that institution, apprenticeship program, or
entity, as the case may be, for an award year.
``(iii) Use of funds.--All funds that an
institution, apprenticeship program, entity, or
the State receives under this subparagraph
shall be used solely to pay the cost of--
``(I) administering the Federal
Pell Grant, Federal Perkins Loan,
Federal Work-Study, and Federal
Supplemental Educational Opportunity
Grants; and
``(II) carrying out the reporting
requirements described under
subparagraph (B)(v).
``(iv) Financial aid services.--If an
institution, apprenticeship program, or entity
described in this subparagraph enrolls a
significant number of students who are
attending less-than-full-time or are
independent students, such institution,
apprenticeship program, entity, or the State,
as the case may be, shall use a reasonable
proportion of the funds provided under this
subparagraph to make financial aid services
available during times and in places that will
most effectively accommodate the needs of those
students.''.
(b) Title IV Eligibility Requirements.--Part G of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by
adding at the end the following:
``SEC. 493E. STATE ACCREDITED INSTITUTIONS, PROGRAMS, OR COURSES.
``Notwithstanding any other provision of law, an institution,
program, or course that is eligible for funds under this title in
accordance with section 102(a)(1)(B) and meets the requirements of
section 102(a)(5) shall not be required to meet any other requirements
of this title. For purposes of this title, such an institution,
program, or course shall be deemed to be an eligible institution that
meets the requirements of section 487.''. | Higher Education Reform and Opportunity Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to make the following entities, programs, and courses eligible for funding under title IV if they are accredited by an authorized accreditation authority in a state that has an alternative accreditation agreement with the Secretary of Education: institutions that provide postsecondary courses; postsecondary apprenticeship programs; and postsecondary education courses or programs provided by institutions of postsecondary education, nonprofit organizations, or for-profit organizations or businesses. Lists the items to be included in a state's alternative accreditation agreement with the Secretary, including the standards those entities, programs, and courses must meet to receive and maintain their accreditation. Requires that agreement to include the state's assurance that only entities, programs, and courses that provide credits toward a postsecondary certification, credential, or degree (as defined by the state in the agreement) will be accredited. Establishes the formula for determining the administrative cost allowance for: (1) the entities, programs, and courses that are accredited through the alternative accreditation system and that administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant programs in accordance with the agreement; and (2) states that will administer those programs for such entities, programs, and courses in accordance with the agreement. | Higher Education Reform and Opportunity Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Home Staffing and Quality
Improvement Act of 2001''.
SEC. 2. GRANTS TO STATES FOR IMPROVEMENTS IN NURSING HOME STAFFING AND
QUALITY.
(a) Secretary's Authority To Award Grants.--The Secretary of Health
and Human Services shall establish a program of competitive grants to
States, in accordance with the provisions of this section, for the
purpose of improving the quality of care furnished in nursing homes
operating in the State.
(b) Applications and Eligibility for Grants.--
(1) Initial application.--A State seeking a grant to
conduct a project under this section shall submit an
application containing such information and assurances as the
Secretary of Health and Human Services may require, including--
(A) a commitment to submit annual reports
describing the State's progress in increasing staffing
levels and making other quality improvements in nursing
homes in the State; and
(B) a description of a plan for evaluation of the
activities carried out under the grant, including a
plan for measurement of progress toward the goals and
objectives of the program, consistent with the
principles of the Government Performance and Results
Act.
(2) Consultation with public.--Before submitting an
application for a grant under this section, a State shall
solicit and consider the views of members of the public,
nursing home residents or their representatives, and other
persons concerned with the administration of nursing homes
within the State with respect to the design of the proposed
State program.
(3) Eligibility.--
(A) Initial eligibility.--A State shall not be
eligible for a grant award under this section unless it
makes assurances satisfactory to the Secretary of
Health and Human Services that the skilled nursing
facilities (as defined in section 1819(a) of the Social
Security Act (42 U.S.C. 1395i-3(a))) and nursing
facilities (as defined in section 1919(a) of such Act
(42 U.S.C. 1396r(a))) within the State will reach or
exceed the minimum staff level described in subsection
(d)(2) within two years after the date of the enactment
of this Act and will maintain such level throughout the
remainder of the grant program.
(B) Continuing eligibility.--A State shall not be
eligible for the continuation of grant funding under a
multi-year grant under this section unless the State
demonstrates to the satisfaction of the Secretary of
Health and Human Services that it continues to meet the
requirement described in subparagraph (A) and has made
sufficient progress in meeting the goals described in
its grant application.
(c) Use of Grant Funds.--Funds received by a State under this
section may be provided to entities including nursing homes, labor
management partnerships, and educational institutions, and may be used
for any or all of the following purposes:
(1) To enable a nursing home to recruit additional nursing
staff or to retain existing nursing staff (including through
the use of reasonable financial incentives or reasonable
benefit enhancements).
(2) To increase education and training of nursing staff
(including designing or implementing programs to promote the
career advancement of certified nurse aides).
(3) To provide bonuses to nursing homes meeting State
quality standards or avoiding serious quality violations for a
period of one or more years.
(4) Such other nursing home staffing and quality
improvement initiatives as the Secretary of Health and Human
Services may approve.
(d) Distribution of Funds.--
(1) In general.--Subject to subsection (b), in awarding
grants under this section, the Secretary of Health and Human
Services shall award no more than 25 percent of the funds to
States in which, as of the date of the enactment of this
section, skilled nursing facilities and nursing facilities have
reached or exceeded the minimum staff level specified in
paragraph (2) (as determined by the Secretary).
(2) Minimum nursing home staff level.--
(A) In general.--Subject to subparagraph (B), for
purposes of subsection (b) and paragraph (1), the level
specified in this paragraph for a skilled nursing
facility or nursing facility is a staff level
sufficient to ensure that each resident receives from a
certified nurse aide at least two hours per day of
direct care (including repositioning the resident and
changing wet clothes, assisting with feeding, exercise,
and toileting, and working to enhance a resident's
independence with respect to activities of daily
living).
(B) Secretary's authority to increase minimum staff
level.--The Secretary of Health and Human Services may
establish a minimum staff level that is higher than
that specified in subparagraph (A). Any such revised
staff level shall be effective no earlier than six
months after the date on which Secretary provides
notice to States of the new requirement.
(3) Multi-year grant funds.--The Secretary of Health and
Human Services shall award any multi-year grant under this
section from amounts appropriated (or available pursuant to
subsection (e)(2)) for the first fiscal year of the grant.
(e) Appropriations and Availability of Civil Money Penalty (CMP)
Collections.--
(1) Appropriations.--There are appropriated to the
Secretary of Health and Human Services, out of any money in the
Treasury not otherwise appropriated, for all costs for carrying
out the program under this section $200,000,000 for each of
fiscal years 2001 through 2005, such funds to remain available
to the Secretary through the end of the first succeeding fiscal
year.
(2) Availability of cmp collections.--In addition to the
amounts appropriated pursuant to paragraph (1), there shall be
available to the Secretary of Health and Human Services for
such costs for such fiscal years any amounts deposited in the
Nursing Facility Civil Money Penalties Collection Account
established under section 4.
SEC. 3. ENHANCED NURSING FACILITY REPORTING REQUIREMENTS.
(a) Medicare.--
(1) Submission of nursing staff level data to the
secretary.--Section 1819(b) of the Social Security Act (42
U.S.C. 1395i-3(b)), as amended by section 941(a) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (as enacted into law by section 1(a)(6)
of Public Law 106-554), is amended by adding at the end the
following new paragraph:
``(9) Data on staffing levels.--
``(A) Submission to secretary.--A skilled nursing
facility shall submit to the Secretary, in such form
and manner and at such intervals as the Secretary may
require, data with respect to nursing staff of the
facility. Such data shall include the total number of
nursing staff hours furnished during the period
specified by the Secretary (including totals for each
shift worked during such period) by the facility to
residents for which payment is made under section 1888(e), broken down
by total certified nurse aide hours, total licensed practical or
vocational nurse hours, and total registered nurse hours, and shall
also include the average wage rate for each class of nursing staff
employed by the facility.
``(B) Publication.--The Secretary shall provide for
the publication on the Internet site of the Department
of Health and Human Services known as Nursing Home
Compare the facility-specific nursing staff information
collected pursuant to subparagraph (A). The Secretary
shall update such information periodically.''.
(2) Posting of information on nursing facility staffing.--
Section 1819(b)(8)(A) of the Social Security Act (42 U.S.C.
1395i-3(b)(8)(A)), as added by such section 941(a), is amended
by striking ``for each shift'' and inserting ``for each nursing
unit of the facility and for each shift''.
(3) Information concerning patient classification.--Section
1819(b)(4)(C) of the Social Security Act (42 U.S.C. 1395i-
3(b)(4)(C)) is amended by adding at the end the following new
clause:
``(iii) Information concerning residents.--
The skilled nursing facility shall provide the
Secretary, in such form and manner and at such
intervals as the Secretary may require, a
classification of all residents of the skilled
nursing facility that accords with the patient
classification system described in section
1888(e)(4)(G)(i), or such successor system as
the Secretary may identify.''.
(b) Medicaid.--
(1) In general.--Section 1919(b) of the Social Security Act
(42 U.S.C. 1396r(b)), as amended by section 941(b) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (as enacted into law by section 1(a)(6)
of Public Law 106-554), is amended by adding at the end the
following new paragraph:
``(9) Data on staffing levels.--
``(A) Submission to secretary.--A nursing facility
shall submit to the Secretary, in such form and manner
and at such intervals as the Secretary may require,
data with respect to nursing staff of the facility.
Such data shall include the total number of nursing
staff hours furnished during the period specified by
the Secretary (including totals for each shift worked
during such period) by the facility to residents for
which payment is made under this title, broken down by
total certified nurse aide hours, total licensed
practical or vocational nurse hours, and total
registered nurse hours, and shall also include the
average wage rate for each class of nursing staff
employed by the facility.
``(B) Publication.--The Secretary shall provide for
the publication on the Internet Site of the Department
of Health and Human Services known as Nursing Home
Compare the facility-specific nursing staff information
collected pursuant to subparagraph (A). The Secretary
shall update such information periodically.''.
(2) Posting of information on nursing facility staffing.--
Section 1919(b)(8)(A) of the Social Security Act (42 U.S.C.
1396r(b)(8)(A)), as added by such section 941(b), is amended by
striking ``for each shift'' and inserting ``for each nursing
unit of the facility and for each shift''.
(3) Information concerning patient classification.--Section
1919(b)(4)(C) of the Social Security Act (42 U.S.C.
1396r(b)(4)(C)) is amended by adding at the end the following
new clause:
``(iv) Information concerning residents.--
The nursing facility shall provide the
Secretary, in such form and manner and at such
intervals as the Secretary may require, a
classification of all residents of the nursing
facility that accords with the patient
classification system described in section
1888(e)(4)(G)(i), or such successor system as
the Secretary may identify.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 4. NURSING FACILITY CIVIL MONEY PENALTY COLLECTIONS.
(a) Establishment of Nursing Facility Civil Money Penalty
Collections Account.--Section 1128A of the Social Security Act (42
U.S.C. 1320a-7a) is amended by adding at the end the following new
subsection:
``(o) Establishment of Nursing Facility Civil Money Penalty
Collections Account.--There is hereby established an account to be
known as the `Nursing Facility Civil Money Penalties Collection
Account' (hereafter in this subsection referred to as the `Account').
Notwithstanding any other provision of law, there shall be deposited
into the Account the Secretary's share of any civil monetary penalties
collected under sections 1819 and 1919, all such amounts to be
available without fiscal year limitation for repaying the Secretary's
share of amounts owed to skilled nursing facilities or nursing
facilities pursuant to the final sentence of sections 1819(h)(2)(B)(ii)
and 1919(h)(2)(B)(ii), and for awarding grants under section 2 of the
Nursing Home Staffing and Quality Improvement Act of 2000.''.
(b) Authority To Collect CMPs Immediately.--
(1) Medicare.--Section 1819(h)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 1395i-3(h)(2)(B)(ii)) is amended by
inserting before the final period ``, except that,
notwithstanding section 1128A(c)(2) or any other provision of
law, the Secretary, upon determining that a civil money penalty
should be imposed against a skilled nursing facility pursuant
to this paragraph, shall take immediate action to collect such
penalty (except where the Secretary finds that such action
could jeopardize the health or welfare of residents of the
skilled nursing facility). In collecting such penalty, the
Secretary may deduct the amount of the penalty from amounts
otherwise payable to the facility under this title or take such
other actions as the Secretary considers appropriate. If the
Secretary's imposition of a penalty under this paragraph is set
aside, in whole or in part, as a result of a hearing under
section 1128A(c)(2) (or an appeal therefrom) or by a court of
competent jurisdiction, and the Secretary elects not to pursue
an appeal of such judgment; or has exhausted all appeals, the
Secretary shall repay any amount owed to the skilled nursing
facility with accrued interest''.
(2) Medicaid.--Section 1919(h)(3)(B)(ii) of the Social
Security Act (42 U.S.C. 1396r(h)(3)(B)(ii)) is amended by
inserting before the final period ``, except that,
notwithstanding section 1128A(c)(2) or any other provision of
law, the Secretary, upon determining that a civil money penalty
should be imposed against a nursing facility pursuant to this
paragraph, shall take immediate action to collect the penalty
(except where the Secretary finds that such action could
jeopardize the health or welfare of residents of the nursing
facility). In collecting such penalty, the Secretary may direct
the State to deduct the amount of the penalty from amounts
otherwise payable to the nursing facility under this title or
take such other actions as the Secretary, in consultation with
the State, considers appropriate. If the Secretary's imposition
of a penalty under this paragraph is set aside, in whole or in
part, as a result of a hearing under section 1128A(c)(2) (or an
appeal therefrom) or by a court of competent jurisdiction, and
the Secretary elects not to pursue an appeal of such judgment,
or has exhausted all appeals, the Secretary shall repay, or
shall direct the State to repay, any amount owed to the nursing
facility with accrued interest''. | Nursing Home Staffing and Quality Improvement Act of 2001 - Directs the Secretary of Health and Human Services to establish a program of competitive grants to eligible States for the purpose of improving the quality of care furnished in nursing homes operating in the State.Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require skilled nursing facilities and nursing facilities to report to the Secretary on data regarding staffing levels and information regarding patient classification.Amends SSA title XI to establish the Nursing Facility Civil Money Penalties Collection Account to be used for awarding grants under this Act. | To establish a program to provide grants to States to test innovative ways to increase nursing home staff levels, reduce turnover, and improve quality of care for residents in nursing homes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Against Sponsors of
Terrorism Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) International terrorism is a serious and deadly problem
that threatens the vital interests of the United States.
(2) The Constitution confers upon Congress the power to
punish crimes against the law of nations and to carry out the
treaty obligations of the United States, and therefore Congress
may by law impose penalties relating to the provision of
material support to foreign organizations engaged in terrorist
activity, and allow for victims of international terrorism to
recover damages from those who have harmed them.
(3) International terrorism affects the interstate and
foreign commerce of the United States by harming international
trade and market stability, and limiting international travel
by United States citizens as well as foreign visitors to the
United States.
(4) Some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds
outside the United States for conduct directed and targeted at
the United States.
(5) Foreign organizations that engage in terrorist activity
are so tainted by their criminal conduct that any contribution
to such an organization facilitates that conduct.
(6) The imposition of civil liability at every point along
the causal chain of terrorism is necessary to deter the flow of
terrorism's lifeblood, money. As recognized by Judge Richard
Posner in Boim v. Holy Land Foundation for Relief and
Development, Nos. 05-1815, 05-1816, 05-1821, 05-1822, _ F.3d _
(7th Cir. 2008) (en banc), ``Damages are a less effective
remedy against terrorists and their organizations than against
their financial angels . . . suits against financiers of
terrorism can cut the terrorists' lifeline.'' Moreover, the
statute of limitations for such claims must be extensive for
such claims, for as the Seventh Circuit notes, ``Seed money for
terrorism can sprout acts of violence long after the
investment''.
(7) The reasoning and decision of the United States Court
of Appeals for the Second Circuit in In Re: Terrorists Attacks
on September 11, 2001, 538 F.3d 71 (2d Cir. 2008) undermine
important counter-terrorism policies of the United States, by
affording undue protection from civil liability to persons,
entities and states that provide material support or resources
to foreign terrorist organizations, and by depriving victims of
international terrorism of meaningful access to court to seek
redress for their injuries.
(8) Persons, entities or states 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 United States nationals 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 haled into court in the
United States to answer for such activities.
(9) 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 court to
pursue civil claims against persons, entities, or states 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 fullest possible basis, consistent with the Constitution, to
seek relief against persons, entities and foreign states, wherever
acting and wherever they may be found, which have provided material
support or resources, directly or indirectly, to foreign organizations
that engage in terrorist activities.
SEC. 3. FOREIGN SOVEREIGN IMMUNITY.
(a) Exceptions.--Section 1605(a)(5) of title 28, United States
Code, is amended--
(1) in the matter before subparagraph (A), by--
(A) inserting ``in tort'' after ``in which money
damages are sought'';
(B) inserting ``regardless of where the underlying
tortious act or omission is committed, and to include
without limitation any tort claim in relation to an act
of extrajudicial killing, aircraft sabotage, hostage
taking, terrorism, or the provision of material support
or resources (as defined in section 2339A of title 18)
for such an act, or any claim for contribution or
indemnity in relation to a claim arising from such an
act,'' after ``United States''; and
(C) striking ``and caused by the tortious act or
omission of that foreign state or of any official or
employee of that foreign state while acting within the
scope of his office or employment''; and
(2) in subparagraph (A), by inserting ``, subject to the
limitations of international and other governing law and
fundamental precepts of humanity,'' after ``function''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply retroactively to--
(1) all proceedings pending in any court at the date of
enactment of this Act as provided in subsection (c) and
commenced after the date of enactment of this Act; and
(2) dismissed actions as provided in subsection (d).
(c) Pending Actions.--With respect to any action that--
(1) was brought under section 1605(a)(5) of title 28,
United States Code, before the date of the enactment of this
Act;
(2) relied upon said provision as establishing subject
matter jurisdiction; and
(3) as of such date of enactment, is before the courts in
any form, including on appeal or motion under rule 60(b) of the
Federal Rules of Civil Procedure;
that action shall, on motion made by plaintiffs to the court where the
action is then pending, be given effect as if the action had originally
been filed under section 1605(a)(5) of title 28, United States Code, as
amended by this Act.
(d) Dismissed Actions.--With respect to any action that--
(1) was brought under section 1605(a)(5) of title 28,
United States Code, before the date of the enactment of this
Act;
(2) relied upon said provision as establishing subject
matter jurisdiction; and
(3) has been finally dismissed on the grounds that said
provision did not provide a basis for subject matter
jurisdiction in relation to claims arising from an act of
terrorism;
that action shall, on motion made by plaintiffs to the United States
district court where the action was originally filed, be reinstated.
SEC. 4. JURISDICTION OVER FOREIGN STATES FOR ACTIONS OF FOREIGN
OFFICIALS.
(a) In General.--Section 1604 of title 28, United States Code, is
amended by inserting at the end the following:
``Except as provided under section 1605A, any claim based on an act
or omission of an official or employee of a foreign state or of an
official or employee of an organ of a foreign state, while acting
within the scope of his office or employment, shall be asserted against
the foreign state or organ of the foreign state.''.
(b) Effective Date.--The amendment made by this section shall apply
to all proceedings commenced after the date of enactment of this Act.
SEC. 5. AIDING AND ABETTING LIABILITY UNDER THE ANTI-TERRORISM ACT OF
1991.
(a) In General.--Section 2333 of title 18, United States Code, is
amended by adding at the end the following:
``(d) Liability.--In a suit arising under subsection (a) of this
section, liability may be asserted as to the person or persons who
committed such act of international terrorism or any person or entity
that aided, abetted, provided material support or resources (as defined
in Section 2339A(b)(1) of this title) to, or conspired with the person
or persons who committed such an act of international terrorism.
``(e) Non-Applicability of Doctrine of Claim Preclusion.--Any
action that seeks recovery under this chapter, as amended, for conduct
that was the basis of a previous suit dismissed for lack of subject
matter jurisdiction under the Foreign Sovereign Immunities Act (28
U.S.C. 1330, 1602 et seq.), shall not, to that extent, be subject to
dismissal under the doctrine of claim preclusion.''.
(b) Effective Date.--This amendment shall apply retroactively to
all proceedings pending in any form on the date of enactment of this
Act and to all proceedings commenced after the date of enactment of
this Act.
SEC. 6. JURISDICTION UNDER THE ANTI-TERRORISM ACT OF 1991.
(a) In General.--Section 2334 of title 18, United States Code, is
amended by inserting at the end the following:
``(e) Jurisdiction.--The district courts shall have personal
jurisdiction, to the maximum extent permissible under the Fifth
Amendment of the United States Constitution, over any person who aids
and abets an act of international terrorism or who provides material
support or resources as set forth in sections 2339A, 2339B, or 2339C of
this title, for acts of international terrorism in which any national
of the United States suffers injury in his or her person, property or
business by reason of such an act in violation of section 2333 of this
title.''.
(b) Effective Date.--The amendment made by this section shall apply
retroactively to all proceedings pending in any form at on date of
enactment of this Act and to all proceedings commenced after the date
of enactment of this Act.
SEC. 7. LIABILITY FOR GOVERNMENT OFFICIALS UNDER THE ANTI-TERRORISM ACT
OF 1991.
(a) In General.--Section 2337 of title 18, United States Code, is
amended to read as follows:
``SEC. 2337. SUITS AGAINST GOVERNMENT OFFICIALS.
``No action shall be maintained under section 2333 of this title
against the United States, an agency of the United States, or an
officer or employee of the United States or any agency thereof acting
within his or her official capacity or under color of legal
authority.''.
(b) Effective Date.--The amendment made by this section shall apply
retroactively to all proceedings pending in any form on the date of
enactment of this Act and to all proceedings commenced after the date
of enactment of this Act.
SEC. 8. STATUTE OF LIMITATIONS UNDER THE ANTI-TERRORISM ACT OF 1991.
(a) In General.--Section 2335 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``four years'' and
inserting ``10 years''; and
(2) in subsection (b), by striking ``four years'' and
inserting ``10 years''.
(b) Effective Date.--The amendment made by this section shall apply
retroactively to all proceedings pending in any form on the date of
enactment of this Act and to all proceedings commenced after the date
of enactment of this Act.
(c) Effect on Dismissed Causes of Action.--Any private civil action
arising from a violation of the Anti-Terrorism Act of 1991--
(1) that was dismissed as time barred prior to the date of
enactment of this Act; and
(2) which would have been timely filed pursuant to section
2335 of title 18, United States Code, as amended by this
section, may be refiled not later than 90 days after the date
of enactment of this Act.
SEC. 9. SEVERABILITY.
If any provision of this Act or the amendments made by this Act or
the application thereof to any person or circumstance is held invalid,
the remainder of this Act, the amendments made by this Act, or the
application thereof to other persons not similarly situated or to other
circumstances shall not be affected by such invalidation. | Justice Against Sponsors of Terrorism Act - Amends the federal judicial code to: (1) expand the liability of foreign states for tortious acts committed against U.S. citizens during a terrorist act and allow civil actions against a foreign state that are now pending or that were dismissed to proceed in accordance with such expanded liability; and (2) impose liability on a foreign state for the acts or omissions of its officials or employees while acting within the scope of their office or employment.
Amends the federal criminal code to: (1) impose liability on any person who aids and abets an act of international terrorism, provides material support or resources to terrorist organizations, or conspires with terrorists; (2) grant U.S. district courts personal jurisdiction over such persons; (3) remove the prohibition against bringing a civil action against foreign states or foreign officials for damages related to acts of terrorism; (4) extend from 4 to 10 years the limitation period for bringing an action for civil damages resulting from an act of international terrorism; and (5) allow previously time-barred cases to be refiled within 90 days of the enactment of this Act. | A bill to deter terrorism, provide justice for victims, and for other purposes. |
SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF THERMAL TRANSFER
MULTIFUNCTION MACHINES.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law and subject to the
provisions of subsection (b), the United States Customs Service shall,
not later than 180 days after the receipt of the request described in
subsection (b), liquidate or reliquidate each entry described in
subsection (d) containing any merchandise which, at the time of the
original liquidation, was classified under subheading 8517.21.00 of the
Harmonized Tariff Schedule of the United States (relating to indirect
electrostatic copiers) or subheading 9002.12.00 of such Schedule
(relating to indirect electrostatic copiers), at the rate of duty that
would have been applicable to such merchandise if the merchandise had
been liquidated or reliquidated under subheading 8571.60.65 of the
Harmonized Tariff Schedule of the United States (relating to other
automated data processing (ADP) thermal transfer printer units) on the
date of entry.
(b) Requests.--Reliquidation may be made under subsection (a) with
respect to an entry described in subsection (d) only if a request
therefor is filed with the Customs Service within 90 days after the
date of enactment of this Act and the request contains sufficient
information to enable the Customs Service to locate the entry or
reconstruct the entry if it cannot be located.
(c) Payment of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry under
subsection (a) shall be paid not later than 180 days after the date of
such liquidation or reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a),
filed at the port of Los Angeles, are as follows:
------------------------------------------------------------------------
Date of Entry Entry Number Liquidation Date
------------------------------------------------------------------------
01/17/97 112-9638417-3 02/21/97
01/10/97 112-9637684-9 03/07/97
01/03/97 112-9636723-6 04/18/97
01/07/97 112-9637561-9 04/25/97
01/10/97 112-9637686-4 03/07/97
02/21/97 112-9642157-9 09/12/97
02/14/97 112-9641619-9 06/06/97
02/14/97 112-9641693-4 06/06/97
02/21/97 112-9642156-1 09/12/97
02/28/97 112-9643326-9 09/12/97
03/18/97 112-9645336-6 09/19/97
03/21/97 112-9645682-3 09/19/97
03/21/97 112-9645681-5 09/19/97
03/21/97 112-9645698-9 09/19/97
03/14/97 112-9645026-3 09/19/97
03/14/97 112-9645041-2 09/19/97
03/20/97 112-9646075-9 09/19/97
03/14/97 112-9645026-3 09/19/97
04/04/97 112-9647309-1 09/19/97
04/04/97 112-9647312-5 09/19/97
04/04/97 112-9647316-6 09/19/97
04/11/97 112-9300151-5 10/31/97
04/11/97 112-9300287-7 09/26/97
04/11/97 112-9300308-1 02/20/98
04/10/97 112-9300356-0 09/26/97
04/16/97 112-9301387-4 09/26/97
04/22/97 112-9301602-6 09/26/97
04/18/97 112-9301627-3 09/26/97
04/21/97 112-9301615-8 09/26/97
04/25/97 112-9302445-9 10/31/97
04/25/97 112-9302298-2 09/26/97
04/25/97 112-9302205-7 09/26/97
04/04/97 112-9302371-7 09/26/97
05/26/97 112-9305730-1 09/26/97
05/21/97 112-9305527-1 09/26/97
05/30/97 112-9306718-5 09/26/97
05/19/97 112-9304958-9 09/26/97
05/16/97 112-9305030-6 09/26/97
05/07/97 112-9303702-2 09/26/97
05/09/97 112-9303707-1 09/26/97
05/10/97 112-9304256-8 09/26/97
05/31/97 112-9306470-3 09/26/97
05/02/97 112-9302717-1 09/19/97
06/20/97 112-9308793-6 09/26/97
06/18/97 112-9308717-5 09/26/97
06/16/97 112-9308538-5 09/26/97
06/09/97 112-9307568-3 09/26/97
06/06/97 112-9307144-3 09/26/97
------------------------------------------------------------------------ | Directs the U.S. Customs Service, upon request, to liquidate or reliquidate (refund duty on) certain entries (filed at the port of Los Angeles) of indirect electrostatic copiers at the rate of duty that would have been applicable to such merchandise if they had been liquidated or reliquidated at a duty rate applicable to other automated data processing (ADP) thermal transfer printer units on the date of entry. | A bill to provide for the reliquidation of certain entries of certain thermal transfer multifunction machines. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Minority and Women
Representation in NIH Medical Research Act of 2016''.
SEC. 2. COLLABORATION TO ENHANCE DIVERSITY IN CLINICAL RESEARCH.
Section 402(b) of the Public Health Service Act (42 U.S.C. 282(b))
is amended--
(1) by amending paragraph (4) to read as follows:
``(4) shall assemble accurate data to be used to assess
research priorities, including--
``(A) information to better evaluate scientific
opportunity, public health burdens, and progress in
reducing health disparities; and
``(B) data on study populations of clinical
research, funded by or conducted at each national
research institute and national center, which--
``(i) specifies the inclusion of--
``(I) women;
``(II) members of minority groups;
``(III) relevant age categories;
and
``(IV) other demographic variables
determined to be necessary by the
Director of NIH;
``(ii) is disaggregated by research area,
condition, and disease categories; and
``(iii) is to be made publicly available on
the Internet website of the National Institutes
of Health;''; and
(2) in paragraph (8)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) foster collaboration between clinical
research projects funded by the respective national
research institutes and national centers that--
``(i) conduct research involving human
subjects; and
``(ii) collect similar data; and
``(D) encourage the collaboration described in
subparagraph (C) to--
``(i) allow for an increase in the number
of subjects studied; and
``(ii) utilize diverse study populations,
with special consideration to biological,
social, and other determinants of health that
contribute to health disparities;''.
SEC. 3. PROMOTING INCLUSION IN CLINICAL RESEARCH.
(a) Strategic Plan.--Section 492B(a) of the Public Health Service
Act (42 U.S.C. 289a-2(a)) is amended by adding at the end the
following:
``(3) Strategic planning.--
``(A) In general.--The directors of the national
institutes and national centers shall consult at least
once annually with the Director of the National
Institute on Minority Health and Health Disparities and
the Director of the Office of Research on Women's
Health regarding objectives of the national institutes
and national centers to ensure that future activities
by such institutes and centers take into account women
and minorities and are focused on reducing health
disparities.
``(B) Strategic plans.--Any strategic plan issued
by a national institute or national center shall
include details on the objectives described in
subparagraph (A).''.
(b) Clarification of Requirements.--Section 492B(c) of the Public
Health Service Act (42 U.S.C. 289a-2(c)) is amended--
(1) by striking ``In the case'' and inserting the
following:
``(1) In general.--In the case''; and
(2) by adding at the end the following:
``(2) Reporting requirements.--For any new and competing
project of clinical research subject to the requirements under
this section that receives a grant award 1 year after the date
of enactment of the Enhancing Minority and Women Representation
in NIH Medical Research Act of 2016, or any date thereafter,
for which a valid analysis is provided under paragraph (1)--
``(A) and which is an applicable clinical trial as
defined in section 402(j), the entity conducting such
clinical research shall submit the results of such
valid analysis to the clinical trial registry data bank
expanded under 402(j)(3), and the Director of NIH
shall, as appropriate, consider whether such entity has
complied with the reporting requirement described in
this subparagraph in awarding any future grant to such
entity, including pursuant to section 402(j)(5)(A)(ii)
when applicable; and
``(B) the Director of NIH shall encourage the
reporting of the results of such valid analysis
described in paragraph (1) through any additional means
determined appropriate by the Director.''.
(c) Reporting.--Section 492B(f) of the Public Health Service Act
(42 U.S.C. 289a-2(f)) is amended--
(1) by striking ``biennial'' each place such term appears
and inserting ``triennial'' in each such place;
(2) by striking ``The advisory council'' and inserting the
following:
``(1) In general.--The advisory council''; and
(3) by adding at the end the following:
``(2) Contents.--Each triennial report prepared by an
advisory council of each national research institute as
described in paragraph (1) shall include each of the following:
``(A) The number of women included as subjects, and
the proportion of subjects that are women, in any
project of clinical research conducted during the
applicable reporting period, disaggregated by
categories of research area, condition, or disease, and
accounting for single-sex studies.
``(B) The number of members of minority groups
included as subjects, and the proportion of subjects
that are members of minority groups, in any project of
clinical research conducted during the applicable
reporting period, disaggregated by categories of
research area, condition, or disease and accounting for
single-race and single-ethnicity studies.
``(C) For the applicable reporting period, the
number of projects of clinical research that include
women and members of minority groups and that--
``(i) have been completed during such
reporting period; and
``(ii) are being carried out during such
reporting period and have not been completed.
``(D) The number of studies completed during the
applicable reporting period for which reporting has
been submitted in accordance with subsection
(c)(2)(A).''.
(d) Coordination.--Section 486(c)(2) of the Public Health Service
Act (42 U.S.C. 287d(c)(2)) is amended by striking ``designees'' and
inserting ``senior-level staff designees''.
SEC. 4. IMPROVING COORDINATION RELATED TO MINORITY HEALTH AND HEALTH
DISPARITIES.
Section 464z-3 of the Public Health Service Act (42 U.S.C. 285t) is
amended--
(1) by redesignating subsection (h), relating to
interagency coordination, that follows subsection (j) as
subsection (k); and
(2) in subsection (k) (as so redesignated)--
(A) in the subsection heading, by striking
``Interagency'' and inserting ``Intra-NIH'';
(B) by striking ``as the primary Federal
officials'' and inserting ``as the primary Federal
official'';
(C) by inserting a comma after ``review'';
(D) by striking ``Institutes and Centers of the
National Institutes of Health'' and inserting
``national research institutes and national centers'';
and
(E) by adding at the end the following: ``The
Director of the Institute may foster partnerships
between the national research institutes and national
centers and may encourage the funding of collaborative
research projects to achieve the goals of the National
Institutes of Health that are related to minority
health and health disparities.''.
SEC. 5. WOMEN AND MINORITIES IN RESEARCH.
(a) Basic Research.--
(1) Developing policies.--Not later than 2 years after the
date of enactment of this Act, the Director of the National
Institutes of Health (referred to in this section as the
``Director of NIH'') shall develop policies for projects of
basic research funded by National Institutes of Health to
assess--
(A) relevant biological variables including sex, as
appropriate; and
(B) how differences between male and female cells,
tissues, or animals may be examined and analyzed.
(2) Revising policies.--The Director of NIH may update or
revise the policies developed under paragraph (1) as
appropriate.
(3) Consultation and outreach.--In developing, updating, or
revising the policies under this section, the Director of NIH--
(A) shall consult with--
(i) the Office of Research on Women's
Health;
(ii) the Office of Laboratory Animal
Welfare; and
(iii) appropriate members of the scientific
and academic communities; and
(B) shall conduct outreach to solicit feedback from
members of the scientific and academic communities on
the influence of sex as a variable in basic research,
including feedback on when it is appropriate for
projects of basic research involving cells, tissues, or
animals to include both male and female cells, tissues,
or animals.
(4) Additional requirements.--The Director of NIH shall--
(A) ensure that projects of basic research funded
by the National Institutes of Health are conducted in
accordance with the policies developed, updated, or
revised under this section, as applicable; and
(B) encourage that the results of such research,
when published or reported, be disaggregated as
appropriate with respect to the analysis of any sex
differences.
(b) Clinical Research.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director of NIH, in consultation
with the Director of the Office of Research on Women's Health
and the Director of the National Institute on Minority Health
and Health Disparities, shall update the guidelines established
under section 492B(d) of the Public Health Service Act (42
U.S.C. 289a-2(d)) in accordance with paragraph (2).
(2) Requirements.--The updated guidelines described in
paragraph (1) shall--
(A) reflect the science regarding sex differences;
(B) improve adherence to the requirements under
section 492B of the Public Health Service Act (42
U.S.C. 289a-2), including the reporting requirements
under subsection (f) of such section; and
(C) clarify the circumstances under which studies
should be designed to support the conduct of analyses
to detect significant differences in the intervention
effect due to demographic factors related to section
492B of the Public Health Service Act, including in the
absence of prior studies that demonstrate a difference
in study outcomes on the basis of such factors and
considering the effects of the absence of such analyses
on the availability of data related to demographic
differences. | Enhancing Minority and Women Representation in NIH Medical Research Act of 2016 This bill amends the Public Health Service Act to require the National Institutes of Health (NIH), in assessing research priorities, to publish data on certain clinical research study populations. The NIH must foster collaboration among clinical research projects that use human subjects and that collect similar data to increase the number and diversity of subjects. The strategic plans of the national research institutes must ensure that future activities take into account women and minorities and are focused on reducing health disparities. Advisory council reports must include certain demographic data for clinical research subjects. The results of NIH-funded clinical trials that include women and minorities must be submitted to NIH's clinical trial data bank. The National Institute on Minority Health and Health Disparities may foster partnerships among the national research institutes and encourage the funding of collaborative research projects to achieve NIH goals related to minority health and health disparities. The NIH must develop policies for NIH-funded basic research projects to assess how differences between male and female cells, tissues, or animals may be examined and analyzed. | Enhancing Minority and Women Representation in NIH Medical Research Act of 2016 |
SECTION 1. TEMPORARY 4.3-CENT REDUCTION IN CERTAIN FUEL TAX RATES.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline and diesel fuel) is amended
by adding at the end the following new subsection:
``(f) Temporary 4.3-Cent Reduction in Certain Fuel Tax Rates.--
``(1) In general.--During the temporary rate reduction
period, each rate of tax referred to in paragraph (2) shall be
reduced by 4.3 cents per gallon.
``(2) Rate of tax.--The rates of tax referred to in this
paragraph are--
``(A) each rate of tax under subsection (a)(2)(A)
(relating to gasoline and diesel fuel),
``(B) each rate of tax under paragraph (1) or (2)
of section 4041(a) (relating to diesel fuel and special
fuels), and
``(C) the rate of tax under section
4041(m)(1)(A)(i) (relating to certain methanol or
ethanol fuels).
``(3) Comparable treatment for compressed natural gas.--No
tax shall be imposed by section 4041(a)(3) on any sale or use
during the temporary rate reduction period.
``(4) Comparable treatment under certain refund rules.--In
the case of fuel on which tax is imposed during the temporary
rate reduction period, each of the rates specified in sections
6421(f)(3)(B)(ii), 6427(b)(2)(A), and 6427(l)(3)(B)(ii) shall
be reduced by 4.3 cents per gallon.
``(5) Coordination with highway trust fund deposits.--In
the case of fuel on which tax is imposed during the temporary
rate reduction period, each of the rates specified in
subparagraphs (A)(i) and (C)(i) of section 9503(f)(3) shall be
reduced by 4.3 cents per gallon.
``(6) Temporary rate reduction period.--For purposes of
this subsection, the term `temporary rate reduction period'
means the period after the date of the enactment of this
subsection and before January 1, 1997.''
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 2. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the date of the enactment of this Act, tax has
been imposed under section 4081 of the Internal Revenue Code of
1986 on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on such date.
(b) Time For Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the date of
the enactment of this Act, based on a request submitted to the
taxpayer before the date which is 3 months after such date of
enactment, by the dealer who held the liquid on such date of
enactment, and
(2) the taxpayer has repaid or agreed to repay the amount
so claimed to such dealer or has obtained the written consent
of such dealer to the allowance of the credit or the making of
the refund.
(c) Exception For Fuel Held In Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section, the terms
``dealer'' and ``held by a dealer'' have the respective meanings given
to such terms by section 6412 of such Code.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 3. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of gasoline or diesel fuel on
which tax was imposed under section 4081 of the Internal Revenue Code
of 1986 before January 1, 1997, and which is held on such date by any
person, there is hereby imposed a floor stocks tax of 4.3 cents per
gallon.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding gasoline or diesel
fuel on January 1, 1997, to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before June 30, 1997.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--Gasoline and diesel fuel shall be
considered as ``held by a person'' if title thereto has passed
to such person (whether or not delivery to the person has been made).
(2) Gasoline and diesel fuel.--The terms ``gasoline'' and
diesel fuel have the respective meanings given such terms by
section 4082 of such Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to gasoline or diesel fuel held by any person
exclusively for any use to the extent a credit or refund of the tax
imposed by section 4081 of such Code is allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on gasoline or diesel fuel held in the tank
of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on January 1, 1997, by any
person if the aggregate amount of gasoline held by such
person on such date does not exceed 4,000 gallons, and
(B) on diesel fuel held on such date by any person
if the aggregate amount of diesel fuel held by such
person on such date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
of such Code shall, insofar as applicable and not inconsistent with the
provisions of this subsection, apply with respect to the floor stock
taxes imposed by subsection (a) to the same extent as if such taxes
were imposed by such section 4081.
SEC. 4. REPEAL OF BENEFITS FOR ALCOHOL FUELS.
(a) Repeal of Alcohol Fuels Credit.--
(1) In general.--Section 40 of the Internal Revenue Code of
1986 (relating to alcohol used as fuel) is hereby repealed.
(2) Conforming amendments.--
(A) Subsection (b) of section 38 of such Code is
amended by striking paragraph (3) and by redesignating
paragraphs (4) through (8) as paragraphs (3) through
(7), respectively.
(B) Section 87 of such Code is hereby repealed.
(C) Subsection (c) of section 196 of such Code is
amended by striking paragraph (3) and by redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively.
(D) Subsection (n) of section 6501 of such Code is
amended by striking ``40(f)''.
(E) The table of sections for subpart D of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 40.
(F) The table of sections for part II of subchapter
B of chapter 1 of such Code is amended by striking the
item relating to section 87.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act
(b) Repeal of Reduced Fuel Tax Rates.--
(1) Gasoline and diesel fuel.--Section 4081 of such Code is
amended by striking subsection (c) and by redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively.
(2) Aviation fuel.--Section 4091 of such Code is amended by
striking subsection (c).
(3) Special motor fuels.--
(A) Section 4041 of such Code is amended by
striking subsections (k) and (m).
(B) Subsection (b) of section 4041 of such Code is
amended by striking paragraph (2).
(4) Conforming amendments.--
(A) Section 6427 of such Code is amended by
striking subsection (f).
(B) Subsection (i) of section 6427 of such Code is
amended by striking paragraph (3) and by redesignating
paragraph (4) as paragraph (3).
(C)(i) Subsection (e) of section 9502 of such Code
is amended by striking paragraph (2).
(ii) Subsection (f) of section 9502 of such Code is
amended by striking paragraph (2) and by redesignating
paragraph (3) as paragraph (2).--
(D) Subsection (f) of section 9503 of such Code is
amended by striking paragraph (3) and by redesignating
paragraph (4) as paragraph (3).
(5) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to reduce, from the date of enactment of this Act until January 1, 1997, the rate of tax on gasoline, diesel fuel, special motor fuels, certain alcohol fuels, and compressed natural gas. Modifies, for taxes paid during that period: (1) refund rates for gasoline used in trains and certain buses and diesel fuel used in trains; and (2) rates regarding alcohol fuels in provisions defining the Highway Trust Fund financing rate. Provides for the treatment of gasoline or diesel fuel floor stocks. Repeals provisions allowing a credit for alcohol fuels. Removes provisions relating to: (1) taxable fuels mixed with alcohol; (2) a reduced rate of tax for aviation fuel mixed with alcohol; and (3) fuels containing alcohol and certain alcohol fuels. | To amend the Internal Revenue Code of 1986 to provide a temporary suspension of 4.3 cents per gallon in the rates of tax on gasoline and diesel fuel. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Remediation Research
Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Methamphetamine use and production is growing rapidly
throughout the United States.
(2) Some materials and chemical residues remaining from the
production of methamphetamine pose novel environmental problems
in locations where methamphetamine laboratories have been
closed.
(3) There has been little standardization of measures for
determining when the site of a former methamphetamine
laboratory has been successfully remediated.
(4) Initial cleanup actions are generally limited to
removal of hazardous substances and contaminated materials that
pose an immediate threat to public health or the environment.
It is not uncommon for significant levels of contamination to
be found throughout residential structures where
methamphetamine has been manufactured, partially because of a
lack of knowledge of how to achieve an effective cleanup.
(5) Data on methamphetamine laboratory-related contaminants
of concern are very limited, and uniform cleanup standards do
not currently exist. In addition, procedures for sampling and
analysis of contaminants need to be researched and developed.
(6) Many States are struggling with establishing assessment
and remediation guidelines and programs to address the rapidly
expanding number of methamphetamine laboratories being closed
each year.
SEC. 3. VOLUNTARY GUIDELINES.
(a) Establishment of Voluntary Guidelines.--Not later than one year
after the date of enactment of this Act, the Assistant Administrator
for Research and Development of the Environmental Protection Agency (in
this Act referred to as the ``Assistant Administrator''), in
consultation with the National Institute of Standards and Technology,
shall establish voluntary guidelines, based on the best currently
available scientific knowledge, for the remediation of former
methamphetamine laboratories, including guidelines regarding
preliminary site assessment and the remediation of residual
contaminants.
(b) Considerations.--In developing the voluntary guidelines under
subsection (a), the Assistant Administrator shall consider, at a
minimum--
(1) relevant standards, guidelines, and requirements found
in Federal, State, and local laws and regulations;
(2) the varying types and locations of former
methamphetamine laboratories; and
(3) the expected cost of carrying out any proposed
guidelines.
(c) States.--The voluntary guidelines should be designed to assist
State and local governments in the development and the implementation
of legislation and other policies to apply state-of-the-art knowledge
and research results to the remediation of former methamphetamine
laboratories. The Assistant Administrator shall work with State and
local governments and other relevant non-Federal agencies and
organizations, including through the conference described in section 5,
to promote and encourage the appropriate adoption of the voluntary
guidelines.
(d) Updating the Guidelines.--The Assistant Administrator shall
periodically update the voluntary guidelines as the Assistant
Administrator, in consultation with States and other interested
parties, determines to be necessary and appropriate to incorporate
research findings and other new knowledge.
SEC. 4. RESEARCH PROGRAM.
The Assistant Administrator shall establish a program of research
to support the development and revision of the voluntary guidelines
described in section 3. Such research shall--
(1) identify methamphetamine laboratory-related chemicals
of concern;
(2) assess the types and levels of exposure to chemicals of
concern identified under paragraph (1), including routine and
accidental exposures, that may present a significant risk of
adverse biological effects;
(3) identify the research efforts necessary to better
address biological effects and to minimize adverse human
exposures;
(4) evaluate the performance of various methamphetamine
laboratory cleanup and remediation techniques; and
(5) support other research priorities identified by the
Assistant Administrator in consultation with States and other
interested parties.
SEC. 5. TECHNOLOGY TRANSFER CONFERENCE.
(a) Conference.--Not later than 180 days after the date of
enactment of this Act, and at least every third year thereafter, the
Assistant Administrator shall convene a conference of appropriate State
agencies, as well as individuals or organizations involved in research
and other activities directly related to the environmental, or
biological impacts of former methamphetamine laboratories. The
conference should be a forum for the Assistant Administrator to provide
information on the guidelines developed under section 3 and on the
latest findings from the research program described in section 4, and
for the non-Federal participants to provide information on the problems
and needs of States and localities and their experience with guidelines
developed under section 3.
(b) Report.--Not later than 3 months after each conference, the
Assistant Administrator shall submit a report to the Congress that
summarizes the proceedings of the conference, including a summary of
any recommendations or concerns raised by the non-Federal participants
and how the Assistant Administrator intends to respond to them. The
report shall also be made widely available to the general public.
SEC. 6. RESIDUAL EFFECTS STUDY.
(a) Study.--Not later than 6 months after the date of enactment of
this Act, the Assistant Administrator shall enter into an arrangement
with the National Academy of Sciences for a study of the status and
quality of research on the residual effects of methamphetamine
laboratories. The study shall identify research gaps and recommend an
agenda for the research program described in section 4. The study shall
pay particular attention to the need for research on the impacts of
methamphetamine laboratories on--
(1) the residents of buildings where such laboratories are,
or were, located, with particular emphasis given to biological
impacts on children; and
(2) first responders.
(b) Report.--Not later than 3 months after the completion of the
study, the Assistant Administrator shall transmit to Congress a report
on how the Assistant Administrator will use the results of the study to
carry out the activities described in sections 3 and 4.
SEC. 7. METHAMPHETAMINE DETECTION RESEARCH AND DEVELOPMENT PROGRAM.
The Director of National Institute of Standards and Technology, in
consultation with the Assistant Administrator, shall support a research
program to develop--
(1) new methamphetamine detection technologies, with
emphasis on field test kits and site detection; and
(2) appropriate standard reference materials and validation
procedures for methamphetamine detection testing.
SEC. 8. SAVINGS CLAUSE.
Nothing in this Act shall be construed to add to or limit the
regulatory authority of the Environmental Protection Agency.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Environmental Protection Agency.--There are authorized to be
appropriated to the Environmental Protection Agency to carry out this
Act $3,000,000 for each of the fiscal years 2006 through 2009.
(b) National Institute of Standards and Technology.--There are
authorized to be appropriated to the National Institute of Standards
and Technology to carry out this Act $1,500,000 for each of the fiscal
years 2006 through 2009.
Passed the House of Representatives December 13, 2005.
Attest:
KAREN L. HAAS,
Clerk. | Methamphetamine Remediation Research Act of 2006 - Directs the Administrator of the Environmental Protection Agency, not later than one year after the enactment of this Act, to: (1) establish voluntary guidelines, based on the best available scientific knowledge, for the remediation of former methampehtamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants; (2) consider relevant federal, state, and local requirements in developing the guidelines, the varying types and locations of former methamphetamine laboratories, and the cost of carrying out such guidelines; (3) work with state and local governments and other relevant non-federal agencies in adopting the voluntary guidelines; (4) periodically update such guidelines; and (5) establish a research program to support the development and revision of such guidelines.
Directs the Administrator: (1) not later than 180 days after the date of enactment of this Act and every three years thereafter, to convene a conference of appropriate state agencies, individuals, and organizations involved in research and other activities directly relating to the environmental or biological impact of former methamphetamine laboratories; (2) to submit a report to Congress that summarizes the proceedings of the conference, including a summary of recommendations and concerns of non-federal participants; and (3) to make such report widely available to the general public.
Directs the Administrator to enter into an arrangement with the National Academy of Sciences (NAS) for a study of the status and quality of research on the residual effects of methamphetanmine laboratories and to report to Congress on the uses of such study.
Requires the Director of the National Institute of Standards and Technology to support a research program to develop: (1) new methamphetamine detection technologies, with an emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing.
Authorizes appropriations for FY2007-FY2008. | To provide for a research program for remediation of closed methamphetamine production laboratories, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Safety Act
of 2004''.
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926A the following:
``Sec. 926B. Carrying of concealed firearms by qualified law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
law enforcement officer and who is carrying the identification required
by subsection (d) may carry a concealed firearm that has been shipped
or transported in interstate or foreign commerce, subject to subsection
(b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their property; or
``(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building, base,
or park.
``(c) As used in this section, the term `qualified law enforcement
officer' means an employee of a governmental agency who--
``(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and has
statutory powers of arrest;
``(2) is authorized by the agency to carry a firearm;
``(3) is not the subject of any disciplinary action by the
agency;
``(4) meets standards, if any, established by the agency which
require the employee to regularly qualify in the use of a firearm;
``(5) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
``(6) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is the
photographic identification issued by the governmental agency for which
the individual is employed as a law enforcement officer.
``(e) As used in this section, the term `firearm' does not
include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 921 of this
title); and
``(3) any destructive device (as defined in section 921 of this
title).''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926A the
following:
``926B. Carrying of concealed firearms by qualified law enforcement
officers.''.
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM
STATE LAWS PROHIBITING THE CARRYING OF CONCEALED
FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
further amended by inserting after section 926B the following:
``Sec. 926C. Carrying of concealed firearms by qualified retired law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
retired law enforcement officer and who is carrying the identification
required by subsection (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce, subject to
subsection (b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their property; or
``(2) prohibit or restrict the possession of firearms on any
State or local government property, installation, building, base,
or park.
``(c) As used in this section, the term `qualified retired law
enforcement officer' means an individual who--
``(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons of
mental instability;
``(2) before such retirement, was authorized by law to engage
in or supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for, any
violation of law, and had statutory powers of arrest;
``(3)(A) before such retirement, was regularly employed as a
law enforcement officer for an aggregate of 15 years or more; or
``(B) retired from service with such agency, after completing
any applicable probationary period of such service, due to a
service-connected disability, as determined by such agency;
``(4) has a nonforfeitable right to benefits under the
retirement plan of the agency;
``(5) during the most recent 12-month period, has met, at the
expense of the individual, the State's standards for training and
qualification for active law enforcement officers to carry
firearms;
``(6) is not under the influence of alcohol or another
intoxicating or hallucinatory drug or substance; and
``(7) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is--
``(1) a photographic identification issued by the agency from
which the individual retired from service as a law enforcement
officer that indicates that the individual has, not less recently
than one year before the date the individual is carrying the
concealed firearm, been tested or otherwise found by the agency to
meet the standards established by the agency for training and
qualification for active law enforcement officers to carry a
firearm of the same type as the concealed firearm; or
``(2)(A) a photographic identification issued by the agency
from which the individual retired from service as a law enforcement
officer; and
``(B) a certification issued by the State in which the
individual resides that indicates that the individual has, not less
recently than one year before the date the individual is carrying
the concealed firearm, been tested or otherwise found by the State
to meet the standards established by the State for training and
qualification for active law enforcement officers to carry a
firearm of the same type as the concealed firearm.
``(e) As used in this section, the term `firearm' does not
include--
``(1) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(2) any firearm silencer (as defined in section 921 of this
title); and
``(3) a destructive device (as defined in section 921 of this
title).''.
(b) Clerical Amendment.--The table of sections for such chapter is
further amended by inserting after the item relating to section 926B
the following:
``926C. Carrying of concealed firearms by qualified retired law
enforcement officers.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Law Enforcement Officers Safety Act of 2004 - Amends the Federal criminal code to authorize a qualified law enforcement officer carrying photographic governmental agency identification to carry a concealed firearm, notwithstanding any State or local law. Declares that this provision shall not be construed to supersede or limit the laws of any State that: (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or (2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.
Defines "qualified law enforcement officer" as: (1) a current governmental agency law enforcement officer who is authorized to carry a firearm, who is not the subject of disciplinary action, who meets agency standards which require the employee to regularly qualify in the use of a firearm, and who is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and (2) a retired law enforcement officer who retired in good standing from public agency service, who was regularly employed as a law enforcement officer for at least 15 years, who has a nonforfeitable right to agency retirement benefits, who has met the State's standards for training and qualification for active law enforcement officers to carry firearms during the most recent 12-month period, and who is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
Excludes from the definition of "firearm" any machine-gun, firearm silencer, and destructive device. | To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Judgeship Act of 2003''.
SEC. 2. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY JUDGESHIPS.
The following judgeship positions shall be filled in the manner
prescribed in section 152(a)(1) of title 28, United States Code, for
the appointment of bankruptcy judges provided for in section 152(a)(2)
of such title:
(1) Two additional bankruptcy judgeships for the southern
district of New York.
(2) Four additional bankruptcy judgeships for the district
of Delaware.
(3) One additional bankruptcy judgeship for the district of
New Jersey.
(4) One additional bankruptcy judgeship for the eastern
district of Pennsylvania.
(5) Three additional bankruptcy judgeships for the district
of Maryland.
(6) One additional bankruptcy judgeship for the eastern
district of North Carolina.
(7) One additional bankruptcy judgeship for the district of
South Carolina.
(8) One additional bankruptcy judgeship for the eastern
district of Virginia.
(9) Two additional bankruptcy judgeships for the eastern
district of Michigan.
(10) Two additional bankruptcy judgeships for the western
district of Tennessee.
(11) One additional bankruptcy judgeship for the eastern
and western districts of Arkansas.
(12) Two additional bankruptcy judgeships for the district
of Nevada.
(13) One additional bankruptcy judgeship for the district
of Utah.
(14) Two additional bankruptcy judgeships for the middle
district of Florida.
(15) Two additional bankruptcy judgeships for the southern
district of Florida.
(16) Two additional bankruptcy judgeships for the northern
district of Georgia.
(17) One additional bankruptcy judgeship for the southern
district of Georgia.
SEC. 3. TEMPORARY BANKRUPTCY JUDGESHIPS.
(a) Authorization for Additional Temporary Bankruptcy Judgeships.--
The following judgeship positions shall be filled in the manner
prescribed in section 152(a)(1) of title 28, United States Code, for
the appointment of bankruptcy judges provided for in section 152(a)(2)
of such title:
(1) One additional bankruptcy judgeship for the district of
Puerto Rico.
(2) One additional bankruptcy judgeship for the northern
district of New York.
(3) One additional bankruptcy judgeship for the middle
district of Pennsylvania.
(4) One additional bankruptcy judgeship for the district of
Maryland.
(5) One additional bankruptcy judgeship for the northern
district of Mississippi.
(6) One additional bankruptcy judgeship for the southern
district of Mississippi.
(7) One additional bankruptcy judgeship for the southern
district of Georgia.
(b) Vacancies.--
(1) In general.--The first vacancy occurring in the office
of bankruptcy judge in each of the judicial districts set forth
in subsection (a)--
(A) occurring 5 years or more after the appointment
date of the bankruptcy judge appointed under subsection
(a) to such office; and
(B) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge;
shall not be filled.
(2) Term expiration.--In the case of a vacancy resulting
from the expiration of the term of a bankruptcy judge not
described in paragraph (1), that judge shall be eligible for
reappointment as a bankruptcy judge in that district.
(c) Extension of Existing Temporary Bankruptcy Judgeships.--
(1) In general.--The temporary bankruptcy judgeships
authorized for the northern district of Alabama and the eastern
district of Tennessee under paragraphs (1) and (9) of section
3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152
note) are extended until the first vacancy occurring in the
office of a bankruptcy judge in the applicable district
resulting from the death, retirement, resignation, or removal
of a bankruptcy judge and occurring 5 years or more after the
date of enactment of this Act.
(2) Applicability of other provisions.--All other
provisions of section 3 of the Bankruptcy Judgeship Act of 1992
(28 U.S.C. 152 note) remain applicable to the temporary
bankruptcy judgeships referred to in this subsection.
SEC. 4. TRANSFER OF BANKRUPTCY JUDGESHIP SHARED BY THE MIDDLE DISTRICT
OF GEORGIA AND THE SOUTHERN DISTRICT OF GEORGIA.
The bankruptcy judgeship presently shared by the southern district
of Georgia and the middle district of Georgia shall be converted to a
bankruptcy judgeship for the middle district of Georgia.
SEC. 5. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS.
(a) District of Delaware.--The temporary bankruptcy judgeship
authorized for the district of Delaware pursuant to section 3 of the
Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be
converted to a permanent bankruptcy judgeship.
(b) District of Puerto Rico.--The temporary bankruptcy judgeship
authorized for the district of Puerto Rico pursuant to section 3 of the
Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be
converted to a permanent bankruptcy judgeship.
SEC. 6. TECHNICAL AMENDMENTS.
Section 152(a)(2) of title 28, United States Code, is amended--
(1) in the item relating to the eastern and western
districts of Arkansas, by striking ``3'' and inserting ``4'';
(2) in the item relating to the district of Delaware, by
striking ``1'' and inserting ``6'';
(3) in the item relating to the middle district of Florida,
by striking ``8'' and inserting ``10'';
(4) in the item relating to the southern district of
Florida, by striking ``5'' and inserting ``7'';
(5) in the item relating to the northern district of
Georgia, by striking ``8'' and inserting ``10'';
(6) in the item relating to the middle district of Georgia,
by striking ``2'' and inserting ``3'';
(7) in the item relating to the southern district of
Georgia, by striking ``2'' and inserting ``3'';
(8) in the collective item relating to the middle and
southern districts of Georgia, by striking ``Middle and
Southern . . . . . . 1'';
(9) in the item relating to the district of Maryland, by
striking ``4'' and inserting ``7'';
(10) in the item relating to the eastern district of
Michigan, by striking ``4'' and inserting ``6'';
(11) in the item relating to the district of Nevada, by
striking ``3'' and inserting 5'';
(12) in the item relating to the district of New Jersey, by
striking ``8'' and inserting ``9'';
(13) in the item relating to the southern district of New
York, by striking ``9'' and inserting ``11'';
(14) in the item relating to the eastern district of North
Carolina, by striking ``2'' and inserting ``3'';
(15) in the item relating to the eastern district of
Pennsylvania, by striking ``5'' and inserting ``6'';
(16) in the item relating to the district of Puerto Rico,
by striking ``2 and inserting ``3'';
(17) in the item relating to the district of South
Carolina, by striking ``2'' and inserting ``3'';
(18) in the item relating to the western district of
Tennessee, by striking ``4'' and inserting ``6'';
(19) in the item relating to the district of Utah, by
striking ``3'' and inserting ``4''; and
(20) in the item relating to the eastern district of
Virginia, by striking ``5'' and inserting ``6''. | Bankruptcy Judgeship Act of 2003 - Authorizes appointment of additional bankruptcy judgeships for specified States, including additional temporary bankruptcy judgeships for Puerto Rico, New York, Pennsylvania, Maryland, Mississippi, and Georgia.
Extends certain existing temporary bankruptcy judgeships in Alabama and. Tennessee.
Converts the bankruptcy judgeship presently shared by the southern district and the middle district of Georgia to a bankruptcy judgeship for the middle district of Georgia.
Converts to a permanent bankruptcy judgeship existing temporary bankruptcy judgeships for the districts of Delaware and Puerto Rico. | A bill to authorize 36 additional bankruptcy judgeships, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Jobs Matter Act of 2011''.
SEC. 2. CONSIDERATION AND VERIFICATION OF INFORMATION RELATING TO
EFFECT ON DOMESTIC EMPLOYMENT OF AWARD OF FEDERAL
CONTRACTS.
(a) Civilian Agency Contracts.--Section 3306 of title 41, United
States Code, is amended by adding at the end the following new
subsection:
``(g)(1) An executive agency, in issuing a solicitation for
competitive proposals, shall state in the solicitation that the agency
may consider information (in this subsection referred to as a `jobs
impact statement') that the offeror may include in its offer related to
the effects on employment within the United States of the contract if
it is awarded to the offeror.
``(2) The information that may be included in a jobs impact
statement may include the following:
``(A) The number of jobs expected to be created in the
United States, or the number of jobs retained that otherwise
would be lost, if the contract is awarded to the offeror.
``(B) The number of jobs created or retained in the United
States by the subcontractors expected to be used by the offeror
in the performance of the contract.
``(C) A guarantee from the offeror that jobs created or
retained in the United States will not be moved outside the
United States after award of the contract.
``(3) The contracting officer may consider the information in the
jobs impact statement in the evaluation of the offer and may request
further information from the offeror in order to verify the accuracy of
any such information submitted.
``(4) In the case of a contract awarded to an offeror that
submitted a jobs impact statement with the offer for the contract, the
executive agency shall, not later than six months after the award of
the contract and annually thereafter for the duration of the contract
or contract extension, assess the accuracy of the jobs impact
statement.
``(5) The head of each executive agency shall submit to Congress an
annual report on the frequency of use within the agency of jobs impact
statements in the evaluation of competitive proposals.
``(6) In any contract awarded to an offeror that submitted a jobs
impact statement with its offer in response to the solicitation for
proposals for the contract, the executive agency shall track the number
of jobs created or retained during the performance of the contract. If
the number of jobs that the agency estimates will be created (by using
the jobs impact statement) significantly exceeds the number of jobs
created or retained, then the agency may evaluate whether the
contractor should be proposed for debarment.''.
(b) Defense Contracts.--Section 2305(a) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
``(6)(A) The head of an agency, in issuing a solicitation for
competitive proposals, shall state in the solicitation that the agency
may consider information (in this paragraph referred to as a `jobs
impact statement') that the offeror may include in its offer related to
the effects on employment within the United States of the contract if
it is awarded to the offeror.
``(B) The information that may be included in a jobs impact
statement may include the following:
``(i) The number of jobs expected to be created in the
United States, or the number of jobs retained that otherwise
would be lost, if the contract is awarded to the offeror.
``(ii) The number of jobs created or retained in the United
States by the subcontractors expected to be used by the offeror
in the performance of the contract.
``(iii) A guarantee from the offeror that jobs created or
retained in the United States will not be moved outside the
United States after award of the contract.
``(C) The contracting officer may consider the information in the
jobs impact statement in the evaluation of the offer and may request
further information from the offeror in order to verify the accuracy of
any such information submitted.
``(D) In the case of a contract awarded to an offeror that
submitted a jobs impact statement with the offer for the contract, the
agency shall, not later than six months after the award of the contract
and annually thereafter for the duration of the contract or contract
extension, assess the accuracy of the jobs impact statement.
``(E) The Secretary of Defense shall submit to Congress an annual
report on the frequency of use within the Department of Defense of jobs
impact statements in the evaluation of competitive proposals.
``(F) In any contract awarded to an offeror that submitted a jobs
impact statement with its offer in response to the solicitation for
proposals for the contract, the agency shall track the number of jobs
created or retained during the performance of the contract. If the
number of jobs that the agency estimates will be created (by using the
jobs impact statement) significantly exceeds the number of jobs created
or retained, then the agency may evaluate whether the contractor should
be proposed for debarment.''.
(c) Revision of Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall be revised to implement the amendments
made by this section. | American Jobs Matter Act of 2011 - Requires an executive agency to state in a solicitation for competitive proposals that the agency may consider information that the offeror may include on the effects awarding the contract to the offeror would have on employment within the United States (jobs impact statement). Allows such statement to include a guarantee that jobs created or retained in the United States will not be moved outside the United States after award of the contract.
Requires each agency to: (1) assess, annually, the accuracy of such a statement submitted by an offeror awarded a contract; (2) submit an annual report on the frequency of use of such statements in evaluating competitive proposals; and (3) track the number of jobs created or retained during the performance of a contract awarded to an offeror that submitted such a statement. Authorizes an agency to evaluate whether a contractor should be proposed for debarment if the number of jobs that the agency estimates will be created based on such statement significantly exceeds the number created or retained.
Sets forth analogous provisions for defense contracts.
Requires revision of the Federal Acquisition Regulation to implement the amendments made by this Act. | A bill to amend titles 10 and 41, United States Code, to allow contracting officers to consider information regarding domestic employment before awarding a Federal contract, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Vocational Rehabilitation
and Employment Improvement Act of 2015''.
SEC. 2. APPROVAL OF COURSES OF EDUCATION AND TRAINING FOR PURPOSES OF
THE VOCATIONAL REHABILITATION PROGRAM OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--Section 3104(b) of title 38, United States Code,
is amended by adding at the end the following new sentence: ``To the
maximum extent practicable, a course of education or training may be
pursued by a veteran as part of a rehabilitation program under this
chapter only if the course is approved for purposes of chapter 30 or 33
of this title. The Secretary may waive the requirement under the
preceding sentence to the extent the Secretary determines
appropriate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a course of education or training pursued by a
veteran who first begins a program of rehabilitation under chapter 31
of title 38, United States Code, on or after the date that is one year
after the date of the enactment of this Act.
SEC. 3. ELIGIBILITY OF CERTAIN VETERANS ENROLLED IN VOCATIONAL
REHABILITATION PROGRAMS FOR SPECIALLY ADAPTED HOUSING
PROVIDED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 2101(a)(2)(A) of title 38, United States
Code, is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new subparagraph:
``(iii) has a disability for which the veteran is
eligible for a rehabilitation program under chapter 31
of this title and is referred for assistance under this
section pursuant to section 2107 of this title.''.
(b) Amount of Assistance.--Section 2102(d) of such title is
amended--
(1) in paragraph (1)--
(A) by striking ``The aggregate'' and inserting
``(A) Except as provided in subparagraph (B), the
aggregate''; and
(B) by inserting at the end the following new
subparagraph:
``(B) The Secretary may waive the limitation in subparagraph (A) in
the case of a veteran described in section 2101(a)(2)(A)(iii).''; and
(2) by adding at the end the following new paragraph:
``(4) The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a biennial report on
the use of the waiver authority under paragraph (1)(B).''.
(c) Bar to Dual Eligibility for Home Adaptation Services.--Section
3102 of such title is amended by adding at the end the following new
subsection:
``(c) Bar to Dual Eligibility for Home Adaptation Services.--A
person who receives adaptive housing assistance by reason of section
2101(a)(2)(A)(iii) of this title may not also receive home adaptation
services under this chapter.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 180 days after the date of the enactment of
this Act.
SEC. 4. AUTHORITY TO PRIORITIZE VOCATIONAL REHABILITATION SERVICES
BASED ON NEED.
Section 3104 of title 38, United States Code, as amended by section
3, is further amended by adding at the end the following new
subsection:
``(c)(1) The Secretary shall have the authority to administer this
chapter by prioritizing the provision of services under this chapter
based on need, as determined by the Secretary. In evaluating need for
purposes of this subsection, the Secretary shall consider disability
ratings, the severity of employment handicaps, qualification for a
program of independent living, income, and any other factor the
Secretary determines appropriate.
``(2) Not later than 90 days before making any changes to the
prioritization of the provision of services under this chapter as
authorized under paragraph (1), the Secretary shall submit to Congress
a plan describing such changes.''.
SEC. 5. REDUCTION IN REDUNDANCY AND INEFFICIENCIES IN VOCATIONAL
REHABILITATION CLAIMS PROCESSING.
(a) Vocational Rehabilitation Claims.--The Secretary of Veterans
Affairs shall reduce redundancy and inefficiencies in the use of
information technology to process claims for rehabilitation programs
under chapter 31 of title 38, United States Code, by--
(1) ensuring that all payments for and on behalf of
veterans participating in a rehabilitation program under such
chapter are only processed and paid out of one corporate
information technology system, in order to eliminate the
redundancy of multiple information technology payment systems;
and
(2) enhancing the information technology system supporting
veterans participating in such a program to support more
accurate accounting of services and outcomes for such veterans.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2016
$10,000,000 to carry out this section.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the changes made pursuant to subsection (a). | Veterans Vocational Rehabilitation and Employment Improvement Act of 2015 Allows a veteran to pursue a course of education and training as part of a rehabilitation program only if the course is approved under Department of Veterans Affairs (VA) vocational rehabilitation requirements. Makes veterans enrolled in a VA vocational rehabilitation program eligible for VA specially adapted housing. Bars dual eligibility for home adaptation services. Authorizes the VA to prioritize vocational rehabilitation services based on need and upon consideration of disability ratings, the severity of employment handicaps, qualification for a program of independent living, income, and other appropriate factors. Directs the VA to reduce information technology redundancy and inefficiencies in the rehabilitation claims process. | Veterans Vocational Rehabilitation and Employment Improvement Act of 2015 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Medicare Cancer
Patient Database and Coverage Act of 2009''.
(b) Findings.--Congress finds the following:
(1) Each year, more than 1.4 million Americans receive a
cancer diagnosis, and more than 11 million Americans are
currently living with cancer.
(2) Newly diagnosed cancer patients need access to quality
health care from the time of diagnosis to ensure the best
possible outcome, and those entering the period of survivorship
require active monitoring and follow-up care related to effects
of cancer treatment and possible second cancers.
(3) More than 47 million Americans have no health
insurance, and this number includes many who will be diagnosed
with cancer this year.
(4) Among the non-elderly who receive a cancer diagnosis,
more than 10 percent are uninsured, and among minority
populations the percentage of uninsured cancer patients is
higher.
(5) Those with no insurance receive less cancer care and
receive it later: they have lower rates of cancer screening,
experience delays in follow-up after abnormal test results, and
are diagnosed at a more advanced stage of disease.
(6) Uninsured cancer patients receive less care than the
insured, and they may face substantial medical expenses leading
to bankruptcy.
(7) Young adults have worse cancer outcomes than young
children or older adults; experts believe part of the
discrepancy in cancer outcomes can be attributed to the fact
this population is less likely to be insured than others.
(8) The Medicare program is a source of medical insurance
for more than half of all cancer patients.
(9) The Medicare program eliminates financial barriers to
care for its beneficiaries and provides quality care to cancer
patients.
(10) Access to care, better cancer outcomes, and protection
from devastating out-of-pocket medical expenses could be
assured to cancer patients by providing all diagnosed with
cancer the opportunity to enroll in Medicare.
SEC. 2. IMPROVING CANCER DATABASE.
(a) In General.--The Secretary of Health and Human Services shall
collect such additional data as may be necessary to update existing
databases that contain data regarding individuals with cancer in the
United States in order to provide for accurate information of the
number of such individuals, the types and stages of cancer, and the
efficacy of different treatments for the types and stages of cancer.
(b) Data.--The database under subsection (a) shall include
information to monitor an individual's full experience with cancer
based upon the stage of the cancer, from the initial diagnosis to early
and continued treatment until elimination of evidence of cancer or
death.
(c) Increased Funding.--There are authorized to be appropriated to
the National Cancer Institute and the National Institutes of Health
such additional funding as may be necessary to apply the information in
the database for improved research and treatment of cancer, including
providing physicians with timely information on outcomes to improve the
treatment of cancer and to promote increased quality care.
SEC. 3. MEDICARE COVERAGE FOR UNINSURED CANCER PATIENTS.
(a) In General.--Title II of the Social Security Act is amended by
inserting after section 226A the following new section:
``special provisions relating to coverage under the medicare program
for cancer for uninsured, initial cancer patients
``Sec. 226B. (a) In General.--In accordance with the succeeding
provisions of this section, every individual shall be entitled to
benefits under part A, and eligible to enroll under parts B, C and D,
of title XVIII, subject to the deductible, premium and coinsurance
provisions of such title if the individual--
``(1) is medically determined to have an initial cancer;
``(2) is lawfully residing in the United States;
``(3) has not attained the age of 65 but would otherwise be
entitled under section 226(a) to hospital benefits under part A of
title XVIII;
``(4) is not covered by creditable coverage (as defined in
subsection (e)); and
``(5) has filed an application for benefits under this section.
``(b) Initiation and Duration of Benefits.--The period of
entitlement and eligibility described in subsection (a)--
``(1) shall begin on the first day of the first month
following the date of the medical determination of cancer
referred to in subsection (a)(1) (but no earlier than the month
preceding the month of the filing of an application for
benefits under this section); and
``(2) shall end on the date the individual becomes
otherwise entitled to benefits under part A of title XVIII
under section 226 or, if earlier, is covered under creditable
coverage.
``(c) Procedures.--
``(1) The Secretary shall ensure that processes are
established to prevent unnecessary delays in enrolling
individuals with cancer under this section. Individuals shall
be enrolled on a timely basis upon the filing of an application
described in subsection (a)(4) that includes evidence of an
initial cancer diagnosis and an attestation that the individual
satisfies the requirements of paragraphs (2) and (3) of
subsection (a).
``(2) The Secretary shall develop educational practices to
help ensure that individuals enrolling under this section
satisfy the criteria established under subsection (a) and shall
implement post-enrollment procedures for identifying
individuals who do not satisfy such criteria.
``(3) The Secretary shall implement procedures to ensure
that the benefits available under this section are not used as
a substitute for health benefits that employers or individuals
could otherwise provide, obtain, or maintain, and the Secretary
shall report to Congress by the end of each fiscal year on the
effectiveness of such procedures.
``(d) Cancers Excluded.--In this section, the term `cancer' does
not include basal cell carcinoma or squamous cell carcinoma of the
skin.
``(e) Creditable Coverage Defined.--In this section, the term
`creditable coverage' has the meaning given such term in section
2701(c) of the Public Health Service Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits for months beginning 6 months after the date of the
enactment of this Act.
SEC. 4. ENCOURAGEMENT OF EARLY DETECTION OF CANCER.
The Secretary of Health and Human Services shall, through existing
programs and other appropriate means, provide for such an educational
and outreach campaign as will encourage individuals to be tested for
cancer at the earliest time for which such testing may be useful in
detecting the presence of cancer, based upon cancer screening
recommendations of the United States Preventive Services Task Force. | Medicare Cancer Patient Database and Coverage Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to collect additional data necessary to update existing databases regarding individuals with cancer in order to provide for accurate information on the number of such individuals, the types and stages of cancer, and the efficacy of different treatments for the types and stages of cancer
Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to entitle uninsured, initial cancer patients to Medicare coverage.
Directs the Secretary to provide for an educational and outreach campaign that will encourage individuals to be tested for cancer at the earliest time for which such testing may be useful in detecting the presence of cancer, based upon cancer screening recommendations of the United States Preventive Services Task Force. | To improve the information in databases for individuals with cancer in the United States and to amend the Social Security Act to provide increased coverage for uninsured individuals upon first diagnosis of cancer. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Small Business Regulatory
Assistance Act of 2002''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a pilot program to--
(1) provide confidential assistance to small business
concerns;
(2) provide small business concerns with the information
necessary to improve their rate of compliance with Federal and
State regulations;
(3) create a partnership among Federal agencies to increase
outreach efforts to small business concerns with respect to
regulatory compliance;
(4) provide a mechanism for unbiased feedback to Federal
agencies on the regulatory environment for small business
concerns; and
(5) utilize the service delivery network of Small Business
Development Centers to improve access of small business
concerns to programs to assist them with regulatory compliance.
SEC. 3. DEFINITIONS.
In this Act, the definitions set forth in section 36(a) of the
Small Business Act (as added by section 4 of this Act) shall apply.
SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM.
The Small Business Act (15 U.S.C. 637 et seq.) is amended--
(1) by redesignating section 36 as section 37; and
(2) by inserting after section 35 the following new
section:
``SEC. 36. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Small Business Administration, acting
through the Associate Administrator for Small Business
Development Centers.
``(2) Association.--The term `Association' means the
association, established pursuant to section 21(a)(3)(A),
representing a majority of Small Business Development Centers.
``(3) Participating small business development center.--The
term `participating Small Business Development Center' means a
Small Business Development Center participating in the pilot
program.
``(4) Pilot program.--The term `pilot program' means the
pilot program established under this section.
``(5) Regulatory compliance assistance.--The term
`regulatory compliance assistance' means assistance provided by
a Small Business Development Center to a small business concern
to enable the concern to comply with Federal regulatory
requirements.
``(6) Small business development center.--The term `Small
Business Development Center' means a Small Business Development
Center described in section 21.
``(7) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and Guam.
``(b) Authority.--In accordance with this section, the
Administrator shall establish a pilot program to provide regulatory
compliance assistance to small business concerns through participating
Small Business Development Centers, the Association, and Federal
compliance partnership programs.
``(c) Small Business Development Centers.--
``(1) In general.--In carrying out the pilot program, the
Administrator shall enter into arrangements with participating
Small Business Development Centers under which such centers
will provide--
``(A) access to information and resources,
including current Federal and State nonpunitive
compliance and technical assistance programs similar to
those established under section 507 of the Clean Air
Act Amendments of 1990 (42 U.S.C. 7661f);
``(B) training and educational activities;
``(C) confidential, free-of-charge, one-on-one, in-
depth counseling to the owners and operators of small
business concerns regarding compliance with Federal and
State regulations, provided that such counseling is not
considered to be the practice of law in a State in
which a Small Business Development Center is located or
in which such counseling is conducted;
``(D) technical assistance; and
``(E) referrals to experts and other providers of
compliance assistance who meet such standards for
educational, technical, and professional competency as
are established by the Administrator.
``(2) Reports.--
``(A) In general.--Each participating Small
Business Development Center shall transmit to the
Administrator a quarterly report that includes--
``(i) a summary of the regulatory
compliance assistance provided by the center
under the pilot program; and
``(ii) any data and information obtained by
the center from a Federal agency regarding
regulatory compliance that the agency intends
to be disseminated to small business concerns.
``(B) Electronic form.--Each report referred to in
subparagraph (A) shall be transmitted in electronic
form.
``(C) Interim reports.--During any time period
falling between the transmittal of quarterly reports, a
participating Small Business Development Center may
transmit to the Administrator any interim report
containing data or information considered by the center
to be necessary or useful.
``(D) Limitation on disclosure requirements.--The
Administrator may not require a Small Business
Development Center to disclose the name or address of
any small business concern that received or is
receiving assistance under the pilot program, except
that the Administrator shall require such a disclosure
if ordered to do so by a court in any civil or criminal
enforcement action commenced by a Federal or State
agency.
``(d) Data Repository and Clearinghouse.--
``(1) In general.--In carrying out the pilot program, the
Administrator shall--
``(A) act as the repository of and clearinghouse
for data and information submitted by Small Business
Development Centers; and
``(B) transmit to the President and to the
Committees on Small Business of the Senate and House of
Representatives an annual report that includes--
``(i) a description of the types of
assistance provided by participating Small
Business Development Centers under the pilot
program;
``(ii) data regarding the number of small
business concerns that contacted participating
Small Business Development Centers regarding
assistance under the pilot program;
``(iii) data regarding the number of small
business concerns assisted by participating
Small Business Development Centers under the
pilot program;
``(iv) data and information regarding
outreach activities conducted by participating
Small Business Development Centers under the
pilot program, including any activities
conducted in partnership with Federal agencies;
``(v) data and information regarding each
case known to the Administrator in which one or
more Small Business Development Centers offered
conflicting advice or information regarding
compliance with a Federal or State regulation
to one or more small business concerns;
``(vi) any recommendations for improvements
in the regulation of small business concerns;
and
``(vii) a list of regulations identified by
the Administrator, after consultation with the
Small Business and Agriculture Regulatory
Enforcement Ombudsman, as being most burdensome
to small business concerns, and recommendations
to reduce or eliminate the burdens of such
regulations.
``(e) Eligibility.--
``(1) In general.--A Small Business Development Center
shall be eligible to receive assistance under the pilot program
only if the center is certified under section 21(k)(2).
``(2) Waiver.--With respect to a Small Business Development
Center seeking assistance under the pilot program, the
Administrator may waive the certification requirement set forth
in paragraph (1) if the Administrator determines that the
center is making a good faith effort to obtain such
certification.
``(3) Effective date.--This subsection shall take effect on
October 1, 2002.
``(f) Selection of Participating State Programs.--
``(1) In general.--In consultation with the Association and
giving substantial weight to the Association's recommendations,
the Administrator shall select the Small Business Development
Center programs of 2 States from each of the following groups
of States to participate in the pilot program established by this
section:
``(A) Group 1: Maine, Massachusetts, New Hampshire,
Connecticut, Vermont, and Rhode Island.
``(B) Group 2: New York, New Jersey, Puerto Rico,
and the Virgin Islands.
``(C) Group 3: Pennsylvania, Maryland, West
Virginia, Virginia, the District of Columbia, and
Delaware.
``(D) Group 4: Georgia, Alabama, North Carolina,
South Carolina, Mississippi, Florida, Kentucky, and
Tennessee.
``(E) Group 5: Illinois, Ohio, Michigan, Indiana,
Wisconsin, and Minnesota.
``(F) Group 6: Texas, New Mexico, Arkansas,
Oklahoma, and Louisiana.
``(G) Group 7: Missouri, Iowa, Nebraska, and
Kansas.
``(H) Group 8: Colorado, Wyoming, North Dakota,
South Dakota, Montana, and Utah.
``(I) Group 9: California, Guam, Hawaii, Nevada,
and Arizona.
``(J) Group 10: Washington, Alaska, Idaho, and
Oregon.
``(2) Deadline for selection.--The Administrator shall make
selections under this subsection not later than 60 days after
promulgation of regulations under section 5 of the National
Small Business Regulatory Assistance Act of 2002.
``(g) Matching Not Required.--Subparagraphs (A) and (B) of section
21(a)(4) shall not apply to assistance made available under the pilot
program.
``(h) Distribution of Grants.--
``(1) In general.--Each State program selected to receive a
grant under subsection (f) in a fiscal year shall be eligible
to receive a grant in an amount not to exceed the product
obtained by multiplying--
``(A) the amount made available for grants under
this section for the fiscal year; and
``(B) the ratio that--
``(i) the population of the State; bears to
``(ii) the population of all the States
with programs selected to receive grants under
subsection (f) for the fiscal year.
``(2) Minimum amount.--Notwithstanding paragraph (1), the
minimum amount that a State program selected to receive a grant
under subsection (f) shall be eligible to receive under this
section in the fiscal year shall be $200,000.
``(i) Evaluation and Report.--Not later than 3 years after the
establishment of the pilot program, the Comptroller General of the
United States shall conduct an evaluation of the pilot program and
shall transmit to the Administrator and to the Committees on Small
Business of the Senate and House of Representatives a report containing
the results of the evaluation along with any recommendations as to
whether the pilot program, with or without modification, should be
extended to include the participation of all Small Business Development
Centers.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 2003 and
each fiscal year thereafter.
``(2) Limitation on use of other funds.--The Administrator
may carry out the pilot program only with amounts appropriated
in advance specifically to carry out this section.''.
SEC. 5. PROMULGATION OF REGULATIONS.
After providing notice and an opportunity for comment and after
consulting with the Association (but not later than 180 days after the
date of the enactment of this Act), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
(1) priorities for the types of assistance to be provided
under the pilot program;
(2) standards relating to educational, technical, and
support services to be provided by participating Small Business
Development Centers;
(3) standards relating to any national service delivery and
support function to be provided by the Association under the
pilot program;
(4) standards relating to any work plan that the
Administrator may require a participating Small Business
Development Center to develop; and
(5) standards relating to the educational, technical, and
professional competency of any expert or other assistance
provider to whom a small business concern may be referred for
compliance assistance under the pilot program.
SEC. 6. PRIVACY REQUIREMENTS APPLICABLE TO SMALL BUSINESS DEVELOPMENT
CENTERS.
Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is
amended by adding at the end the following:
``(9) Privacy requirements.--
``(A) In general.--No Small Business Development
Center, consortium of Small Business Development
Centers, or contractor or agent of a Small Business
Development Center shall disclose the name or address
of any individual or small business concern receiving
assistance under this section without the consent of
such individual or small business concern, except
that--
``(i) the Administrator shall require such
disclosure if ordered to do so by a court in
any civil or criminal enforcement action
commenced by a Federal or State agency; and
``(ii) if the Administrator considers it
necessary while undertaking a financial audit
of a Small Business Development Center, the
Administrator shall require such disclosure for
the sole purpose of undertaking such audit.
``(B) Regulations.--The Administrator shall issue
regulations to establish standards for requiring
disclosures during a financial audit under subparagraph
(A)(ii).''. | National Small Business Regulatory Assistance Act of 2002 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a pilot program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal regulations; and (4) technical assistance.Directs the Administrator to act as the repository of and clearinghouse for data and information submitted by Centers.Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Center programs of two States from each of ten groups of States for participation in the pilot program.Provides privacy requirements applicable to Centers, a consortium of Centers, or any Center contractor or agent with respect to regulatory compliance assistance provided to small businesses. | A bill to amend the Small Business Act to direct the Administrator of the Small Business Administration to establish a pilot program to provide regulatory compliance assistance to small business concerns, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Funds Transfer Account
Improvement and Recipient Protection Act''.
SEC. 2. PROTECTIONS FOR RECIPIENTS OF FEDERAL PAYMENTS MADE BY
ELECTRONIC FUNDS TRANSFER.
(a) In General.--Section 3332 of title 31, United States Code, is
amended by redesignating subsections (h), (i), and (j) as subsections
(i), (j), and (k), respectively, and by inserting after subsection (g)
the following:
``(h)(1) The head of each Federal agency that makes Federal
payments in the form of retirement payments or benefit payments shall
include, in any explanatory notices to payees regarding those payments
and with each such payment that is mailed, written notice informing the
person regarding the requirements and protections of this section,
including--
``(A) information regarding how to obtain electronic funds
transfer, including information regarding the account to be
established by the Secretary under subsection (j)(2);
``(B) a toll-free telephone number and postal address for
obtaining additional information; and
``(C) instructions regarding how to obtain or change an
account at a financial institution pursuant to this section.
``(2) At a minimum, each person entitled to receive particular
Federal payments may elect whether or not to receive those payments by
electronic funds transfer to an account established by the Secretary
under subsection (j)(2)--
``(A) at any time in the 180-day period beginning on the
date on which those payments are first available by electronic
funds transfer through such an account; and
``(B) at any time in a 60-day period each year that shall
be specified by the head of the agency that administers the
payments.
``(3) The application of Federal laws providing consumer and other
protections with respect to amounts of Federal payments made by
electronic funds transfer pursuant to this section shall not be
affected by--
``(A) the commingling of those amounts with amounts of
State payments made by electronic funds transfer under State
law; or
``(B) the receipt of the Federal payments through
electronic funds transfers made by a State.
``(4)(A) A financial institution, contractor with a financial
institution, or other authorized agent designated under subsection (g)
by a recipient to receive Federal payments by electronic funds transfer
through an account established by the Secretary under subsection
(j)(2)--
``(i) shall not impose a fee for any transaction by the
recipient with respect to those payments that exceeds the
national average (as determined and published by the Secretary)
of fees charged to all consumers for similar transactions; and
``(ii) shall allow the recipient to engage in 5 such
transactions each month without charge.
``(B) Any violation of subparagraph (A) shall, for purposes of
sections 915 and 916 of the Electronic Funds Transfer Act (15 U.S.C.
1693m and 1693n), be treated as a violation of that Act.
``(C) This paragraph shall apply only to transactions occurring
after the effective date of regulations issued by the Secretary of the
Treasury implementing this paragraph.''.
(b) Regulations.--The Secretary of the Treasury shall issue
regulations implementing the amendment made by subsection (a).
SEC. 3. REPORT ON IMPLICATIONS OF YEAR 2000 COMPUTER PROBLEMS FOR
ELECTRONIC FUNDS TRANSFER REQUIREMENTS.
(a) In General.--Not later than December 31, 1998, the Secretary of
the Treasury, acting through the Financial Management Service, shall
report to the Congress on the implications of the year 2000 computer
problem for implementation of requirements under Federal law that
Federal payments shall be made by electronic funds transfer.
(b) Contents.--The report shall include information regarding--
(1) corrections being made to Federal agency computer
programs;
(2) Federal agency plans for solving potential problems for
recipients of Federal payments; and
(3) whether delaying implementation of electronic funds
transfer requirements would help or hinder resolution of year
2000 computer problems with respect to electronic funds
transfers.
(c) Year 2000 Computer Problem.--In this section, the term ``year
2000 computer problem'' means any problem which prevents information
technology from accurately processing, calculating, comparing, or
sequencing date or time data--
(1) from, into, or between--
(A) the 20th and 21st centuries; or
(B) the years 1999 and 2000; or
(2) with regard to leap year calculations.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that the Commissioner of Social
Security and the Secretary of Veterans Affairs should ensure that
personnel of their agencies who are responsible for receiving telephone
inquiries regarding receipt of Federal payments administered by that
agency are fully trained to provide information regarding all
alternatives for receiving those payments by electronic funds transfer
or other means. | Electronic Funds Transfer Account Improvement and Recipient Protection Act - Amends Federal law to mandate that the head of each Federal agency that disburses retirement or benefit payments give the recipient written notice of available consumer protections with respect to electronic funds transfer, including the right to elect whether or not to receive those payments by electronic funds transfer to an account established for the recipient by the Secretary.
Prohibits the agent designated to receive a recipient's transfers from imposing a transaction fee exceeding the national average charged to all consumers for similar transactions. Requires such agent to permit five such transactions each month without charge. Treats violations of such requirements as violations of the Electronic Funds Transfer Act.
Directs the Secretary of the Treasury, acting through the Financial Management Service, to report to the Congress on the implications of the year 2000 (Y2K) computer problem for implementation of Federal requirements that Federal payments be made by electronic funds transfer.
Expresses the sense of the Congress that the Commissioner of Social Security and the Secretary of Veterans Affairs should ensure that personnel of their agencies are fully trained to respond to telephone inquiries regarding all alternatives for receiving Federal payments by electronic funds transfer or other means. | Electronic Funds Transfer Account Improvement and Recipient Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety and Cyber Security
Enhancement Act of 2001''.
SEC. 2. INTERCEPTION OF COMMUNICATIONS.
(a) Definitions.--Section 2510(18) of title 18, United States Code,
is amended--
(1) by striking the period and inserting a semicolon; and
(2) by adding at the end the following:
``(19) `protected computer' has the meaning set forth in
section 1030 of this title; and
``(20) `computer trespasser' means a person who is
accessing a protected computer without authorization and thus
has no reasonable expectation of privacy in any communication
transmitted to, through, or from the protected computer.''.
(b) Exceptions to Prohibitions.--
(1) Additional exception.--Section 2511(2)(a) of title 18,
United States Code, is amended by adding at the end the
following:
``(iii) It shall not be unlawful under this chapter for a person
acting under color of law to intercept the wire or electronic
communications of a computer trespasser, provided that--
``(A) the owner or operator of the protected computer
expressly authorizes the interception of the computer
trespasser's communications on the protected computer;
``(B) the person acting under color of law is lawfully
engaged in an ongoing investigation;
``(C) the person acting under color of law has reasonable
grounds to believe that the contents of the computer
trespasser's communications will be relevant to the ongoing
investigation; and
``(D) such interception does not acquire communications
other than those transmitted to or from the computer
trespasser.''.
(2) Foreign intelligence exception.--Section 2511(2)(f) of
title 18, United States Code, is amended--
(A) by striking ``this chapter or chapter 121'' and
inserting ``this chapter, chapter 121, or chapter
206''; and
(B) by striking ``wire and oral'' and inserting
``wire, oral, and electronic''.
(3) Relation to other law.--Section 2511(2) of title 18,
United States Code, is amended by adding at the end the
following:
``(i) Nothing in section 631 of the Communications Act of 1934 (47
U.S.C. 551) shall be construed to restrict voluntary or obligatory
disclosures of information under this chapter, chapter 121, or chapter
206, except that such disclosures shall not reveal customer cable
television viewing activity.''.
SEC. 3. PEN REGISTERS AND TRAP AND TRACE DEVICES.
(a) Prohibition.--Section 3121(c) of title 18, United States Code,
is amended--
(1) by inserting ``or trap and trace device'' after ``use a
pen register'';
(2) by inserting ``, routing, addressing,'' after ``to the
dialing''; and
(3) by striking ``utilized in call processing.'' and
inserting ``utilized in the processing and transmitting of wire
and electronic communications.''.
(b) Issuance of Order.--
(1) Section 3123(a) of title 18, United States Code, is
amended to read as follows:
``(a) In General.--
``(1) Upon an application made under section 3122(a)(1) of
this title, the court shall enter an ex parte order authorizing
the installation and use of a pen register or a trap and trace
device if the court finds that the attorney for the Government
has certified to the court that the information likely to be
obtained by such installation and use is relevant to an ongoing
criminal investigation. Such order shall, upon service of such
order, apply to any entity providing wire or electronic
communication service in the United States whose assistance may
facilitate the execution of the order.
``(2) Upon an application made under section 3122(a)(2) of
this title, the court shall enter an ex parte order authorizing
the installation and use of a pen register or a trap and trace
device within the jurisdiction of the court if the court finds
that the State law enforcement or investigative officer has
certified to the court that the information likely to be
obtained by such installation and use is relevant to an ongoing
criminal investigation.''.
(2) Section 3123(b)(1) of title 18, United States Code, is
amended--
(A) in subparagraph (A)--
(i) by inserting ``or other facility''
after ``telephone line''; and
(ii) by inserting ``or applied'' before the
semicolon; and
(B) in subparagraph (C)--
(i) by striking ``the number and,'' and
inserting ``the attributes of the
communications to which the order applies, such
as the number or other identifier and,'';
(ii) by striking ``physical'' after ``, if
known,'';
(iii) by inserting ``or other facility''
after ``the telephone line'';
(iv) by inserting ``or applied'' after
``device is to be attached''; and
(v) by striking ``and, in the case of a
trap and trace device,'' and inserting ``, and
in the case of a trap and trace device
authorized under paragraph (a)(2) of this
section,''.
(3) Section 3123(d)(2) of title 18, United States Code, is
amended--
(A) by inserting ``or other facility'' after ``or
leasing the line''; and
(B) by striking ``attached, or who has been ordered
by the court'' and inserting ``attached or applied, or
who is obligated by the order''.
(c) Emergency Pen Registers and Trap and Trace Devices.--Section
3125(a) of title 18, United States Code, is amended--
(1) by inserting ``any United States Attorney, or any
acting United States Attorney,'' after ``Deputy Assistant
Attorney General,''; and
(2) in paragraph (1)--
(A) in subparagraph (B), by striking the comma and
inserting a semicolon; and
(B) inserting after subparagraph (B) the following:
``(C) immediate threat to a national security
interest; or
``(D) an ongoing attack on a protected computer
that constitutes a crime punishable by a term of
imprisonment greater than one year,''.
(d) Definitions.--
(1) Section 3127(2)(A) of title 18, United States Code, is
amended to read as follows:
``(A) any district court of the United States
(including a magistrate judge of such a court) or
United States Court of Appeals having jurisdiction over
the offense being investigated; or''.
(2) Section 3127(3) of title 18, United States Code, is
amended to read as follows:
``(3) the term `pen register' means a device or process
which records or decodes dialing, routing, addressing, and
signaling information transmitted by an instrument or facility
from which a wire or electronic communication is transmitted,
but such term does not include any device or process used by a
provider or customer of a wire or electronic communication
service for billing, or recording as an incident to billing,
for communications services provided by such provider or any
device or process used by a provider or customer of a wire
communication service for cost accounting or other like
purposes in the ordinary course of its business;''.
(3) Section 3127(4) of title 18, United States Code, is amended--
(A) by inserting ``or process'' after ``means a device'';
and
(B) by striking ``of an instrument or device'' and all that
follows through the semicolon and inserting ``or other dialing,
routing, addressing, and signaling information relevant to
identifying the source or a wire or electronic
communication;''.
(4) Section 3127 of title 18, United States Code, is amended--
(A) by striking the period in paragraph (6) and inserting
``; and''; and
(B) by adding at the end the following:
``(7) the term `protected computer' has the meaning set
forth in section 1030 of this title.''. | Public Safety and Cyber Security Enhancement Act of 2001 - Amends the Federal criminal code to provide an exception to wiretapping prohibitions for a person acting under color of law to intercept the wire or electronic communications of a "computer trespasser" under specified circumstances. Creates a foreign intelligence exception involving the interception of electronic communications.Permits a Government agency authorized to use a pen register or trap and trace device to use technology reasonably available that restricts the recording or decoding of electronic or other impulses to the dialing, routing, addressing, and signaling information utilized in the processing and transmitting of wire and electronic communications.Directs the court, upon application to it, to enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device: (1) if the court finds that the Government attorney has certified that the information likely to be obtained is relevant to an ongoing criminal investigation (which order shall apply nationwide); or (2) within the jurisdiction of the court if the court finds that the State law enforcement or investigative officer has certified that the information likely to be obtained is relevant.Authorizes any U.S. Attorney or acting U.S. Attorney to have installed and to use a pen register or trap and trace device under specified emergency situations, including situations involving: (1) an immediate threat to national security; and (2) an ongoing attack on a protected computer that constitutes a crime punishable by a term of imprisonment greater than one year. | To amend title 18, United States Code, with respect to the interception of communications, and for other purposes. |
SECTION 1. EXCHANGE OF CERTAIN MINERAL INTERESTS IN BILLINGS COUNTY,
NORTH DAKOTA.
(a) Purpose.--The purpose of this Act is to direct the
consolidation of certain mineral interests in the Little Missouri
National Grasslands in Billings County, North Dakota, through the
exchange of Federal and private mineral interests in order to enhance
land management capability and environmental and wildlife protection.
(b) Exchange.--Notwithstanding any other provision of law--
(1) if, not later than 45 days after the date of enactment
of this Act, Burlington Resources Oil & Gas Company (referred
to in this Act as ``Burlington'' and formerly known as Meridian
Oil Inc.), conveys title acceptable to the Secretary of
Agriculture (referred to in this Act as the ``Secretary'') to
all oil and gas rights and interests on lands identified on the
map entitled ``Billings County, North Dakota, Consolidated
Mineral Exchange--November 1995'', by quitclaim deed acceptable
to the Secretary, the Secretary shall convey to Burlington,
subject to valid existing rights, by quitclaim deed, all
Federal oil and gas rights and interests identified on that
map; and
(2) if Burlington makes the conveyance under paragraph (1)
and, not later than 180 days after the date of enactment of
this Act, the owners of the remaining non-oil and gas mineral
interests on lands identified on that map convey title
acceptable to the Secretary to all rights, title, and interests
in the interests held by them, by quitclaim deed acceptable to
the Secretary, the Secretary shall convey to those owners,
subject to valid existing rights, by exchange deed, all
remaining Federal non-oil and gas mineral rights, title, and
interests in National Forest System lands and National
Grasslands identified on that map in the State of North Dakota
as are agreed to by the Secretary and the owners of those
interests.
(c) Leasehold Interests.--As a condition precedent to the
conveyance of interests by the Secretary to Burlington under this Act,
all leasehold and contractual interests in the oil and gas interests to
be conveyed by Burlington to the United States under this Act shall be
released, to the satisfaction of the Secretary.
(d) Equal Valuation of Oil and Gas Rights Exchange.--The values of
the interests to be exchanged under subsection (b)(1) shall be deemed
to be equal.
(e) Approximate Equal Value of Exchanges With Other Interest
Owners.--The values of the interests to be exchanged under subsection
(b)(2) shall be approximately equal, as determined by the Secretary.
(f) Land Use.--
(1) Exploration and development.--The Secretary shall grant
to Burlington, and its successors and assigns, the use of
Federally-owned surface lands to explore for and develop
interests conveyed to Burlington under this Act, subject to
applicable Federal and State laws.
(2) Surface occupancy and use.--Rights to surface occupancy
and use that Burlington would have absent the exchange under
this Act on its interests conveyed under this Act shall apply
to the same extent on the federally owned surface estate
overlying oil and gas rights conveyed to Burlington under this
Act.
(g) Environmental Protection for Environmentally Sensitive Lands.--
All activities of Burlington, and its successors and assigns, relating
to exploration and development on environmentally sensitive National
Forest System lands, as described in the ``Memorandum of Understanding
Concerning Certain Severed Mineral Estates, Billings County, North
Dakota'', executed by the Forest Service and Burlington and dated
November 2, 1995, shall be subject to the terms of the memorandum.
(h) Map.--The map referred to in subsection (b) shall be provided
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives, kept on file in
the office of the Chief of the Forest Service, and made available for
public inspection in the office of the Forest Supervisor of the Custer
National Forest within 45 days after the date of enactment of this Act.
(i) Continuation of Multiple Use.--Nothing in this Act shall limit,
restrict, or otherwise effect the application of the principle of
multiple use (including outdoor recreation, range, timber, watershed,
and fish and wildlife purposes) in any area of the Little Missouri
National Grasslands. Federal grazing permits or privileges in areas
designated on the map entitled ``Billings County, North Dakota,
Consolidated Mineral Exchange--November 1995'' or those lands described
in the ``Memorandum of Understanding Concerning Certain Severed Mineral
Estates, Billings County, North Dakota'', shall not be curtailed or
otherwise limited as a result of the exchange authorized by this Act. | Directs the Secretary of Agriculture to convey to the Burlington Resources Oil and Gas Company (formerly Meridian Oil Inc.) all Federal oil and gas rights and interests identified on a map entitled the "Billings County, North Dakota, Consolidated Mineral Exchange--November 1995," contingent on Burlington's conveyance to the Secretary of title to its own oil and gas rights and interests identified on the same map. States that the values of such exchanged oil and gas rights shall be deemed to be equal.
Directs the Secretary, after Burlington makes such conveyance, to convey all remaining Federal non-oil and gas mineral rights, title, and interests in the National Forest System lands and National Grasslands in the State of North Dakota, to owners of the remaining non-oil and gas mineral interests identified on such map, contingent on the owners' conveyance to the Secretary of all their rights, title, and interests. States that the values of such exchanged interests shall be approximately equal, as determined by the Secretary.
Directs the Secretary to grant to Burlington the use of federally-owned surface lands to explore and develop interests conveyed to Burlington under this Act. | To consolidate certain mineral interests in the National Grasslands in Billings County, North Dakota, through the exchange of Federal and private mineral interests to enhance land management capabilities and environmental and wildlife protection, and for other purposes. |
SECTION 1. PRIORITY TO STATES FOR THE TRANSFER OF NONLETHAL EXCESS
SUPPLIES OF THE DEPARTMENT OF DEFENSE.
Section 2547 of title 10, United States Code, is amended--
(1) in subsection (a), by striking out ``The Secretary of
Defense'' and inserting in lieu thereof ``Subject to subsection
(d), the Secretary of Defense'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection (d):
``(d) Nonlethal excess supplies of the Department of Defense shall
be made available to a State, a local government of a State, a
Territory, or a possession, upon the request of the State, local
government, Territory, or possession pursuant to authority provided in
another provision of law, before such supplies are made available for
humanitarian relief purposes under this section. The President may make
such supplies available for humanitarian purposes before such supplies
are made available to a State, local government, Territory, or
possession under this subsection in order to respond to an emergency
for which such supplies are especially suited.''.
SEC. 2. AUTHORITIES OF SECRETARY OF DEFENSE REGARDING DISPOSAL OF
EXCESS AND SURPLUS PROPERTY.
(a) Support of Counter Drug Activities.--Section 1208(a)(1) of the
National Defense Authorization Act for Fiscal Years 1990 and 1991
(Public Law 101-189; 10 U.S.C. 372 note) is amended by inserting ``and
excluding motor vehicles'' after ``small arms and ammunition''.
(b) Support for Regional Equipment Centers.--
(1) Newport township center.--Section 210 of Public Law
101-302 (104 Stat. 220) is repealed.
(2) Cambria county center.--Section 9148 of Public Law 102-
396 (106 Stat. 1941) is repealed.
SEC. 3. TRANSFERS OF PROPERTY FOR ENVIRONMENTAL PROTECTION IN FOREIGN
COUNTRIES.
Section 608(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2357(d)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) by striking ``(d) The'' and inserting ``(d)(1) Except
as provided in paragraph (2), the''; and
(3) by adding at the end the following:
``(2) No property may be transferred under paragraph (1) unless the
Administrator of General Services determines that there is no Federal
or State use requirements for the property under any other provision of
law.''.
SEC. 4. AMENDMENT TO SMALL BUSINESS ACT.
Section 7(j)(13)(F) of the Small Business Act (15 U.S.C.
636(j)(13)(F)) is amended by adding at the end the following: ``This
subparagraph shall be carried out under the supervision of the
Administrator of General Services in consultation with State agencies
responsible for the distribution of surplus property.''.
SEC. 5. DEPARTMENT OF ENERGY SCIENCE EDUCATION ENHANCEMENT ACT
AMENDMENT.
Section 3166(b) of the Department of Energy Science Education
Enhancement Act (42 U.S.C. 7381e(b)) is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively.
SEC. 6. STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980 AMENDMENT.
(a) Repeal.--Section 11(i) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710(i)) is repealed.
(b) Delegation of Authority to Directors of Federal Laboratories.--
Section 203(j) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 484(j)) is amended by adding at the end the
following new paragraph:
``(6) Under such regulations as the Administrator may prescribe,
the Administrator may delegate to the director of any Federal
laboratory (as defined in section 12(d)(2) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(2)) the authority
of the Administrator under this subsection with respect to the transfer
and disposal of scientific and technical surplus property under the
management or control of that Federal laboratory, if the director of
the Federal laboratory certifies that the equipment is needed by an
educational institution or nonprofit organization for the conduct of
scientific and technical education and research.''.
SEC. 7. REPORT ON DISPOSAL AND DONATION OF SURPLUS PERSONAL PROPERTY.
No later than 180 days after the date of the enactment of this Act,
the Administrator of General Services shall review all statutes
relating to the disposal and donation of surplus personal property and
submit to the Congress a report on such statutes including--
(1) the effectiveness of programs administered under such
statutes (except for any program that grants access to personal
property by local communities impacted by the closure of a
military base), and the amount and type of property
administered under each such program during fiscal years 1993
and 1994; and
(2) legislative recommendations to integrate and
consolidate all such programs to be administered by a single
Federal authority working with State agencies while
accomplishing the purposes of such programs. | Revises various specified Federal laws concerning the transfer, disposal, and distribution of certain surplus Federal property by the Department of Defense (DOD) and other specified Federal agencies. Gives State and local governments priority over foreign countries in receiving nonlethal excess DOD supplies before they are made available for humanitarian relief purposes.
Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to exclude motor vehicles from the personal property DOD may transfer to Federal and State agencies for counter-drug activities.
Repeals the mandate for DOD participation in infrastructure improvement demonstration programs conducted by Regional Equipment Centers in Newport Township and Cambria County, Pennsylvania.
Amends the Foreign Assistance Act of 1961, with respect to the transfer of property for environmental protection in foreign countries, to prohibit such transfers unless the Administrator of General Services (GSA Administrator) determines that there is no Federal or State use requirements for the property under any other provision of law. Amends the Small Business Act to subject to the supervision of the GSA Administrator, in consultation with State agencies responsible for surplus property distribution, the transfer of U.S.-owned technology or surplus property to participants in the small business and capital ownership development program.
Repeals the authority of the Secretary of Energy to transfer surplus equipment to an educational institution with which it has a partnership agreement.
Amends the Stevenson-Wydler Technology Innovation Act of 1980 to repeal the authority of a Federal agency head or the director of a Federal laboratory to give excess research equipment to an educational institution or nonprofit organization. Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of General Services to delegate such transfer authority to the director of a Federal laboratory. Requires the Administrator of General Services to review all such laws for a report to the Congress on the effectiveness of surplus personal property disposal programs along with recommendations for consolidating them under a single Federal authority. | A bill to provide that certain Federal property shall be made available to States for State use before being made available to other entities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserve
Educational Benefits Fairness Act of 2007''.
SEC. 2. EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL FOR MEMBERS
OF THE NATIONAL GUARD AND RESERVE WHO SERVE EXTENDED
PERIOD OF CONTINUOUS ACTIVE DUTY THAT INCLUDE A PROLONGED
PERIOD OF SERVICE IN CERTAIN THEATERS OF OPERATION.
(a) Basic Educational Assistance for Certain Members of the
National Guard and Reserve.--
(1) In general.--Chapter 30 of title 38, United States
Code, is amended by inserting after section 3012 the following
new section:
``Sec. 3012A.\\ Basic educational assistance entitlement for members of
the National Guard and Reserve for extended service on
active duty that includes prolonged service in certain
theaters of operation
``(a) An individual--
``(1) who as a Reserve (including as a member of the
National Guard)--
``(A) on or after September 11, 2001, serves a
period of active duty of at least 20 months of
continuous active duty in the Armed Forces; and
``(B) during the period of active duty service
described in subparagraph (A), serves a period of not
less than 12 months in a theater of operations
designated by the Secretary of Defense for purposes of
this section;
``(2) who completes the requirements of a secondary school
diploma (or equivalency certificate), or successfully completes
(or otherwise receives academic credit for) the equivalent of
12 semester hours in a program of education leading to a
standard college degree, before applying for benefits under
this section; and
``(3) who, after completion of the service described in
paragraph (1)--
``(A) is discharged from service with an honorable
discharge, is placed on the retired list, or is
transferred to the Standby Reserve after service as a
Reserve (including service as a member of the National
Guard) characterized by the Secretary concerned as
honorable; or
``(B) continues service as a Reserve (including as
a member of the National Guard);
is entitled to basic educational assistance under this chapter.
``(b)(1) An individual described by paragraph (1) of subsection (a)
who seeks entitlement under this section to basic educational
assistance under this chapter shall notify the Secretary of an election
of entitlement to assistance under this chapter in such form and manner
as the Secretary and the Secretary of Defense shall jointly prescribe
for purposes of this section.
``(2) A notice of election under paragraph (1) shall be made at
such time or times as the Secretary and the Secretary of Defense shall
jointly prescribe for purposes of this section.
``(3) Notwithstanding a notice of election under paragraph (1), an
individual covered by that paragraph is not entitled to basic
educational assistance under this chapter unless and until the
individual satisfies the requirements of paragraphs (2) and (3) of
subsection (a).
``(c)(1)(A) In the case of an individual making a notice of
election under subsection (b) who is on active duty in the Armed Forces
at the time of such notice, the basic pay of such individual shall be
reduced by $100 for each month following the month of the notice during
which the individual remains on active duty in the Armed Forces until
the number of months of such reduction equals 12 months.
``(B) If an individual covered by this paragraph ceases to be on
active duty in the Armed Forces before the number of months of
reduction in basic pay under subparagraph (A) equals 12 months, the
Secretary of Defense shall collect from the individual, before the
individual commences receipt of basic educational assistance under this
chapter, an amount equal to--
``(i) $1,200; minus
``(ii) the aggregate amount of the reduction in basic pay
of the individual under subparagraph (A).
``(2) In the case of an individual making a notice of election
under subsection (b) who is not on active duty in the Armed Forces at
the time of such notice, the Secretary of Defense shall collect from
the individual, before the individual commences receipt of basic
educational assistance under this chapter, an amount equal to $1,200.
The Secretary of Defense may collect any portion of such amount through
reductions in basic pay in accordance with paragraph (1)(A) if the
individual returns to active duty in the Armed Forces after making the
notice of election but before the collection of such amount by the
Secretary of Defense.
``(3)(A) Any amount by which the basic pay of an individual is
reduced under this subsection shall revert to the Treasury and shall
not, for purposes of any Federal law, be considered to have been
received by or to be within the control of the individual.
``(B) Any amount collected by the Secretary of Defense under this
subsection shall be deposited into the Treasury as miscellaneous
receipts.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 30 of such title is amended by inserting
after the item relating to section 3012 the following new item:
``3012A.\\ Basic educational assistance entitlement for members of the
National Guard and Reserve for extended
service on active duty that includes
prolonged service in certain theaters of
operation.''.
(b) Duration of Basic Educational Assistance.--Section 3013 of such
title is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Subject to section 3695 of this title, each individual
entitled to basic educational assistance under section 3012A of this
title is entitled to 36 months of educational assistance benefits under
this chapter (or the equivalent thereof in part-time educational
assistance.''.
(c) Amount of Assistance.--
(1) In general.--Section 3015 of such title is amended by
adding at the end the following new subsection:
``(i) The amount of basic educational allowance payable under this
chapter to an individual entitled to an educational assistance
allowance under section 3012A of this title is the amount determined
under subsection (a).''.
(2) Conforming amendment.--Section 3014(b)(2)(C) of such
title is amended by striking ``or (e)(1)'' and inserting
``(e)(1), or (i)(1)''. | National Guard and Reserve Educational Benefits Fairness Act of 2007 - Provides educational assistance under the Montgomery GI Bill for members of the National Guard and Reserve for extended service on continuous active duty that includes prolonged service in certain theaters of operation. | A bill to amend title 38, United States Code, provide educational assistance under the Montgomery GI Bill for members of the National Guard and Reserve who serve extended period of continuous active duty that include a prolonged period of service in certain theaters of operation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Credit System Agricultural
Export and Risk Management Act''.
SEC. 2. PARTICIPATION DEFINED.
Section 3.1(11)(B) of the Farm Credit Act of 1971 (12 U.S.C.
2122(11)(B)) is amended by adding at the end the following new clause:
``(iv) As used in this subparagraph, the term `participate' or
`participation' refers to multilender transactions, including
syndications, assignments, loan participations, subparticipations, or
other forms of the purchase, sale, or transfer of interests in loans,
other extensions of credit, or other technical and financial
assistance.''.
SEC. 3. AGRICULTURAL EXPORT FINANCING.
Section 3.7(b) of the Farm Credit Act of 1971 (12 U.S.C. 2128(b))
is amended--
(A) in paragraph (1)--
(i) by striking ``assistance to (A)'' and inserting
``assistance to'';
(ii) by striking ``the export or'' and inserting ``the'';
and
(iii) by striking ``and (B)'' and all that follows through
``subparagraph (A): Provided, That a'' and inserting ``if
the''; and
(B) by striking paragraph (2) and inserting the following new
paragraph:
``(2)(A) A bank for cooperatives may make or participate in loans
and commitments to, and extend other technical and financial assistance
to--
``(i) any domestic or foreign party for the export, including
(where applicable) the cost of freight, of agricultural commodities
or products thereof, farm supplies, or aquatic products from the
United States under policies and procedures established by the bank
to ensure that the commodities, products, or supplies are
originally sourced, where reasonably available, from one or more
eligible cooperative associations described in section 3.8(a) on a
priority basis, except that if the total amount of the balances
outstanding on loans made by a bank under this clause that--
``(I) are made to finance the export of commodities,
products, or supplies that are not originally sourced from a
cooperative, and
``(II) are not guaranteed or insured, in an amount equal to
at least 95 percent of the amount loaned, by a department,
agency, bureau, board, commission, or establishment of the
United States or a corporation wholly-owned directly or
indirectly by the United States,
exceeds an amount that is equal to 50 percent of the bank's
capital, then a sufficient interest in the loans shall be sold by
the bank for cooperatives to commercial banks and other non-System
lenders to reduce the total amount of such outstanding balances to
an amount not greater than an amount equal to 50 percent of the
bank's capital; and
``(ii) except as provided in subparagraph (B), any domestic or
foreign party in which an eligible cooperative association
described in section 3.8(a) (including, for the purpose of
facilitating its domestic business operations only, a cooperative
or other entity described in section 3.8(b)(1)(A)) has an ownership
interest, for the purpose of facilitating the domestic or foreign
business operations of the association, except that if the
ownership interest by an eligible cooperative association, or
associations, is less than 50 percent, the financing shall be
limited to the percentage held in the party by the association or
associations.
``(B) A bank for cooperatives shall not use the authority provided
in subparagraph (A)(ii) to provide financial assistance to a party for
the purpose of financing the relocation of a plant or facility from the
United States to another country.''.
SEC. 4. CONFORMING AMENDMENT.
Section 3.8(b)(1) of the Farm Credit Act of 1971 (12 U.S.C.
2129(b)(1)) is amended--
(A) by striking subparagraph (B);
(B) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (B), (C), and (D), respectively; and
(C) by aligning the margin of subparagraph (D) (as so
redesignated) so as to align with the margin of subparagraph (C)
(as so redesignated).
SEC. 5. LOAN PARTICIPATION AUTHORITY FOR FARM CREDIT BANKS AND DIRECT
LENDER ASSOCIATIONS.
In General.--Title IV of the Farm Credit Act of 1971 (12 U.S.C.
2151 et seq.) is amended by inserting after section 4.18 (12 U.S.C.
2206) the following new section:
``SEC. 4.18A. AUTHORITY OF FARM CREDIT BANKS AND DIRECT LENDER
ASSOCIATIONS TO PARTICIPATE IN LOANS TO SIMILAR ENTITIES
FOR RISK MANAGEMENT PURPOSES.
``(a) Definitions.--As used in this section:
``(1) Participate and participation.--The terms `participate'
and `participation' shall have the meaning provided in section
3.1(11)(B)(iv).
``(2) Similar entity.--The term `similar entity' means a person
that--
``(A) is not eligible for a loan from the Farm Credit Bank
or association; and
``(B) has operations that are functionally similar to a
person that is eligible for a loan from the Farm Credit Bank or
association in that the person derives a majority of the income
of the person from, or has a majority of the assets of the
person invested in, the conduct of activities that are
functionally similar to the activities that are conducted by an
eligible person.
``(b) Loan Participation Authority--Notwithstanding any other
provision of this Act, any Farm Credit Bank or direct lender
association chartered under this Act may participate in any loan of a
type otherwise authorized under title I or II made to a similar entity
by any person in the business of extending credit, except that a Farm
Credit Bank or direct lender association may not participate in a loan
under this section if--
``(1) the participation would cause the total amount of all
participations by the Farm Credit Bank or association under this
section involving a single credit risk to exceed 10 percent (or the
applicable higher lending limit authorized under regulations issued
by the Farm Credit Administration if the stockholders of the
respective Farm Credit Bank or association so approve) of the total
capital of the Farm Credit Bank or association;
``(2) the participation by the Farm Credit Bank or association
would equal or exceed 50 percent of the principal of the loan or,
when taken together with participations in the loan by other Farm
Credit System institutions, would cause the cumulative amount of
the participations by all Farm Credit System institutions in the
loan to equal or exceed 50 percent of the principal of the loan;
``(3) the participation would cause the cumulative amount of
participations that the Farm Credit Bank or association has
outstanding under this section to exceed 15 percent of the total
assets of the Farm Credit Bank or association; or
``(4) the loan is of the type authorized under section 1.11(b)
or 2.4(a)(2).
``(c) Prior Approval Required.--
``(1) In general.--With respect to a similar entity that is
eligible to borrow from a bank for cooperatives under title III,
the authority of a Farm Credit Bank or association to participate
in a loan to the entity under this section shall be subject to the
prior approval of the bank for cooperatives having, at the time the
loan is made, the greatest loan volume in the State in which the
headquarters office of the similar entity is located.
``(2) Terms and conditions.--Approval under paragraph (1) may
be granted on an annual basis and under such terms and conditions
as may be agreed on between the Farm Credit Bank or association, as
the case may be, and the bank for cooperatives granting the
approval.
``(3) Approval by supervising farm credit bank.--An association
may not participate in a loan to a similar entity under this
section without the approval of the supervising Farm Credit Bank of
the association.''.
SEC. 6. CONFORMING AMENDMENTS.
Section 3.1(11)(B)(i)(I)(bb) of the Farm Credit Act of 1971 (12
U.S.C. 2122(11)(B)(i)(I)(bb)) is amended--
(A) by striking ``the other banks for cooperatives under this
subparagraph'' and inserting ``other Farm Credit System
institutions''; and
(B) by striking ``all banks for cooperatives'' and inserting
``all Farm Credit System institutions''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Farm Credit System Agricultural Export and Risk Management Act - Amends the Farm Credit Act of 1971 to permit banks for cooperatives to participate in agricultural export financing arrangements with domestic or foreign businesses.
Prohibits the financing of a U.S. facility's foreign relocation.
Authorizes a Farm Credit Bank or direct lender association to participate in loans to similar but non-Farm Credit System entities for risk management purposes. Requires supervising Farm Credit Bank approval. | Farm Credit System Agricultural Export and Risk Management Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Birth Parent Assistance Act of
2009''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to enhance post-placement services for birth parents
who have placed a child for adoption;
(2) to initiate or enhance post-placement counseling
services for birth parents who have placed a child for
adoption; and
(3) to identify how post-placement services for birth
parents who have placed a child for adoption can be improved.
SEC. 3. AUTHORIZATION OF POST-ADOPTION SERVICES FOR BIRTH PARENTS.
(a) Services Authorized.--The Secretary of Health and Human
Services shall, either directly or by grant to or contract with the
eligible entities described in subsection (b), provide services
described in subsection (c) for birth parents who have placed a child
for adoption.
(b) Eligible Entities.--The eligible entities referred to in
subsection (a) are States, local governmental entities, and public or
private agencies or organizations, including public or private licensed
child welfare or adoption agencies or adoptive family groups and faith-
based organizations.
(c) Types of Services.--The types of services referred to in
subsection (a) are--
(1) post-legal adoption services for birth parents;
(2) counseling services for birth parents who have placed a
child for adoption, including--
(A) individual counseling;
(B) group counseling; and
(C) family counseling; and
(3) training of mental health professionals, social
workers, and staff at hospitals and other appropriate birth
care facilities relating to interaction of such individuals
with birth parents and adoptive families.
(d) Application.--Each eligible entity referred to in subsection
(a) that desires to receive a grant or enter into a contract with the
Secretary under subsection (a) shall submit an application to the
Secretary that describes the manner in which the entity will use funds
under the grant or contract during the 3 fiscal years subsequent to the
date of the application to accomplish the purposes of this section.
Such application shall be in a form and manner determined to be
appropriate by the Secretary.
(e) Reports.--The Secretary shall require each eligible entity
referred to in subsection (a) that receives a grant or enters into a
contract with the Secretary under subsection (a) to submit to the
Secretary a report on the services provided or activities carried out
by the entity for each fiscal year for which the entity receives
amounts under the grant or contract. The report shall contain such
information as the Secretary determines is necessary to provide an
accurate description of the services provided or activities carried out
with such amounts.
(f) Services To Supplement and Not Supplant.--Services provided
under a grant or contract under subsection (a) shall supplement, and
not supplant, services provided using any other funds made available
for the same general purposes.
(g) Technical Assistance and Administrative Provisions.--The
Secretary shall--
(1) provide technical assistance to eligible entities
referred to in subsection (a) that receive a grant or enter
into a contract with the Secretary under subsection (a) for
purposes of providing the services described in subsection (c);
(2) as appropriate, coordinate the provision of services
described in subsection (c) with other adoption-related
research, training, services, and assistance activities carried
out by the Department of Health and Human Services; and
(3) either directly, or by grant to or contract with a
public or private agency or organization--
(A) evaluate the implementation and effectiveness
of the provision of services described in subsection
(c) and other activities carried out under this
section;
(B) identify different post-placement services
provided for birth parents, the availability and
utilization of such services, and how post-placement
services might be improved; and
(C) not later than 3 years after the date of the
enactment of this Act, submit to Congress a report
that contains the results of the evaluation under
subparagraph (A) and the information described in
subparagraph (B).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--To carry out this Act, there are authorized to be
appropriated to the Secretary of Health and Human Services--
(1) $30,000,000 for fiscal year 2010; and
(2) such sums as may be necessary for each of the fiscal
years 2011 through 2014.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended. | Birth Parent Assistance Act of 2009 - Authorizes the Secretary of Health and Human Services to provide certain services for birth parents who have placed a child for adoption, either directly or by grant to or contract with state or local governmental entities or public or private agencies or organizations, including licensed child welfare or adoption agencies or adoptive family groups and faith-based organizations.
Specifies such services for birth parents as: (1) post-legal adoption services; (2) individual, group, and family counseling; and (3) training of mental health professionals, social workers, and staff at hospitals and other appropriate birth care facilities relating to their interaction with birth parents and adoptive families. | To authorize the Secretary of Health and Human Services to provide services for birth parents who have placed a child for adoption, and for other purposes. |
SECTION 1. FIRST-TIME HOMEBUYER CREDIT FOR EMPOWERMENT ZONES AND
ENTERPRISE COMMUNITIES.
(a) In General.--Subchapter U of chapter 1 of the Internal Revenue
Code of 1986 (relating to additional incentives for empowerment zones)
is amended by redesignating part V as part VI, by redesignating section
1397F as section 1397G, and by inserting after part IV the following
new part:
``Part V--First-Time Homebuyer Credit
``Sec. 1397F. First-time homebuyer
credit.
``SEC. 1397F. FIRST-TIME HOMEBUYER CREDIT.
``(a) Allowance of Credit.--In the case of an individual who is a
first-time homebuyer of a principal residence in an empowerment zone or
an enterprise community during any taxable year, there shall be allowed
as a credit against the tax imposed by this chapter for the taxable
year an amount equal to so much of the purchase price of the residence
as does not exceed $2,000.
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount allowable as a credit under
subsection (a) (determined without regard to this subsection)
for the taxable year shall be reduced (but not below zero) by
the amount which bears the same ratio to the credit so
allowable as--
``(A) the excess (if any) of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $70,000 ($110,000 in the case of a
joint return), bears to
``(B) $20,000.
``(2) Modified adjusted gross income.--For purposes of
paragraph (1), the term `modified adjusted gross income' means
the adjusted gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income under
section 911, 931, or 933.
``(c) First-Time Homebuyer.--For purposes of this section--
``(1) In general.--The term `first-time homebuyer' means
any individual if such individual (and if married, such
individual's spouse) had no present ownership interest in a
principal residence in either an empowerment zone or an
enterprise community during the 1-year period ending on the
date of the purchase of the principal residence to which this
section applies.
``(2) One-time only.--If an individual is treated as a
first-time homebuyer with respect to any principal residence,
such individual may not be treated as a first-time homebuyer
with respect to any other principal residence.
``(3) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(d) Carryover of Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section), such excess
shall be carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(e) Special Rules.--For purposes of this section, rules similar
to the rules of subsections (e), (f), (g), and (h) of section 1400C
shall apply.
``(f) Application of Section.--This section shall apply to property
purchased after the date of the enactment of this section and before
January 1, 2001.''
(b) Conforming Amendments.--
(1) Subsection (d) of section 39 of such Code is amended by
adding at the end the following new paragraph:
``(9) No carryback of empowerment zone-enterprise community
first-time homebuyer credit before effective date.--No portion
of the unused business credit for any taxable year which is
attributable to the first-time homebuyer credit determined
under section 1397F may be carried back to a taxable year
ending before the date of the enactment of section 1397F.''
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (26), by striking
the period at the end of paragraph (27) and inserting ``,
and'', and by adding at the end thereof the following new
paragraph:
``(28) in the case of a residence with respect to which a
credit was allowed under section 1397F, to the extent provided
under such section 1397F.''
(c) Conforming Amendments.--
(1) The table of parts for subchapter U of chapter 1 of
such Code is amended by striking the last item and inserting
the following:
``Part V. First-time homebuyer credit.
``Part VI. Regulations.''.
(2) The table of sections for part VI of such Code, as so
redesignated, is amended to read as follows:
``Sec. 1397G. Regulations.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to permit a limited tax credit to a first-time purchaser of a principal residence in an enterprise zone or an empowerment community. | To amend the Internal Revenue Code of 1986 to provide a credit for the purchase of a principal residence within an empowerment zone or enterprise community by a first-time homebuyer. |
SECTION 1. INTERIM PATENT EXTENSIONS.
Section 156(d) of title 35, United States Code, is amended--
(1) in the second sentence of paragraph (1) by striking
``Such'' and inserting ``Except as provided in paragraph (5),
such''; and
(2) by adding at the end the following new paragraph:
``(5)(A) If the owner of record of the patent or its agent
reasonably expects that the applicable regulatory review period
described in paragraph (1)(B)(ii), (2)(B)(ii), (3)(B)(ii), (4)(B)(ii),
or (5)(B)(ii) of subsection (g) that began for a product that is the
subject of such patent may extend beyond the expiration of the patent
term in effect, the owner or its agent may submit an application to the
Commissioner for an interim extension during the period beginning 6
months, and ending 30 days, before such term is due to expire. The
application shall contain--
``(i) the identity of the product subject to regulatory
review and the Federal statute under which such review is
occurring;
``(ii) the identity of the patent for which interim
extension is being sought and the identity of each claim of
such patent which claims the product under regulatory review or
a method of using or manufacturing the product;
``(iii) information to enable the Commissioner to determine
under subsection (a)(1), (2), and (3) the eligibility of a
patent for extension;
``(iv) a brief description of the activities undertaken by
the applicant during the applicable regulatory review period to
date with respect to the product under review and the
significant dates applicable to such activities; and
``(v) such patent or other information as the Commissioner
may require.
``(B) If the Commissioner determines that, except for permission to
market or use the product commercially, the patent would be eligible
for an extension of the patent term under this section, the
Commissioner shall publish in the Federal Register a notice of such
determination, including the identity of the product under regulatory
review, and shall issue to the applicant a certificate of interim
extension for a period of not more than 1 year.
``(C) The owner of record of a patent, or its agent, for which an
interim extension has been granted under subparagraph (B), may apply
for not more than 4 subsequent interim extensions under this paragraph.
Each such subsequent application shall be made during the period
beginning 60 days before, and ending 30 days before, the expiration of
the preceding interim extension.
``(D) Each certificate of interim extension under this paragraph
shall be recorded in the official file of the patent and shall be
considered part of the original patent.
``(E) Any interim extension granted under this paragraph shall
terminate at the end of the 60-day period beginning on the date on
which the product involved receives permission for commercial marketing
or use, except that, if within that 60-day period the applicant
notifies the Commissioner of such permission and submits any additional
information under paragraph (1) of this subsection not previously
contained in the application for interim extension, the patent shall be
further extended in accordance with the provisions of this section, not
to exceed 5 years from the date of expiration of the original patent
term.
``(F) The rights derived from any patent the term of which is
extended under this paragraph shall, during the period of interim
extension--
``(i) in the case of a patent which claims a product, be
limited to any use then under regulatory review;
``(ii) in the case of a patent which claims a method of
using a product, be limited to any use claimed by the patent
then under regulatory review; and
``(iii) in the case of a patent which claims a method of
manufacturing a product, be limited to the method of
manufacturing as used to make the product then under regulatory
review.''.
SEC. 2. CONFORMING AMENDMENTS.
Section 156 of title 35, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``(d)'' and
inserting ``(d)(1)''; and
(B) in paragraph (3) by striking ``subsection (d)''
and inserting ``paragraphs (1) through (4) of
subsection (d)'';
(2) in subsection (b) by striking ``The rights'' and
inserting ``Except as provided in subsection (d)(5)(F), the
rights''; and
(3) in subsection (e)--
(A) in paragraph (1) by striking ``subsection (d)''
and inserting ``paragraphs (1) through (4) of
subsection (d)''; and
(B) in paragraph (2) by striking ``(d)'' and
inserting ``(d)(1)''. | Authorizes the owner of record of a product patent who expects that the applicable regulatory review period for the product may extend beyond the patent term to submit, during the period beginning six months and ending 30 days before the term is due to expire, an application to the Commissioner of Patents and Trademarks for an interim extension. Permits up to four subsequent interim extensions.
Requires any interim extension to terminate at the end of the 60-day period beginning on the date on which the product involved receives permission for commercial marketing or use unless the applicant submits specified additional information not previously contained in the interim extension application in which case the patent shall be extended for up to five years from the expiration date of the original patent term. | To amend section 156 of title 35, United States Code, to provide for the interim extension of patents subject to that section. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Winning the Peace Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) President George W. Bush has stated that the United
States security strategy takes into account the fact that
``America is now threatened less by conquering states than we
are by failing ones''.
(2) Failed states can provide safe haven for a diverse
array of transnational threats, including terrorist networks,
militia and warlords, global organized crime, and narcotics
traffickers who threaten the security of the United States and
the allies of the United States.
(3) The inability of the authorities in a failed state to
provide basic services can create or contribute to humanitarian
emergencies.
(4) It is in the interest of the United States and the
international community to bring conflict and humanitarian
emergencies stemming from failed states to a lasting and
sustainable close.
(5) Since the end of the Cold War, United States military,
diplomatic, and humanitarian personnel have been engaged in
major post-conflict reconstruction efforts in such places as
Iraq, Bosnia, Kosovo, Somalia, Haiti, Rwanda, East Timor, and
Afghanistan.
(6) Assisting failed states in emerging from violent
conflict is a complex and long-term task, as demonstrated by
the experience that 50 percent of such states emerging from
conditions of violent conflict slip back into violence within 5
years.
(7) In 2003, the bipartisan Commission on Post-Conflict
Reconstruction created by the Center for Strategic and
International Studies and the Association of the United States
Army, released a report explaining that ``United States
security and development agencies still reflect their Cold War
heritage. The kinds of complex crises and the challenge of
failed states encountered in recent years do not line up with
these outdated governmental mechanisms. If regional stability
is to be maintained, economic development advanced, lives
saved, and transnational threats reduced, the United States and
the international community must develop a strategy and enhance
capacity for pursuing post-conflict reconstruction.''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Director.--The term ``Director'' means a Director of
Reconstruction for a country or region designated by the
President under section 4.
(3) Reconstruction services.--The term ``reconstruction
services'' means activities related to rebuilding, reforming,
or establishing the infrastructure processes or institutions of
a country that has been affected by an armed conflict,
including services related to--
(A) security and public safety, including--
(i) disarmament, demobilization, and
reintegration of combatants;
(ii) training and equipping civilian police
force; and
(iii) training and equipping of national
armed forces;
(B) justice, including--
(i) developing rule of law and legal,
judicial, and correctional institutions;
(ii) preventing human rights violations;
(iii) bringing war criminals to justice;
(iv) supporting national reconciliation
processes; and
(v) clarifying property rights;
(C) governance, including--
(i) reforming or developing civil
administration and other government
institutions;
(ii) restoring performance of basic civil
functions, such as schools, health clinics, and
hospitals; and
(iii) establishing processes of governance
and participation; and
(D) economic and social well-being, including--
(i) providing humanitarian assistance;
(ii) constructing or repairing
infrastructure;
(iii) developing national economic
institutions and activities, such as a banking
system; and
(iv) encouraging wise stewardship of
natural resources for the benefit of the
citizens of such country.
SEC. 4. DIRECTOR OF RECONSTRUCTION POSITIONS.
(a) Authorization of Positions.--The President is authorized to
designate an individual who is a civilian as the Director of
Reconstruction for each country or region in which--
(1) units of the United States Armed Forces have engaged in
armed conflict; or
(2) as a result of armed conflict, the country or region
will receive reconstruction services from the United States
Government.
(b) Authority To Provide Reconstruction Services.--Notwithstanding
any provision of law, other than section 553 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2003
(division E of Public Law 108-7; 117 Stat. 200), the President is
authorized to provide reconstruction services for any country or region
for which a Director has been designated under subsection (a).
(c) Duties.--A Director who is designated for a country or region
under subsection (a) shall provide oversight and coordination of, have
decision making authority for, and consult with Congress regarding, all
activities of the United States Government that are related to
providing reconstruction services in such country or region, including
implementing complex, multidisciplinary post-conflict reconstruction
programs in such country or region.
(d) Coordination.--A Director shall coordinate with the
representatives of the country or region where the Director is
overseeing and coordinating the provision of reconstruction services,
and any foreign government, multilateral organization, or
nongovernmental organization that is providing services to such country
or region--
(1) to avoid providing reconstruction services that
duplicate any such services that are being provided by a person
or government other than the United States Government;
(2) to capitalize on civil administration systems and
capabilities available from such person or government; and
(3) to utilize individuals or entities with expertise in
providing reconstruction services that are available through
such other person or government.
(e) Support Services.--The Secretary of State is authorized to
establish within the Department of State a permanent office to provide
support, including administrative services, to each Director designated
under subsection (a).
SEC. 5. INTERNATIONAL EMERGENCY MANAGEMENT OFFICE.
(a) Authorization.--The Administrator is authorized to establish
within the United States Agency for International Development an Office
of International Emergency Management for the purposes described in
subsection (b).
(b) Purposes.--
(1) In general.--The purposes of the Office authorized by
subsection (a) shall be--
(A) to develop and maintain a database of
individuals or entities that possess expertise in
providing reconstruction services; and
(B) to provide support for mobilizing such
individuals and entities to provide a country or region
with services applying such expertise when requested by
the Director for such country or region.
(2) Experts.--The individuals or entities referred to in
paragraph (1) may include employees or agencies of the Federal
Government, any other government, or any other person,
including former Peace Corps volunteers or civilians located in
the affected country or region.
SEC. 6. INTEGRATED SECURITY SUPPORT COMPONENT.
(a) Sense of Congress Regarding the Creation of an Integrated
Security Support Component of NATO.--It is the sense of Congress that--
(1) the Secretary of State and the Secretary of Defense
should present to the North Atlantic Council a proposal to
establish within the North Atlantic Treaty Organization an
Integrated Security Support Component to train and equip
selected units within the North Atlantic Treaty Organization to assist
in providing security in countries or regions that require
reconstruction services; and
(2) if such a Component is established, the President
should commit United States personnel to participate in such
Component, after appropriate consultation with Congress.
(b) Authority To Participate in an Integrated Support Component.--
(1) In general.--If the North Atlantic Council establishes
an Integrated Security Support Component, as described in
subsection (a), the President is authorized to commit United
States personnel to participate in such Component, after
appropriate consultation with Congress.
(2) Capabilities.--The units composed of United States
personnel participating in such Component pursuant to the
authority in paragraph (1) should be capable of--
(A) providing for security of a civilian
population, including serving as a police force; and
(B) providing for the performance of public
functions and the execution of security tasks such as
control of belligerent groups and crowds, apprehending
targeted persons or groups, performing anti-corruption
tasks, and supporting police investigations.
SEC. 7. TRAINING CENTER FOR POST-CONFLICT RECONSTRUCTION OPERATIONS.
(a) Establishment.--The Secretary of State shall establish within
the Department of State an interagency Training Center for Post-
Conflict Reconstruction Operations for the purposes described in
subsection (b).
(b) Purposes.--The purposes of the Training Center authorized by
subsection (a) shall be to--
(1) train interagency personnel in assessment, strategy
development, planning, and coordination related to providing
reconstruction services;
(2) develop and certify experts in fields related to
reconstruction services who could be called to participate in
operations in countries or regions that require such services;
(3) provide training to individuals who will provide
reconstruction services in a country or region;
(4) develop rapidly deployable training packages for use in
countries or regions in need of reconstruction services; and
(5) conduct reviews of operations that provide
reconstruction services for the purpose of--
(A) improving subsequent operations to provide such
services; and
(B) developing appropriate training and education
programs for individuals who will provide such
services.
SEC. 8. REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to Congress a report on the actions
planned to be taken to carry out the provisions of this Act. | Winning the Peace Act of 2003 - Authorizes the President to designate a civilian Director of Reconstruction for each country or region in which: (1) units of the U.S. Armed Forces have engaged in armed conflict; or (2) as a result of armed conflict, the country or region will receive reconstruction services from the U.S. Government.
Authorizes the President to provide reconstruction services for any country or region for which such Director has been designated.
Authorizes the Administrator of the U.S. Agency for International Development to establish an Office of International Emergency Management for such reconstruction services.
Expresses the sense of Congress that: (1) the Secretary of State and the Secretary of Defense should present to the North Atlantic Council a proposal to establish within the North Atlantic Treaty Organization (NATO) an Integrated Security Support Component to train and equip selected units within NATO to assist in providing security in countries or regions requiring reconstruction services; and (2) if such a Component is established, the President should commit U.S. personnel to participate in it, after appropriate consultation with Congress.
Authorizes the President to commit U.S. personnel to participate in an Integrated Security Support Component if the North Atlantic Council establishes one.
Instructs the Secretary of State to establish within the Department of State an interagency Training Center for Post-Conflict Reconstruction Operations. | A bill to increase the capabilities of the United States to provide reconstruction assistance to countries or regions impacted by armed conflict, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sacramento Valley Water Storage and
Restoration Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The State of California and much of the West are
experiencing one of the driest years on record, exacerbating
water supply problems caused by a lack of surface water storage
infrastructure. The drought conditions have caused reductions
in water supplies to almost all water users in the State.
(2) The Sites Project has been identified by the State of
California and the Federal Government as an important component
to integrated water management in the Sacramento Valley that
would advance the co-equal objectives of improving water
management and restoring ecological health for beneficial uses
of the Sacramento-San Joaquin Delta and the Sacramento River
watershed.
(3) Among other things, the Sites Project would--
(A) increase surface water storage to enhance water
management flexibility in the Sacramento Valley;
(B) provide flood control benefits;
(C) improve conditions for fish, waterfowl, and
wildlife in the Sacramento Valley, including anadromous
fish in the Sacramento River; and
(D) improve the operation of the State's water
system to provide improvements in ecosystem and water
quality conditions in the Bay-Delta while providing a
more reliable water supply for the State of California.
(4) The Sites Project has been shown to provide
approximately 1,300,000 of additional yield when the Sites
Project is integrated into the operations of other State and
Federal reservoirs upstream of the Bay-Delta.
(5) Healthy wetlands are of vital importance to wildlife in
California and require a reliable supply of water, and
additional surface water storage can help meet water supply
goals under the Central Valley Project Improvement Act.
(6) It is in the interests of the United States for the
Federal Government to work with the Sites Project Authority,
which has been established under laws of the State of
California as an independent joint powers authority to, among
other things, study, promote, develop, design, finance,
acquire, construct, manage, and operate Sites Reservoir and
related facilities, in order to advance the Sites Project in
the most expeditious and cost-effective manner possible.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(3) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(4) Authority.--The term ``Authority'' means the Sites
Project Authority that entered into a Joint Powers Agreement on
August 26, 2010, for the purpose of advancing the Sites Project
as a non-Federal facility and includes Glenn-Colusa Irrigation
District, Reclamation District 108, the Tehama-Colusa Canal
Authority, Maxwell Irrigation District, the County of Glenn,
the County of Colusa and Yolo County Flood Control and Water
Conservation District.
(5) Sites project.--The term ``Sites Project'' means the
Sites Reservoir in Glenn and Colusa Counties, California, and
related facilities, including associated water conveyance and
hydropower generation and transmission facilities.
(6) State.--The term ``State'' means the State of
California.
(7) Central valley project.--The term ``Central Valley
Project'' means all Federal reclamation projects located within
or diverting water from or to the watershed of the Sacramento
and San Joaquin rivers and their tributaries as authorized by
the Act of August 26, 1937 (50 Stat. 850), and all Acts
amendatory or supplemental thereto, including but not limited
to the Act of October 17, 1940 (54 Stat. 1198, 1199), Act of
December 22, 1944 (58 Stat. 887), Act of October 14, 1949 (63
Stat. 852), Act of September 26, 1950 (64 Stat. 1036), Act of
August 27, 1954 (68 Stat. 879), Act of August 12, 1955 (69
Stat. 719), Act of June 3, 1960 (74 Stat. 156), Act of October
23, 1962 (76 Stat. 1173), Act of September 2, 1965 (79 Stat.
615), Act of August 19, 1967 (81 Stat. 167), Act of August 27,
1967 (81 Stat. 173), Act of October 23, 1970 (84 Stat. 1097),
Act of September 28, 1976 (90 Stat. 1324) and Act of October
27, 1986 (100 Stat. 3050).
(8) Repayment and water service contracts.--The terms
``repayment contract'' and ``water service contract'' have the
same meaning as provided in sections 9(d) and 9(e) of the
Reclamation Project Act of 1939 (53 Stat. 1187, 1195), as
amended.
SEC. 4. FEASIBILITY STUDY AND ENVIRONMENTAL IMPACT STATEMENT.
(a) Feasibility Study.--No later than June 30, 2015, the Secretary,
acting through the Bureau, shall finalize and publish in the Federal
Register, the feasibility study authorized in section 103(d)(1)(i)(II)
of title I of Public Law 108-361.
(b) Environmental Impact Statement and Environmental Impact
Report.--No later than June 30, 2015, the Secretary shall work with the
Secretary of Commerce, the Army Corps of Engineers and the
Environmental Protection Agency Administrator to coordinate the efforts
of the relevant agencies and work with the State, the Authority, and
other stakeholders to complete and issue the final joint environmental
impact statement and environmental impact report on the Sites Project.
(c) Availability of Documents.--The Secretary shall ensure that all
documents associated with the preparation of planning and feasibility
studies and applicable environmental reviews under the National
Environmental Policy Act for the Sites Project shall be made available
to the Authority.
(d) Financial Assistance and Other Agreements.--To assist the
Secretary in meeting the deadlines for completing the feasibility study
and environmental impact statement identified in this section, no later
than 90 days following enactment, the Secretary, acting through the
Bureau, shall enter into such agreements with the Authority, including
financial assistance agreements, to carry out such work as the Bureau
and the Authority mutually agree is appropriate to ensure that all
studies and environmental reviews are completed on an expeditious basis
and that the shortest applicable process under the National
Environmental Policy Act shall be utilized, including in the completion
of the final feasibility study and final joint environmental impact
statement and environmental impact report on the Sites Project.
(e) Non-Federal Cost-Share.--The Secretary shall attribute all
funds expended, or in-kind services provided, by the Authority or the
State to advance the Sites Project, including the $42,379,999 in non-
Federal funds provided to the North-of-Delta Offstream Storage
Feasibility Study reflected in the Bureau's fiscal year 2015 Budget
Justification, to the non-Federal share of cost-share requirements for
any Federal support provided to the Sites Project.
(f) Requirements of Existing Law.--Nothing in the section herein
modifies existing requirements of Federal law.
SEC. 5. CONSTRUCTION.
(a) Authorization of Construction.--Section 103(d)(1)(B) of title I
of Public Law 108-361 (the Calfed Bay-Delta Authorization Act, 118
Stat. 1681) is amended by--
(1) adding after clause (i) the following:
``(ii) Construction authorization.--If the
Secretary determines the project described in
clause (ii)(I) of subparagraph (A) is feasible,
the Secretary is authorized to carry out the
project in a manner that is substantially in
accordance with the recommended plan, and
subject to the conditions described in the
feasibility study.'';
(2) striking in clause (iii), ``the project'' and inserting
``a project described in clause (ii)(I) of subparagraph (A)'';
and
(3) redesignating clause (ii) and (iii) as clause (iii) and
(iv), respectively.
(b) Project Partnership Agreements.--At the request of the
Authority, the Bureau shall--
(1) enter into a project partnership agreement with the
Authority for the Authority to provide full project management
control for construction of the Sites Project, or a separable
element of the project, in accordance with plans approved by
the Secretary; and
(2) following execution of the project partnership
agreement, transfer to the Authority interest to carry out
construction of the project, or a separable element of the
project--
(A) if applicable, the balance of the unobligated
amounts appropriated for the Sites Project, except that
the Secretary shall retain sufficient amounts for the
Bureau to carry out any responsibilities of the Bureau
relating to the project; and
(B) additional amounts, as determined by the
Secretary, from amounts made available to the
Secretary, except that the total amount transferred to
the non-Federal interest shall not exceed the updated
estimate of the Federal share of the cost of
construction, including any required design.
(c) Detailed Project Schedule.--Not later than 180 days after
entering into a Project Partnership agreement, the Authority, to the
maximum extent practicable, shall submit to the Secretary a detailed
project schedule, based on estimated funding levels, that lists all
deadlines for each milestone in the construction of the project.
(d) Administration.--All laws and regulations that would apply to
the Secretary if the Secretary were carrying out the project shall
apply to Authority, if the Authority enters into an agreement with the
Secretary to carry out the project under this section.
SEC. 6. NON-FEDERAL PROJECT.
(a) In General.--At any time, notwithstanding any other provision
of this Act, if the Commissioner determines and the Secretary concurs,
that the Sites Project can be expedited by the Authority as a non-
Federal project, and that there is a demonstrable Federal interest for
the Sites Project to be constructed and operated as a non-Federal
project, the Bureau is authorized and directed to take any and all
actions possible to advance the Sites Project as a non-Federal project,
including, but not limited to, entering into cost-shared financial
assistance agreements with the Authority to support construction of the
Sites Project as a non-Federal project.
(b) Title; Operations and Maintenance.--The Authority shall hold
title to all facilities constructed under this section, and shall be
solely responsible for the operation and maintenance costs of such
facilities.
(c) Federal Reviews and Permits.--The Bureau shall be the lead
Federal agency for the purposes of all Federal reviews, analyses,
opinions, statements, permits, licenses, or other approvals or
decisions required under Federal law to allow the Authority to
construct the Sites Project as a non-Federal project.
(d) Coordinated Operations.--The Secretary of the Interior is
authorized and directed to execute and implement a long-term agreement
between the United States of America and the Authority that shall
provide for the coordination of operations of the Central Valley
Project and the Sites Project to--
(1) satisfy any contracts entered into in subsection (e) of
this Act;
(2) help meet any unmet needs for Sacramento Valley in-
basin water uses;
(3) help meet any unmet needs of existing Central Valley
Project repayment and water service contracts; and
(4) ensure that any surplus water supplies from the Sites
Project are put to full and beneficial use.
(e) Contracts.--The Secretary is authorized to enter into long-term
contracts with the Authority to acquire water supplies made available
from the Sites Project for the purposes of meeting the requirements
section 3406(b)(3) and section 3408(j) of Public Law 102-575, the
Central Valley Project Improvement Act, and such other purposes as the
Secretary may deem appropriate.
SEC. 7. ENVIRONMENTAL REVIEW AND PERMITTING.
With respect to the Sites Project, the Bureau shall--
(1) be the lead Federal agency for the purposes of all
Federal reviews, analyses, opinions, statements, permits,
licenses, or other approvals or decisions required under
Federal law to allow either the Bureau or the Authority to
construct the Sites Project, including all requirements under--
(A) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) any other Federal law applicable to the
construction of the Sites Project facilities by the
Bureau or the Authority; and
(2) take such steps as are necessary to ensure that all
Federal reviews, analyses, opinions, statements, permits,
licenses, or other approvals or decisions required under
Federal law to allow either the Bureau or the Authority to
construct the Sites Project are completed on an expeditious
basis and utilize the shortest applicable process.
SEC. 8. POWER GENERATION.
(a) Purchase or Market Power.--The Secretary of Energy, acting
through the Western Area Power Administration, shall determine no later
than June 30, 2015, if there is a Federal interest in--
(1) providing power to the Sites Project; and
(2) purchasing and marketing the power produced by the
Sites Project.
(b) Authorization To Provide, Market and Purchase Power.--If the
Secretary of Energy determines there is a Federal interest in providing
power to, and purchasing and marketing power from, the Sites Project,
the Secretary of Energy is authorized and directed to take such actions
as are necessary to support that determination.
(c) Permit Lead and Marketing of Power if Western Area Power
Administration Forgoes Participation in the Sites Project.--If the
Sites Project is constructed as a non-Federal project by the Authority
and the Secretary of Energy determines that there is no Federal
interest in the Western Area Power Administration managing power
provided to or emanating from the Sites Project, the Secretary of the
Interior, acting through the Bureau, is authorized and directed to
provide such support as is necessary to enable the Authority market the
energy produced by the Sites Project, including securing all permits
associated with managing power used and produced by the Sites Project.
(d) Delivery and Management of Water.--Nothing in this subsection
shall alter or impede the delivery and management of water, as water
used for hydropower generation shall be deemed incidental to uses of
water for which the Sites Project is intended to serve.
SEC. 9. COMPLIANCE WITH ENVIRONMENTAL LAWS.
Nothing in this Act modifies or alters any obligations under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
SEC. 10. SAVINGS CLAUSE.
Nothing in this Act shall be construed to preempt any existing
State law, including but not limited to area of origin and other water
rights protections. | Sacramento Valley Water Storage and Restoration Act of 2014 - Directs the Secretary of the Interior, acting through the Bureau of Reclamation, to: (1) finalize and publish in the Federal Register the feasibility study authorized in the Water Supply, Reliability, and Environmental Improvement Act, for enlargement of the Los Vaqueros Reservoir in Contra Costa County, California; (2) work with the Secretary of Commerce, the Army Corps of Engineers, and the Environmental Protection Agency (EPA) Administrator, by June 30, 2015, to coordinate the efforts of the relevant agencies and work with the state of California, the Sites Project Authority, and other stakeholders to complete and issue the final joint environmental impact statement and report on the Sites Project (the Sites Reservoir in Glenn and Colusa Counties, California, and related facilities, including associated water conveyance and hydropower generation and transmission facilities); and (3) enter into agreements with the Authority to carry out such work as the Bureau and the Authority mutually agree is appropriate to ensure that all studies and environmental reviews are completed on an expeditious basis and that the shortest applicable process under the National Environmental Policy Act is utilized, including in the completion of the final feasibility study and final joint environmental impact statement and report on the Sites Project. Amends the Calfed Bay-Delta Authorization Act to: (1) authorize construction of the Sites Reservoir in Colusa County if the Secretary determines that the project is feasible; and (2) direct the Bureau, at the Authority's request, to enter into a project partnership agreement for the Authority to provide full project management control for construction of the Sites Project, or a separable element of the Project, in accordance with plans approved by the Secretary. Authorizes and directs: (1) the Bureau to advance the Sites Project as a non-federal project if the Commissioner of the Bureau determines and the Secretary concurs that the Project can be expedited by the Authority as a non-federal project and that there is a demonstrable federal interest for the Project to be constructed and operated as a non-federal project, and (2) the Secretary to execute and implement a long-term agreement with the Authority for the coordination of operations of the Central Valley Project and the Sites Project. Directs the Bureau to: (1) be the lead federal agency for the purposes of all federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under federal law to allow either the Bureau or the Authority to construct the Sites Project; and (2) take such steps as necessary to ensure that all such reviews, approvals, or decisions required to allow either the Bureau or the Authority to construct the Sites Project are completed on an expeditious basis and utilize the shortest applicable process. Directs the Secretary of Energy (DOE): (1) acting through the Western Area Power Administration, to determine by no later than June 30, 2015, if there is a federal interest in providing power to, and purchasing and marketing power produced by, the Sites Project; (2) if so, to take actions to support such determination; and (3) if not, to provide such support as is necessary to enable the Authority to market the energy produced by the Project. | Sacramento Valley Water Storage and Restoration Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Cookstoves Support Act of
2012''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Nearly half the world's population cooks their food
over open fires or inefficient, polluting, and unsafe
cookstoves using firewood, dung, or coal. Smoke from the use of
these traditional cookstoves and open fires is associated with
a number of chronic and acute diseases, including respiratory
illnesses such as pneumonia, heart disease, and cancer, with
women and young children affected disproportionately.
(2) It is estimated that smoke from cooking fuels accounts
for nearly 2,000,000 deaths annually in the developing world,
which is more than the deaths from malaria, tuberculosis, or
HIV. Millions more are sickened from the toxic smoke and
thousands suffer burns annually from open fires or unsafe
cookstoves.
(3) The amount of biomass cooking fuel required each year
can reach up to 2 tons per family. Where demand for local
biomass outstrips the natural regrowth of resources, local
environmental problems can result.
(4) Tremendous amounts of time--a burden shouldered
disproportionately by women and children--is spent collecting
and managing biomass cooking fuel resources.
(5) As nearby fuel supplies dwindle, women are forced to go
farther to find fuel to cook their families' meals. In some
regions, women and girls risk rape and other forms of gender-
based violence during the up to 20 hours per week they spend
away from their communities gathering firewood.
(6) Recent studies show that black carbon created from
biomass cookstoves significantly contributes to regional air
pollution and climate change. Black carbon emissions from
residential cookstoves in developing countries account for an
estimated 21 percent of total global inventory, and mitigation
in this sector represents a large potential public health
benefit.
(7) The Global Alliance for Clean Cookstoves is an
innovative public-private partnership led by the United Nations
Foundation that was created to enable the adoption of clean and
efficient stoves in 100,000,000 homes by 2020. The Alliance
intends to work with public, private, and non-profit partners
to raise $250,000,000 towards overcoming market barriers that
currently impede the production, deployment, and use of clean
cookstoves in the developing world.
(8) The United States Government has committed a total of
up to $105,000,000 over the first five years of the Alliance to
help it achieve its goal of spurring the adoption of clean
cookstoves in 100,000,000 households by 2020, as follows:
(A) The Department of State and the United States
Agency for International Development will commit
$11,570,000 to promote the adoption of clean
cookstoves, encourage foreign government support, and
further economic opportunities for women.
(B) The Department of Energy will commit
$12,500,000 for applied research to advance clean
cookstove technologies and designs.
(C) The Department of Health and Human Services
will commit $24,700,000 through the National Institutes
of Health and $2,180,000 through the Centers for
Disease Control and Prevention for health research and
implementation evaluation.
(D) The Environmental Protection Agency will commit
$6,000,000 to enhance stove testing and evaluation,
cookstove design innovation, and the assessment of
health benefits.
(E) The Overseas Private Investment Corporation
will commit up to $50,000,000 for debt financing or
insurance for projects that provide access to clean,
consistent, and affordable energy through the promotion
of clean cookstoves.
SEC. 3. ADVANCEMENT OF GLOBAL ALLIANCE FOR CLEAN COOKSTOVES GOALS.
The Secretary of State, in consultation with the Administrator of
the Environmental Protection Agency, the Secretary of Energy, the
Secretary of Health and Human Services, the Administrator of the United
States Agency for International Development, and the heads of other
relevant Federal agencies, and in coordination with relevant
international nongovernmental organizations and private and
governmental entities, shall work to advance the goals and work of the
Global Alliance for Clean Cookstoves, including through--
(1) applied research and development to improve design,
lower costs, promote technology adoption, conduct health
research and evaluation, and develop global industry standards
and testing protocols for cookstoves;
(2) diplomatic engagement to encourage a commercial market
for clean stoves and fuels, reduce trade barriers, promote
consumer awareness, improve access to large-scale carbon
financing, and foster women-owned businesses along the entire
business chain;
(3) international development projects to help build
commercial businesses to manufacture, market, distribute, sell,
and service clean stoves and fuels;
(4) development efforts related to refugee camps, disaster
relief, and long-term programs aimed at assisting women and
girls; and
(5) financing or insurance to support projects that provide
access to clean, affordable energy and energy savings through
the manufacture, sale, and purchase of cookstoves.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of State and United States Agency for International
Development.--There is authorized to be appropriated out of funds
available to the Department of State and the United States Agency for
International Development not less than $11,570,000 for fiscal years
2013 through 2017 to work with the Global Alliance for Clean Cookstoves
and foreign governments--
(1) to address the harmful effects of smoke exposure from
traditional cookstoves;
(2) to support applied and operational research into how
people use improved stove technology, and how indoor air
quality and sanitation interventions can improve household
environments and promote economic opportunities for women; and
(3) to carry out other activities under this Act.
(b) Department of Energy.--There is authorized to be appropriated
to the Secretary of Energy out of available funds not less than
$12,500,000 for fiscal years 2013 through 2017 to work with the Global
Alliance for Clean Cookstoves to conduct research aimed at addressing
the technical barriers to the development of low-emission, high-
efficiency cookstoves through activities in areas such as combustion,
heat transfer, and materials development, and to carry out other
activities under this Act.
(c) National Institutes of Health.--There is authorized to be
appropriated to the Secretary of Health and Human Services out of
available funds not less than $24,700,000 for fiscal years 2013 through
2017 for the National Institutes of Health to work with the Global
Alliance for Clean Cookstoves--
(1) to support ongoing research and research training
projects, including--
(A) studies on the cookstove-related effects of
cookstoves smoke on pulmonary, cancer, and cardiac
diseases;
(B) studies on the relationship between indoor air
pollution and low-birth weight; and
(C) studies on the most effective ways to introduce
and educate users on safety and the proper use of
cookstoves;
(2) to support efforts to develop improved measuring
devices, expand epidemiologic studies, and conduct clinical
trials;
(3) to support training programs designed to help prepare
scientists in low- and middle-income countries to engage in
related research and evaluation activities; and
(4) to carry out other activities under this Act.
(d) Centers for Disease Control and Prevention.--There is
authorized to be appropriated to the Secretary of Health and Human
Services out of available funds not less than $2,180,000 for fiscal
years 2013 through 2017 for the Centers for Disease Control and
Prevention to work with the Global Alliance for Clean Cookstoves--
(1) to demonstrate the health benefits of implementing
clean cookstove programs;
(2) to promote a better understanding of the relationship
between human exposures and health outcomes;
(3) to integrate clean cookstoves and fuels implementation
with other public health programs;
(4) to evaluate cookstove program implementation; and
(5) to carry out other activities under this Act.
(e) Environmental Protection Agency.--There is authorized to be
appropriated to the Administrator of the Environmental Protection
Agency out of available funds not less than $6,000,000 for fiscal years
2013 through 2017 to work with the Global Alliance for Clean
Cookstoves--
(1) to conduct stove testing and evaluation in both the lab
and the field;
(2) to promote cookstove design innovations, possibly
including a design competition and prize;
(3) to perform assessments focused on health and exposure
benefits of clean cookstoves and fuels;
(4) to use the expertise, lessons learned, and network
developed in launching and leading the Partnership for Clean
Indoor Air to help the Alliance meet its 2020 goal; and
(5) to carry out other activities under this Act. | Clean Cookstoves Support Act of 2012 - Requires the Secretary of State to work to advance the goals and work of the Global Alliance for Clean Cookstoves, including through: (1) applied research and development to improve design, lower costs, promote technology adoption, conduct health research and evaluation, and develop global industry standards and testing protocols for cookstoves; (2) diplomatic engagement to encourage a commercial market for clean stoves and fuels, reduce trade barriers, promote consumer awareness, improve access to large-scale carbon financing, and foster women-owned businesses; (3) international development projects to help build commercial businesses to manufacture, market, distribute, sell, and service clean stoves and fuels; (4) development efforts related to refugee camps, disaster relief, and long-term programs aimed at assisting women and girls; and (5) financing or insurance to support projects that provide access to clean, affordable energy and energy savings through the manufacture, sale, and purchase of cookstoves.
Authorizes appropriations for FY2013-FY2017 to the Department of State, the United States Agency for International Development (USAID), the Department of Energy (DOE), the National Institutes of Health (NIH), the Centers for Disease Control and Prevention (CDC), and the Environmental Protection Agency (EPA) for work with the Global Alliance. | A bill to promote the use of clean cookstoves and fuels to save lives, improve livelihoods, empower women, and combat harmful pollution by creating a thriving global market for clean and efficient household cooking solutions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy and Western Jobs
Act''.
SEC. 2. RESCISSION OF CERTAIN INSTRUCTION MEMORANDA.
The following are rescinded and shall have no force or effect:
(1) The Bureau of Land Management Instruction Memorandum
entitled ``Oil and Gas Leasing Reform--Land Use Planning and
Lease Parcel Reviews'', numbered 2010-117, and dated May 17,
2010.
(2) The Bureau of Land Management Instruction Memorandum
entitled ``Energy Policy Act Section 390 Categorical Exclusion
Policy Revision'', numbered 2010-118, and dated May 17, 2010.
(3) Secretarial Order No. 3310 issued by the Secretary of
the Interior on December 22, 2010.
SEC. 3. AMENDMENTS TO THE MINERAL LEASING ACT.
(a) Onshore Oil and Gas Lease Issuance Improvement.--Section
17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)) is
amended in the seventh sentence, by striking ``Leases shall be issued
within 60 days following payment by the successful bidder of the
remainder of the bonus bid, if any, and the annual rental for the first
lease year'' and inserting ``The Secretary of the Interior shall
automatically issue a lease 60 days after the date of the payment by
the successful bidder of the remainder of the bonus bid, if any, and
the annual rental for the first lease year, unless the Secretary of the
Interior is able to issue the lease before that date. The filing of any
protest to the sale or issuance of a lease shall not extend the date by
which the lease is to be issued''.
(b) Judicial Review.--Section 17 of the Mineral Leasing Act (30
U.S.C. 226) is amended by adding at the end the following:
``(q) Judicial Review.--Any action seeking judicial review of the
adequacy of any program or site-specific environmental impact statement
under section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) concerning oil and gas leasing for onshore Federal land
shall be barred unless the action is brought in the appropriate
district court of the United States by the date that is 60 days after
the date on which there is published in the Federal Register the notice
of the availability of the environmental impact statement.''.
(c) Determination of Impact of Proposed Policy Modifications.--The
Mineral Leasing Act is amended by inserting after section 37 (30 U.S.C.
193) the following:
``SEC. 38. DETERMINATION OF IMPACT OF PROPOSED POLICY MODIFICATIONS.
``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the
Department of the Interior.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(b) Duty of Secretary.--
``(1) In general.--Before the modification and
implementation of any onshore oil or natural gas preleasing or
leasing and development policy (as in effect as of January 1,
2010) or a policy relating to protecting the wilderness
characteristics of public land, the Secretary shall--
``(A) complete an economic impact assessment in
accordance with paragraph (2); and
``(B) issue a determination that the proposed
policy modification would have the effects described in
paragraph (2)(A).
``(2) Requirements.--In carrying out an assessment to
determine the impact of a proposed policy modification
described in paragraph (1), the Secretary shall--
``(A) in consultation with the appropriate
officials of each State (including political
subdivisions of the State) in which 1 or more parcels
of land subject to oil and natural gas leasing are
located and any other appropriate individuals or
entities, as determined by the Secretary--
``(i)(I) carry out an economic analysis of
the impact of the policy modification on oil-
and natural gas-related employment
opportunities and domestic reliance on foreign
imports of petroleum resources; and
``(II) certify that the policy modification
would not result in a detrimental impact on
employment opportunities relating to oil- and
natural gas-related development or contribute
to an increase in the domestic use of imported
petroleum resources; and
``(ii) carry out a policy assessment to
determine the manner by which the policy
modification would impact--
``(I) revenues from oil and natural
gas receipts to the general fund of the
Treasury, including a certification
that the modification would, for the
10-year period beginning on the date of
implementation of the modification, not
contribute to an aggregate loss of oil
and natural gas receipts; and
``(II) revenues to the treasury of
each affected State that shares oil and
natural gas receipts with the Federal
Government, including a certification
that the modification would, for the
10-year period beginning on the date of
implementation of the modification, not
contribute to an aggregate loss of oil
and natural gas receipts; and
``(B) provide notice to the public of, and an
opportunity to comment on, the policy modification in a
manner consistent with subchapter II of chapter 5 and
chapter 7 of title 5, United States Code (commonly
known as the `Administrative Procedure Act').''.
SEC. 4. ANNUAL REPORT ON REVENUES GENERATED FROM MULTIPLE USE OF PUBLIC
LAND.
(a) Annual Report.--As part of the annual agency budget, the
Secretary of the Interior (acting through the Director of the Bureau of
Land Management) and the Secretary of Agriculture (acting through the
Chief of the Forest Service) shall submit an annual report detailing,
for each field office, the revenues generated by each use of public
land.
(b) Inclusions.--The report shall include--
(1) a line item for each use of public land, including use
for--
(A) grazing;
(B) recreation;
(C) timber;
(D) leasable minerals, including a distinct
accounting for each of oil, natural gas, coal, and
geothermal development;
(E) locatable minerals;
(F) renewable energy sources, including a distinct
accounting for each of wind and solar energy;
(G) the sale of land; and
(H) transmission; and
(2) identification of the total acres designated as
wilderness, wilderness study areas, and wild lands.
(c) Availability.--The Secretary of the Interior and the Secretary
of Agriculture shall make the report prepared under this section
publicly available on the applicable agency website.
SEC. 5. FEDERAL ONSHORE OIL AND NATURAL GAS PRODUCTION GOAL.
(a) In General.--The Secretary of the Interior shall establish a
domestic strategic production goal for the development of oil and
natural gas managed by the Federal Government.
(b) Requirements.--In establishing the goal under subsection (a),
the Secretary shall--
(1) ensure that the United States maintains or increases
production of Federal onshore oil and natural gas;
(2) ensure that the 10-year production outlook for Federal
onshore oil and natural gas be provided annually;
(3) examine steps to streamline the permitting process to
meet the goal;
(4) include the goal in each resource management plan; and
(5) analyze each proposed policy of the Department of the
Interior for the potential impact of the policy on achieving
the goal before implementation of the policy.
SEC. 6. OIL SHALE.
(a) Additional Research and Development Lease Sales.--Not later
than 180 days after the date of enactment of this Act, the Secretary of
the Interior shall hold a lease sale in which the Secretary of the
Interior shall offer an additional 10 parcels for lease for research,
development, and demonstration of oil shale resources in accordance
with the terms offered in the solicitation of bids for the leases
described in the notice entitled ``Potential for Oil Shale Development;
Call for Nominations--Oil Shale Research, Development, and
Demonstration (R, D, and D) Program'' (74 Fed. Reg. 2611).
(b) Application of Regulations.--The final rule entitled ``Oil
Shale Management--General'' (73 Fed. Reg. 69414), shall apply to all
commercial leasing for the management of federally owned oil shale and
any associated minerals located on Federal land. | American Energy and Western Jobs Act - Rescinds and declares without force or effect: (1) Bureau of Land Management (BLM) Instruction Memoranda numbered 2010-117 (Oil and Gas Leasing Reform Land Use Planning and Lease Parcel Reviews) and 2010-118 (Energy Policy Act Section 390 Categorical Exclusion Policy Revision), both issued on May 17, 2010; and (2) Secretarial Order No. 3310 (Wild Lands Policy) issued by the Secretary of the Interior on December 22, 2010.
Amends the Mineral Leasing Act to: (1) repeal the requirement that leases be issued within 60 days following payment by the successful bidder of the remainder of the bonus bid and the annual rental for the first lease year, and (2) direct the Secretary to automatically issue a lease 60 days after the date of such payment, unless the Secretary is able to issue the lease before that date.
Bars an action seeking judicial review of the adequacy of any program or site-specific environmental impact statement under the National Environmental Policy Act of 1969 concerning oil and gas leasing for onshore federal land unless the action is brought in federal district court within 60 days after publication in the Federal Register of notice of the availability of the environmental impact statement.
Directs the Secretary, before modifying and implementing any onshore oil or natural gas preleasing or leasing and development policy, or a policy relating to protecting the wilderness characteristics of public land, to complete an economic impact assessment and determine that the proposed policy modification will not: (1) result in a detrimental impact on employment opportunities relating to oil- and natural gas-related development, (2) contribute to an increase in the domestic use of imported petroleum resources, or (3) contribute to an aggregate loss of oil and natural gas receipts.
Directs the Secretary, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service, to submit, as part of the annual agency budget, a report detailing, for each field office, the revenues generated by specified use of public land.
Directs the Secretary to: (1) establish a domestic strategic production goal for the development of oil and natural gas managed by the federal government; and (2) hold a lease sale offering an additional 10 parcels for lease for research, development, and demonstration of oil shale resources in accordance with terms offered in a specified solicitation of bids for the leases. | A bill to provide for the rescission of certain instruction memoranda of the Bureau of Land Management, to amend the Mineral Leasing Act to provide for the determination of the impact of proposed policy modifications, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers in the Classroom Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Enrollment in elementary and secondary schools is at
the highest level ever recorded in this country, and the
Department of Education recently announced that 52,200,000
students are expected to attend school in 1998, an increase of
more than a million students over 1997.
(2) Increases in elementary and secondary student
enrollment will continue in record numbers each year for the
next decade with more than 3,000,000 additional students
expected; secondary school attendance alone is expected to
increase by more than 13 percent.
(3) This unprecedented increase in student enrollment will
affect high poverty urban and rural areas, and States
experiencing rapid population growth.
(4) Just to keep pace with the growing number of enrolled
elementary and secondary school students, schools will need to
hire 150,000 additional teachers during the next decade.
(5) Data and research, including information from the State
of Tennessee's Student/Teacher Achievement Ratio project
(Project STAR), the largest and longest lasting experiment ever
conducted to examine the effects of small class sizes on
student learning and development, suggest that students in the
early grades learn more in smaller classes, continue to have an
edge over the rest of their peers years after they return to
normal-sized classrooms and show that every time a student is
added to a classroom, learning is diminished for the rest of
the class.
(6) It is vital that we adequately educate and prepare
America's children for the next century and our competitive
global economy.
(7) Helping improve the learning environment for each and
every student is an important goal, hiring new teachers is an
important objective, and Congress needs to fund positions for
teachers without adding to the Federal bureaucracy, deficit, or
debt.
(8) Congress needs to provide resources to keep pace with
growing enrollment and, if possible, help to reduce classroom
sizes.
SEC. 3. GRANT PROGRAM.
(a) In General.--The Secretary of Education is authorized to award
grants to Governors to enable Governors to provide funds to local
educational agencies to hire elementary and secondary teachers or
qualified instructional personnel as authorized under State law to
reduce overcrowded classes.
(b) State Eligibility.--
(1) In general.--To be eligible to receive a grant under
this Act, a Governor of a State shall submit an application to
the Secretary.
(2) Disapproval.--To the extent that appropriations are
made available in a fiscal year to carry out this Act, the
Secretary shall not disapprove an application from a Governor.
(c) Local Eligibility.--To be eligible to receive a grant from the
Governor, a local educational agency shall--
(1) establish a trust fund for all payments received under
this Act;
(2) provide assurances that funds received under this Act
will be deposited in such trust fund account;
(3) provide assurances that funds received under this Act
will be used only to hire new teachers or qualified personnel
not later than 2 years after receipt of such funds;
(4) provide assurances that the agency will use accounting
and auditing practices stipulated by the Governor and allow the
State access to any and all records regarding funds received
and used under this Act;
(5) provide assurances that the agency will achieve a net
gain in the number of teachers or qualified instructional
personnel in a classroom setting;
(6) review annually the performance of personnel hired
pursuant to this Act to ensure that the agency has hired
qualified personnel;
(7) obligate personnel hired pursuant to this Act for a
period of employment not to exceed one year;
(8) repay to the State not later than 27 months after
receipt of funds from the State any amounts not expended after
24 months of such receipt;
(9) use funds received under this Act only to supplement
the amount of funds that would, in the absence of such Federal
funds, be made available from non-Federal sources for the
education of students participating in programs assisted under
this Act, and not to supplant such funds; and
(10) apply to the Governor each year in which the agency
wishes to receive funding under this Act.
SEC. 4. DISTRIBUTION OF FUNDS.
(a) In General.--From the amount appropriated for this Act under
section 8 for any fiscal year, each State is eligible to receive an
amount that bears the same ratio to the amount so appropriated as the
average number of children aged 5 through 17, inclusive, in the State
as reported to the Secretary in the three most recent calendar years
for which such data is available bears to the number of such children
in all States during the same period.
(b) Reallocation.--The Secretary shall reallocate any amounts
allocated under subsection (a) that are not used by a State for the
purposes of this section to other States in proportion to the
distribution of other funds under this section.
SEC. 5. FISCAL REQUIREMENTS.
(a) Withholding for Noncompliance.--A Governor, 60 days after
written notice to a local educational agency for substantial
noncompliance with the provisions of section 3(c), may withhold
payments to a local educational agency.
(b) Maintenance of Effort.--After the first fiscal year that a
local educational agency receives funds under this Act, such agency may
continue to receive funds for any fiscal year only if the Governor
finds that the local educational agency has increased the number of
teachers or qualified personnel in the classroom.
SEC. 6. PROGRAM ADMINISTRATION.
(a) State Administration.--
(1) In general.--A Governor who receives a grant under this
Act shall select one or more local educational agencies in the
State to participate in a program under this Act based on the
determination of the Governor regarding the need to alleviate
overcrowded classes in schools served by such an agency.
(2) Evaluation and report.--A Governor who receives a grant
under this Act shall evaluate and audit the funds used for any
program established by a local educational agency under this
Act and shall report such findings on an annual basis to the
Secretary of Education.
(3) Administrative costs.--A Governor may use not more than
2 percent of the funds received under this Act to pay
administrative costs.
(4) Innovative teaching programs.--A Governor may use not
more than 10 percent of the funds received under this Act to
establish a program within the State to improve instructional
quality by providing incentives to encourage innovative teacher
training programs, establish alternate certification and
licensure procedures, or to hire nontraditional personnel.
(b) Secretary Reporting.--The Secretary of Education, after
consultation with the Governors, shall report to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate not later than
March 1 of each year and shall include in this report, an evaluation of
the effectiveness of programs assisted under this Act and
recommendations regarding the continuity of this program.
SEC. 7. CONSTRUCTION.
Nothing in this Act may be construed to provide tenure to personnel
hired pursuant to this Act.
SEC. 8. DEFINITION.
For purposes of this Act--
(1) the term ``local educational agency'' means a board of
education or other authority constituted within a State for
administrative control or direction of or to perform a service
function for elementary and secondary schools;
(2) the term ``State'' means each of the 50 States and the
District of Columbia; and
(3) the term ``Secretary'' means the Secretary of the
Department of Education.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to carry out this Act--
(1) $500,000,000 for fiscal year 1999;
(2) $1,000,000,000 for fiscal year 2000;
(3) $1,500,000,000 for fiscal year 2001;
(4) $2,000,000,000 for fiscal year 2002; and
(5) $2,500,000,000 for fiscal year 2003. | Teachers in the Classroom Act - Authorizes the Secretary of Education to award grants to State Governors to provide funds to local educational agencies to hire elementary and secondary teachers or qualified instructional personnel to reduce overcrowded classes.
Sets forth requirements for State and local eligibility, distribution of funds, program administration, evaluation, and reports.
Allows State Governors to use up to ten percent of funds received under this Act to establish programs to improve instructional quality by providing incentives to encourage innovative teacher training programs, establish alternate certification and licensure procedures, or to hire nontraditional personnel.
Authorizes appropriations. | Teachers in the Classroom Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capturing Criminals Act of 2000''.
SEC. 2. FUGITIVE APPREHENSION TASK FORCES.
(a) In General.--The Attorney General is authorized to establish,
upon consultation with the Secretary of the Treasury and appropriate
law enforcement officials in the States, Fugitive Apprehension Task
Forces, consisting of Federal, State, and local law enforcement
authorities in designated regions of the United States, to be
coordinated by the Director of the United States Marshals Service, for
the purpose of locating and apprehending fugitives, as defined by
section 1075 of title 18, United States Code, as added by this Act.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Marshals Service to carry out the
provisions of this section $20,000,000 for fiscal year 2001, $5,000,000
for fiscal year 2002, and $5,000,000 for fiscal year 2003.
(c) Other Federal and State law.--Nothing in this section shall be
construed to limit the authority under any other provision of Federal
or State law to locate or apprehend a fugitive .
SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.
(a) In General.--Chapter 49 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1075. Administrative subpoenas to apprehend fugitives
``(a) Definitions.--In this section--
``(1) the term `fugitive' means a person who--
``(A) having been accused by complaint, information
or indictment, or having been convicted of committing,
a felony under Federal law, flees from or evades (or
attempts to flee from or evade) the jurisdiction of the
court with jurisdiction over the felony;
``(B) having been accused by complaint, information
or indictment, or having been convicted of committing,
a felony under State law, flees from or evades (or
attempts to flee from or evade) the jurisdiction of the
court with jurisdiction over the felony;
``(C) escapes from lawful Federal or State custody
after having been accused by complaint, information or
indictment, or convicted, of committing a felony under
Federal or State law; or
``(D) is in violation of paragraph (2) or (3) of
the first undesignated paragraph of section 1073;
``(2) the term `investigation' means, with respect to a
State fugitive described in subparagraph (B) or (C) of
paragraph (1), an investigation in which there is reason to
believe that the fugitive fled from or evaded (or attempted to
flee from or evade) the jurisdiction of the court, or escaped
from custody, in or affecting, or using any facility of,
interstate or foreign commerce, or as to whom an appropriate
law enforcement officer or official of a State or political
subdivision has requested the Attorney General to assist in the
investigation, and the Attorney General finds that the
particular circumstances of the request give rise to a Federal
interest sufficient for the exercise of Federal jurisdiction
under section 1075; and
``(3) the term `State' means a State of the United States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States.
``(b) Scope.--In any investigation with respect to the apprehension
of a fugitive, the Attorney General may subpoena witnesses for the
purpose of the production of any records (including books, papers,
documents, electronic data, and other tangible and intangible items
that constitute or contain evidence) that the Attorney General finds,
based upon articulable facts, are relevant to discerning the fugitive's
whereabouts. A subpoena under this subsection shall describe the
records or items required to be produced and prescribe a return date
within a reasonable period of time within which the records or items
can be assembled and made available.
``(c) Jurisdiction.--The attendance of witnesses and the production
of records may be required from any place in any State or any other
place subject to the jurisdiction of the United States at any
designated place where the witness is served with a subpoena, except
that a witness shall not be required to appear more than 500 miles
distant from the place where the witness was served. Witnesses
subpoenaed under this section shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States.
``(d) Service.--A subpoena issued under this section may be served
by any person designated in the subpoena as the agent of service.
Service upon a natural person may be made by personal delivery of the
subpoena to that person or by certified mail with return receipt
requested. Service may be made upon a domestic or foreign corporation,
a partnership, or other unincorporated association that is subject to
suit under a common name, by delivering the subpoena to an officer, a
managing or general agent, or to any other agent authorized by
appointment or by law to receive service of process. The affidavit of
the person serving the subpoena entered on a true copy thereof by the
agent of service shall be proof of service.
``(e)Enforcement.--
``(1) Noncompliance.--In the case of the contumacy by or
refusal to obey a subpoena issued to any person, the Attorney
General may invoke the aid of any court of the United States
within the jurisdiction of which the investigation is carried
on or of which the subpoenaed person is an inhabitant, or in
which he carries on business or may be found, to compel
compliance with the subpoena. The court may issue an order
requiring the subpoenaed person to appear before the Attorney
General to produce records if so ordered. Any failure to obey
the order of the court may be punishable by the court as
contempt thereof. All process in any such case may be served in
any judicial district in which the person may be found.
``(2) Rights of a subpoena recipient.--Not later than 20
days after the date of service of an administrative subpoena
under this section upon any person, or at any time before the
return date specified in the subpoena, whichever period is
shorter, such person may file, in the district court of the
United States for the judicial district within which such
person resides, is found, or transacts business, a petition to
modify or quash such subpoena on grounds that--
``(A) the terms of the subpoena are unreasonable or
unnecessary;
``(B) the subpoena fails to meet the requirements
of this section; or
``(C) the subpoena violates the constitutional
rights or any other legal right or privilege of the
subpoenaed party.
``(3) Time for response.--The time allowed for compliance
with a subpoena in whole or in part shall be suspended during
the pendency of a petition filed under paragraph (2). Such
petition shall specify the grounds upon which the petitioner
relies in seeking relief.
``(f) Delayed notice.--
``(1) In general.--Where an administrative subpoena is
issued under this section to a provider of electronic
communication service (as defined in section 2510 of this
title) or remote computing service (as defined in section 2711
of this title), the Attorney General may--
``(A) in accordance with section 2705(a) of this
title, delay notification to the subscriber or customer
to whom the record pertains; and
``(B) apply to a court, in accordance with section
2705(b) of this title, for an order commanding the
provider of electronic communication service or remote
computing service not to notify any other person of the
existence of the subpoena or court order.
``(2) Subpoenas for financial records.--If a subpoena is
issued under this section to a financial institution for
financial records of any customer of such institution, the
Attorney General may apply to a court under section 1109 of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3409) for an
order to delay customer notice as otherwise required.
``(3) Nondisclosure requirements.--Except as provided in
paragraphs (1) and (2), the Attorney General may apply to a
court for an order requiring the party to whom an
administrative subpoena is directed to refrain from notifying
any other party of the existence of the subpoena or court order
for such period as the court deems appropriate. The court shall
enter such order if it determines that there is reason to
believe that notification of the existence of the
administrative subpoena will result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation or undue delay of a trial.
``(g) Immunity From Civil Liability.--Any person, including
officers, agents, and employees, who in good faith produce the records
or items requested in a subpoena shall not be liable in any court of
any State or the United States to any customer or other person for such
production or for nondisclosure of that production to the customer, in
compliance with the terms of a court order for nondisclosure.
``(h) Delegation.--The Attorney General and the Secretary of the
Treasury shall issue guidelines governing the issuance of
administrative subpoenas. Such guidelines shall mandate that
administrative subpoenas may be issued only after review and approval
of senior supervisory personnel within the Department of Justice and
the Department of the Treasury.
``(i) Report.--The Attorney General shall report in January of each
year to the Committees on the Judiciary of the Senate and the House of
Representatives on the number of administrative subpoenas issued under
this section, whether each matter involved a fugitive from Federal or
State charges, and identification of the agency issuing the subpoena
and imposing the charges. This reporting requirement shall terminate in
3 years after enactment.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
49 of title 18, United States Code, is amended by adding at the end the
following:
``1075. Administrative subpoenas to apprehend fugitives.''.
SEC. 4. STUDY AND REPORT OF THE USE OF ADMINISTRATIVE SUBPOENAS.
Not later than December 31, 2001, the Attorney General shall
complete a study on the use of administrative subpoena power by
executive branch agencies or entities and shall report the findings to
the Committees on the Judiciary of the Senate and the House of
Representatives. Such report shall include--
(1) a description of the sources of administrative subpoena
power and the scope of such subpoena power within executive
branch agencies;
(2) a description of applicable subpoena enforcement
mechanisms;
(3) a description of any notification provisions and any
other provisions relating to safeguarding privacy interests;
(4) a description of the standards governing the issuance
of administrative subpoenas; and
(5) recommendations from the Attorney General regarding
necessary steps to ensure that administrative subpoena power is
used and enforced consistently and fairly by executive branch
agencies. | (Sec. 3) Authorizes the Attorney General, in any investigation with respect to the apprehension of a fugitive (defined as a person who has been accused or convicted of committing a felony under Federal or State law and who undertakes specified acts, such as fleeing or escaping from lawful Federal or State custody), to subpoena witnesses for the production of any records relevant to discerning the fugitive's whereabouts. Sets forth provisions governing the jurisdiction, service, enforcement, and notice of, noncompliance with, and the time for response to such a subpoena, as well as the rights of a subpoena recipient and nondisclosure requirements..
Directs: (1) the Attorney General and the Secretary of the Treasury to issue guidelines governing the issuance of such subpoenas, including a requirement that they be issued only after review and approval of senior supervisory personnel within the Department of Justice and the Department of the Treasury; and (2) the Attorney General to report each January to the Senate and House Judiciary Committees on the number of administrative subpoenas issued under this section, on whether each matter involved a fugitive from Federal or State charges, and on the agency issuing the subpoena and imposing the charges.
(Sec. 4) Directs the Attorney General to complete a study on the use of administrative subpoena power by executive branch agencies or entities and to report the findings to the Senate and House Judiciary Committees. | Capturing Criminals Act of 2000 |
SECTION 1. DEFINITION OF INDIAN STUDENT COUNT.
Section 117(h) of the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2327(h)) is amended by striking
paragraph (2) and inserting the following:
``(2) Indian student count.--
``(A) In general.--The term `Indian student count'
means a number equal to the total number of Indian
students enrolled in each tribally-controlled
postsecondary vocational and technical institution, as
determined in accordance with subparagraph (B).
``(B) Determination.--
``(i) Enrollment.--For each academic year,
the Indian student count shall be determined on
the basis of the enrollments of Indian students
as in effect at the conclusion of--
``(I) in the case of the fall term,
the third week of the fall term; and
``(II) in the case of the spring
term, the third week of the spring
term.
``(ii) Calculation.--For each academic
year, the Indian student count for a tribally-
controlled postsecondary vocational and
technical institution shall be the quotient
obtained by dividing--
``(I) the sum of the credit-hours
of all Indian students enrolled in the
tribally-controlled postsecondary
vocational and technical institution
(as determined under clause (i)); by
``(II) 12.
``(iii) Summer term.--Any credit earned in
a class offered during a summer term shall be
counted in the determination of the Indian
student count for the succeeding fall term.
``(iv) Students without secondary school
degrees.--
``(I) In general.--A credit earned
at a tribally-controlled postsecondary
vocational and technical institution by
any Indian student that has not
obtained a secondary school degree (or
the recognized equivalent of such a
degree) shall be counted toward the
determination of the Indian student
count if the institution at which the
student is enrolled has established
criteria for the admission of the
student on the basis of the ability of
the student to benefit from the
education or training of the
institution.
``(II) Presumption.--The
institution shall be presumed to have
established the criteria described in
subclause (I) if the admission
procedures for the institution include
counseling or testing that measures the
aptitude of a student to successfully
complete a course in which the student
is enrolled.
``(III) Credits toward secondary
school degree.--No credit earned by an
Indian student for the purpose of
obtaining a secondary school degree (or
the recognized equivalent of such a
degree) shall be counted toward the
determination of the Indian student
count under this clause.
``(v) Continuing education programs.--Any
credit earned by an Indian student in a
continuing education program of a tribally-
controlled postsecondary vocational and
technical institution shall be included in the
determination of the sum of all credit hours of
the student if the credit is converted to a
credit-hour basis in accordance with the system
of the institution for providing credit for
participation in the program.''.
Passed the Senate July 26, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 with respect to grants to tribally controlled postsecondary vocational and technical institutions that are not receiving federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act to provide basic support for the education and training of Indian students.
Revises the definition of "Indian student count" (essential to the formula for the determination of grant amounts).
Requires the Indian student count to be determined according to a specified formula, for each academic year, on the basis of the enrollments of Indian students as in effect at the conclusion of the third week of the fall term and the third week of the spring term. Allows the counting of students without secondary school degrees under certain circumstances. | A bill to amend the Carl D. Perkins Vocational and Technical Education Act of 1998 to modify the definition of "Indian student count". |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention, Awareness, and Research
Auto-Immune Disease Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Lupus Foundation of America estimates that at least
1.5 million Americans have a form of lupus, 9 out of 10 of
these Americans are women, and 80 percent of all newly
diagnosed cases of lupus are among women of childbearing age.
(2) According to a Lupus Foundation of America survey, more
than half of the people with lupus suffered for 4 or more years
and visited 3 or more doctors before obtaining a diagnosis of
lupus.
(3) Early diagnosis of and commencement of treatment for
lupus can prevent or reduce serious organ damage, disability,
and death.
(4) About 1 out of 5 lupus sufferers receives disability
payments, costing the Government several billion dollars each
year for social security disability benefits, lost taxes, and
medical care provided through Medicare and Medicaid.
(5) The average annual cost of medical treatment for an
individual with lupus is $6,000 to $10,000; for some people,
medical costs may exceed several thousand dollars every month.
(6) Despite the prevalence of lupus, public awareness and
understanding of lupus remains low. According to a Lupus
Foundation of America survey, only 1 out of 5 Americans can
provide even basic information about lupus.
(7) Awareness of lupus is lowest among adults ages 18 to
34, the age group most likely to develop symptoms of lupus.
(8) Multiple sclerosis is a chronic and often disabling
disease of the central nervous system which often first appears
in people who are 20 to 50 years of age, with lifelong physical
and emotional effects.
(9) Multiple sclerosis is twice as common in women as in
men.
(10) An estimated 250,000 to 400,000 individuals have
multiple sclerosis nationally.
(11) The average annual cost of multiple sclerosis to each
affected individual is approximately $50,000, and the total
cost can exceed $3,000,000 over an individual's lifetime.
(12) The annual cost of treating all people who suffer from
multiple sclerosis in the United States is approximately
$20,000,000,000.
(13) Symptoms of multiple sclerosis can be mild (such as
numbness in the limbs) or severe (such as paralysis or loss of
vision).
(14) The progress, severity, and specific symptoms of
multiple sclerosis in any one individual cannot yet be
predicted.
(15) Arthritis is the number one cause of disability in the
United States.
(16) Among the 2,100,000 people with rheumatoid arthritis
in the United States, women outnumber men 3 to 1.
(17) The total direct costs of rheumatoid arthritis,
including money spent on treatments, hospitalizations,
medications, transportation, and specialist aids, is
approximately $1,200,000,000 each year.
(18) The average medical care expenditures over the course
of a rheumatoid arthritis patient's lifetime is $225,000 to
$370,000.
(19) Fibromyalgia is believed to affect approximately
3,700,000 people (approximately 2 percent of the United States
population) and occurs more commonly in women than men.
(20) The exact cause of fibromyalgia is unknown, but may be
triggered by stress, trauma, or possibly an infectious agent in
susceptible people.
SEC. 3. GRANTS TO INCREASE AWARENESS OF AUTOIMMUNE DISEASES.
(a) Purpose.--The purpose of this section is to increase awareness
of autoimmune diseases, such as lupus, multiple sclerosis, rheumatoid
arthritis, and fibromyalgia, in order to provide to the public a more
complete understanding of these diseases, which affect 5 to 10 percent
of the people in the United States.
(b) Amendments.--Title III of the Public Health Service Act (42
U.S.C. 241 et seq.) is amended--
(1) by moving section 317R so that such section follows
section 317Q; and
(2) by inserting after section 317R (as so moved) the
following:
``Sec. 317S. (a) Grants to Increase Awareness of Autoimmune
Diseases.--The Secretary, acting through the Director of the Centers
for Disease Control and Prevention, shall award grants to eligible
entities to conduct public and professional awareness activities
regarding autoimmune diseases, such as lupus, multiple sclerosis,
rheumatoid arthritis, and fibromyalgia.
``(b) Use of Funds.--In conducting public and professional
awareness activities with a grant under this section, an eligible
entity may do any of the following:
``(1) Promote increased awareness of early intervention and
treatment so as to significantly improve the quality of life
for people with autoimmune diseases, such as lupus, multiple
sclerosis, rheumatoid arthritis, and fibromyalgia.
``(2) Target minority communities that may be underserved
or disproportionately affected by autoimmune diseases, such as
lupus, multiple sclerosis, rheumatoid arthritis, and
fibromyalgia.
``(3) Target women (who are disproportionately affected by
autoimmune diseases, such as lupus, multiple sclerosis,
rheumatoid arthritis, and fibromyalgia) so as to help reduce
the amount of time taken for correct diagnosis of such
diseases, which often takes more than 1 year.
``(c) Eligible Entity.--For purposes of this section, the term
`eligible entity' means a nonprofit organization, a consumer group, an
institution of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), a Federal, State, or
local governmental agency, or a media organization.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $18,000,000 for each of fiscal
years 2004 and 2005.''.
SEC. 4. GRANTS FOR EDUCATION ON RELATIONSHIP BETWEEN AUTOIMMUNE
DISEASES AND MENTAL ILLNESSES.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.),
as amended by section 3 of this Act, is amended by inserting after
section 317S the following:
``Sec. 317T. (a) Grants for Education on Relationship Between
Autoimmune Diseases and Mental Illnesses.--The Secretary, acting
through the Administrator of the Health Resources and Services
Administration, shall award grants to eligible entities for the
education of health care providers on potential links between
autoimmune diseases, such as lupus, multiple sclerosis, rheumatoid
arthritis, and fibromyalgia, and cognitive and mood disorders, such as
depression.
``(b) Eligible Entity.--For purposes of this section, the term
`eligible entity' means a nonprofit organization, a consumer group, an
institution of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), a Federal, State, or
local governmental agency, or a media organization.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2004 and 2005.''.
SEC. 5. LOAN REPAYMENT PROGRAM REGARDING PHYSICIAN RESEARCH ON
AUTOIMMUNE DISEASES.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
is amended--
(1) by redesignating the second section 487F as section
487G; and
(2) by inserting after section 487G (as so redesignated)
the following:
``SEC. 487H. LOAN REPAYMENT PROGRAM REGARDING PHYSICIAN RESEARCH ON
AUTOIMMUNE DISEASES.
``(a) Establishment.--To the extent and in the amounts provided in
advance in appropriations Acts, the Secretary, acting through the
Administrator of the Health Resources and Services Administration,
shall establish a program to enter into contracts with qualified
physicians under which such qualified physicians agree to conduct
research for a period of at least 3 years regarding autoimmune
diseases, such as lupus, multiple sclerosis, rheumatoid arthritis, and
fibromyalgia, in consideration of the Federal Government agreeing to
repay, for each year of service conducting such research, not more than
$35,000 of the principal and interest of the educational loans of such
qualified physicians.
``(b) Application of Provisions.--Except as inconsistent with this
section, the provisions of sections 338B, 338C, and 338E shall apply to
the program established under this section to the same extent and in
the same manner as such provisions apply to the National Health Service
Corps Loan Repayment Program established in subpart III of part D of
title III.
``(c) Qualified Physician.--For purposes of this section, the term
`qualified physician' means any individual who has received, or will
have received by the time of the research to be conducted under this
section, a degree of doctor of medicine or its equivalent and is
licensed to practice medicine in the United States.
``(d) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated such sums as may be necessary for each fiscal
year.
``(2) Availability.--Amounts appropriated for carrying out
this section shall remain available until the expiration of the
second fiscal year beginning after the fiscal year for which
the amounts were made available.''. | Prevention, Awareness, and Research Auto-Immune Disease Act - Amends the Public Health Service Act to provide grants through the Centers for Disease Control to conduct public and professional awareness activities regarding autoimmune diseases, including lupus, multiple sclerosis, rheumatoid arthritis, and fibromyalgia.
Provides grants through the Health Resources and Services Administration for the education of health care providers on potential links between autoimmune diseases and cognitive and mood disorders such as depression.
Establishes a research program where qualified physicians agree to conduct research concerning autoimmune diseases in exchange for student loan repayment. | To increase awareness of and research on autoimmune diseases, such as lupus, multiple sclerosis, rheumatoid arthritis, and fibromyalgia, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Universal National
Service Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. National service obligation.
Sec. 3. Two-year period of national service.
Sec. 4. Implementation by the President.
Sec. 5. Induction.
Sec. 6. Deferments and postponements.
Sec. 7. Induction exemptions.
Sec. 8. Conscientious objection.
Sec. 9. Discharge following national service.
Sec. 10. Registration of females under the Military Selective Service
Act.
Sec. 11. Relation of Act to registration and induction authority of
Military Selective Service Act.
Sec. 12. Definitions.
SEC. 2. NATIONAL SERVICE OBLIGATION.
(a) Obligation for Young Persons.--It is the obligation of every
citizen of the United States, and every other person residing in the
United States, who is between the ages of 18 and 26 to perform a period
of national service as prescribed in this Act unless exempted under the
provisions of this Act.
(b) Form of National Service.--National service under this Act
shall be performed either--
(1) as a member of an active or reserve component of the
uniformed services; or
(2) in a civilian capacity that, as determined by the
President, promotes the national defense, including national or
community service and homeland security.
(c) Induction Requirements.--The President shall provide for the
induction of persons covered by subsection (a) to perform national
service under this Act.
(d) Selection for Military Service.--Based upon the needs of the
uniformed services, the President shall--
(1) determine the number of persons covered by subsection
(a) whose service is to be performed as a member of an active
or reserve component of the uniformed services; and
(2) select the individuals among those persons who are to
be inducted for military service under this Act.
(e) Civilian Service.--Persons covered by subsection (a) who are
not selected for military service under subsection (d) shall perform
their national service obligation under this Act in a civilian capacity
pursuant to subsection (b)(2).
SEC. 3. TWO-YEAR PERIOD OF NATIONAL SERVICE.
(a) General Rule.--Except as otherwise provided in this section,
the period of national service performed by a person under this Act
shall be two years.
(b) Grounds for Extension.--At the discretion of the President, the
period of military service for a member of the uniformed services under
this Act may be extended--
(1) with the consent of the member, for the purpose of
furnishing hospitalization, medical, or surgical care for
injury or illness incurred in line of duty; or
(2) for the purpose of requiring the member to compensate
for any time lost to training for any cause.
(c) Early Termination.--The period of national service for a person
under this Act shall be terminated before the end of such period under
the following circumstances:
(1) The voluntary enlistment and active service of the
person in an active or reserve component of the uniformed
services for a period of at least two years, in which case the
period of basic military training and education actually served
by the person shall be counted toward the term of enlistment.
(2) The admission and service of the person as a cadet or
midshipman at the United States Military Academy, the United
States Naval Academy, the United States Air Force Academy, the
Coast Guard Academy, or the United States Merchant Marine
Academy.
(3) The enrollment and service of the person in an officer
candidate program, if the person has signed an agreement to
accept a Reserve commission in the appropriate service with an
obligation to serve on active duty if such a commission is
offered upon completion of the program.
(4) Such other grounds as the President may establish.
SEC. 4. IMPLEMENTATION BY THE PRESIDENT.
(a) In General.--The President shall prescribe such regulations as
are necessary to carry out this Act.
(b) Matter To Be Covered by Regulations.--Such regulations shall
include specification of the following:
(1) The types of civilian service that may be performed for
a person's national service obligation under this Act.
(2) Standards for satisfactory performance of civilian
service and of penalties for failure to perform civilian
service satisfactorily.
(3) The manner in which persons shall be selected for
induction under this Act, including the manner in which those
selected will be notified of such selection.
(4) All other administrative matters in connection with the
induction of persons under this Act and the registration,
examination, and classification of such persons.
(5) A means to determine questions or claims with respect
to inclusion for, or exemption or deferment from induction
under this Act, including questions of conscientious objection.
(6) Standards for compensation and benefits for persons
performing their national service obligation under this Act
through civilian service.
(7) Such other matters as the President determines
necessary to carry out this Act.
(c) Use of Prior Act.--To the extent determined appropriate by the
President, the President may use for purposes of this Act the
procedures provided in the Military Selective Service Act (50 U.S.C.
App. 451 et seq.), including procedures for registration, selection,
and induction.
SEC. 5. INDUCTION.
(a) In General.--Every person subject to induction for national
service under this Act, except those whose training is deferred or
postponed in accordance with this Act, shall be called and inducted by
the President for such service at the time and place specified by the
President.
(b) Age Limits.--A person may be inducted under this Act only if
the person has attained the age of 18 and has not attained the age of
26.
(c) Voluntary Induction.--A person subject to induction under this
Act may volunteer for induction at a time other than the time at which
the person is otherwise called for induction.
(d) Examination; Classification.--Every person subject to induction
under this Act shall, before induction, be physically and mentally
examined and shall be classified as to fitness to perform national
service. The President may apply different classification standards for
fitness for military service and fitness for civilian service.
SEC. 6. DEFERMENTS AND POSTPONEMENTS.
(a) High School Students.--A person who is pursuing a standard
course of study, on a full-time basis, in a secondary school or similar
institution of learning shall be entitled to have induction under this
Act postponed until the person--
(1) obtains a high school diploma;
(2) ceases to pursue satisfactorily such course of study;
or
(3) attains the age of 20.
(b) Hardship and Disability.--Deferments from national service
under this Act may be made for--
(1) extreme hardship; or
(2) physical or mental disability.
(c) Training Capacity.--The President may postpone or suspend the
induction of persons for military service under this Act as necessary
to limit the number of persons receiving basic military training and
education to the maximum number that can be adequately trained.
(d) Termination.--No deferment or postponement of induction under
this Act shall continue after the cause of such deferment or
postponement ceases.
SEC. 7. INDUCTION EXEMPTIONS.
(a) Qualifications.-- No person may be inducted for military
service under this Act unless the person is acceptable to the Secretary
concerned for training and meets the same health and physical
qualifications applicable under section 505 of title 10, United States
Code, to persons seeking original enlistment in a regular component of
the Armed Forces.
(b) Other Military Service.--No person shall be liable for
induction under this Act who--
(1) is serving, or has served honorably for at least six
months, in any component of the uniformed services on active
duty; or
(2) is or becomes a cadet or midshipman at the United
States Military Academy, the United States Naval Academy, the
United States Air Force Academy, the Coast Guard Academy, the
United States Merchant Marine Academy, a midshipman of a Navy
accredited State maritime academy, a member of the Senior Reserve
Officers' Training Corps, or the naval aviation college program, so
long as that person satisfactorily continues in and completes two years
training therein.
SEC. 8. CONSCIENTIOUS OBJECTION.
(a) Claims as Conscientious Objector.--Any person selected under
this Act for induction into the uniformed services who claims, because
of religious training and belief (as defined in section 6(j) of the
Military Selective Service Act (50 U.S.C. 456(j))), exemption from
combatant training included as part of that military service and whose
claim is sustained under such procedures as the President may
prescribe, shall, when inducted, participate in military service that
does not include any combatant training component.
(b) Transfer to Civilian Service.--Any such person whose claim is
sustained may, at the discretion of the President, be transferred to a
national service program for performance of such person's national
service obligation under this Act.
SEC. 9. DISCHARGE FOLLOWING NATIONAL SERVICE.
(a) Discharge.--Upon completion or termination of the obligation to
perform national service under this Act, a person shall be discharged
from the uniformed services or from civilian service, as the case may
be, and shall not be subject to any further service under this Act.
(b) Coordination With Other Authorities.--Nothing in this section
shall limit or prohibit the call to active service in the uniformed
services of any person who is a member of a regular or reserve
component of the uniformed services.
SEC. 10. REGISTRATION OF FEMALES UNDER THE MILITARY SELECTIVE SERVICE
ACT.
(a) Registration Required.--Section 3(a) of the Military Selective
Service Act (50 U.S.C. 453(a)) is amended--
(1) by striking ``male'' both places it appears;
(2) by inserting ``or herself'' after ``himself''; and
(3) by striking ``he'' and inserting ``the person''.
(b) Conforming Amendment.--Section 16(a) of the Military Selective
Service Act (50 U.S.C. App. 466(a)) is amended by striking ``men'' and
inserting ``persons''.
SEC. 11. RELATION OF ACT TO REGISTRATION AND INDUCTION AUTHORITY OF
MILITARY SELECTIVE SERVICE ACT.
(a) Registration.--Section 4 of the Military Selective Service Act
(50 U.S.C. App. 454) is amended by inserting after subsection (g) the
following new subsection:
``(h) This section does not apply with respect to the induction of
persons into the Armed Forces pursuant to the Universal National
Service Act of 2003.''.
(b) Induction.--Section 17(c) of the Military Selective Service Act
(50 U.S.C. App. 467(c)) is amended by striking ``now or hereafter'' and
all that follows through the period at the end and inserting ``inducted
pursuant to the Universal National Service Act of 2003.''.
SEC. 12. DEFINITIONS.
In this Act:
(1) The term ``military service'' means service performed
as a member of an active or reserve component of the uniformed
services.
(2) The term ``Secretary concerned'' means the Secretary of
Defense with respect to the Army, Navy, Air Force, and Marine
Corps, the Secretary of Homeland Security with respect to the
Coast Guard, the Secretary of Commerce, with respect to matters
concerning the National Oceanic and Atmospheric Administration,
and the Secretary of Health and Human Services, with respect to
matters concerning the Public Health Service.
(3) The term ``United States'', when used in a geographical
sense, means the several States, the District of Columbia,
Puerto Rico, the Virgin Islands, and Guam.
(4) The term ``uniformed services'' means the Army, Navy,
Air Force, Marine Corps, Coast Guard, commissioned corps of the
National Oceanic and Atmospheric Administration, and
commissioned corps of the Public Health Service. | Universal National Service Act of 2003 - Declares that it is the obligation of every U.S. citizen, and every other person residing in the United States, between the ages of 18 and 26 to perform a two-year period of national service, unless exempted, either as a member of an active or reserve component of the armed forces or in a civilian capacity that promotes national defense. Requires induction into national service by the President. Sets forth provisions governing: (1) induction deferments, postponements, and exemptions, including exemption of a conscientious objector from military service that includes combatant training; and (2) discharge following national service.Amends the Military Selective Service Act to authorize the military registration of females. | A bill to provide for the common defense by requiring that all young persons in the United States, including women, perform a period of military service or a period of civilian service in furtherance of the national defense and homeland security, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Scams Prevention Act''.
SEC. 2. SENIOR SCAMS PREVENTION ADVISORY COUNCIL.
(a) Establishment.--There is established a Senior Scams Prevention
Advisory Council (referred to in this Act as the ``Advisory Council'').
(b) Members.--The Advisory Council shall be composed of the
following members or the designees of those members:
(1) The Chairman of the Federal Trade Commission.
(2) The Secretary of the Treasury.
(3) The Attorney General.
(4) The Director of the Bureau of Consumer Financial
Protection.
(5) Not more than 2 representatives from each of the
following sectors, including trade associations, to be selected
by the Chairman of the Federal Trade Commission:
(A) Retail.
(B) Gift card.
(C) Telecommunications.
(D) Wire transfer services.
(E) Senior peer advocates.
(F) Consumer advocacy organization with efforts
focused on preventing seniors from becoming the victims
of scams.
(G) Financial services, including institutions who
engage in digital currency.
(H) Prepaid cards.
(6) Any other Federal, State, or local agency, industry
representative, consumer advocate, or entity, as determined by
the Chairman of the Federal Trade Commission.
(c) Duties.--
(1) In general.--The Advisory Council shall, while
considering public comment--
(A) collect information on the existence, use, and
success of model educational materials and programs for
retailers, financial services and wire transfer
companies, which--
(i) may be used as a guide to educate
employees on how to identify and prevent scams
that affect seniors; and
(ii) include--
(I) useful information for
retailers, financial services, and wire
transfer companies for the purpose
described in clause (i);
(II) training for employees on ways
to identify and prevent senior scams;
(III) the best methods for keeping
employees up to date on current scams;
(IV) the most effective signage and
best placement for signage in retail
locations to warn seniors about
scammers' use of gift cards and wire
transfer services;
(V) suggestions on effective
collaborative community education
campaigns;
(VI) available technology to assist
in identifying possible scams at the
point of sale; and
(VII) other information that would
be helpful to retailers and wire
transfer companies and their employees
as they work to prevent fraud affecting
seniors; and
(B) based on the findings in subparagraph (A)--
(i) identify inadequacies, omissions, or
deficiencies in those educational materials and
programs for the categories listed in
subparagraph (A) and their execution in
reaching employees to protect older adults; and
(ii) create model materials to fill those
inadequacies, omissions, or deficiencies.
(2) Encouraged use.--The Chairman of the Federal Trade
Commission shall, after the public comment period is complete--
(A) make the model educational materials and
programs and information about execution of the
programs described in paragraph (1) publicly available;
and
(B) encourage the use and distribution of the
materials created under this subsection to prevent
scams affecting seniors by governmental agencies and
the private sector.
(d) Reports.--Section 101(c) of the Elder Abuse Prevention and
Prosecution Act (34 U.S.C. 21711(c)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) for the Federal Trade Commission, include
information on--
``(i) the Senior Scams Prevention Advisory
Council's newly created model materials, any
recommendations of the Advisory Council, and
any views or considerations made by members of
the Advisory Council or by public comment that
were not included in the Advisory Council's
model materials or considered an official
recommendation by the Advisory Council;
``(ii) the Senior Scams Prevention Advisory
Council's findings about senior scams
(including information about the ways scams
affect seniors, including the negative effects
on their well-being); and
``(iii) any recommendations on ways
stakeholders can continue to work together to
reduce scams affecting seniors.''.
(e) Termination.--This Act, and the amendments made by this Act,
ceases to be effective on the date that is 5 years after the date of
enactment of this Act. | Senior Scams Prevention Act This bill establishes a Senior Scams Prevention Advisory Council, which shall create model educational materials to educate employees of retailers, financial-services companies, and wire-transfer companies on how to identify and prevent scams that affect seniors. | Senior Scams Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hate Crimes Prevention Act of
1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the incidence of violence motivated by the actual or
perceived race, color, national origin, religion, sexual
orientation, gender, or disability of the victim poses a
serious national problem;
(2) such violence disrupts the tranquility and safety of
communities and is deeply divisive;
(3) existing Federal law is inadequate to address this
problem;
(4) such violence affects interstate commerce in many ways,
including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment or participating in other commercial
activity;
(5) perpetrators cross State lines to commit such violence;
(6) instrumentalities of interstate commerce are used to
facilitate the commission of such violence;
(7) such violence is committed using articles that have
traveled in interstate commerce;
(8) violence motivated by bias that is a relic of slavery
can constitute badges and incidents of slavery;
(9) although many local jurisdictions have attempted to
respond to the challenges posed by such violence, the problem
is sufficiently serious, widespread, and interstate in scope to
warrant Federal intervention to assist such jurisdictions; and
(10) many States have no laws addressing violence based on
the actual or perceived race, color, national origin, religion,
sexual orientation, gender, or disability, of the victim, while
other States have laws that provide only limited protection.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c)(1) Whoever, whether or not acting under color of law,
willfully causes bodily injury to any person or, through the use of
fire, a firearm, or an explosive device, attempts to cause bodily
injury to any person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both if--
``(i) death results from the acts committed in
violation of this paragraph; or
``(ii) the acts omitted in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(2)(A) Whoever, whether or not acting under color of law, in any
circumstance described in subparagraph (B), willfully causes bodily
injury to any person or, through the use of fire, a firearm, or an
explosive device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, gender, sexual
orientation, or disability of any person--
``(i) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both, if--
``(I) death results from the acts committed in
violation of this paragraph; or
``(II) the acts committed in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(B) For purposes of subparagraph (A), the circumstances described
in this subparagraph are that--
``(i) in connection with the offense, the defendant or the
victim travels in interstate or foreign commerce, uses a
facility or instrumentality of interstate or foreign commerce,
or engages in any activity affecting interstate or foreign
commerce; or
``(ii) the offense is in or affects interstate or foreign
commerce.''.
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, the United
States Sentencing Commission shall study the issue of adult recruitment
of juveniles to commit hate crimes and shall, if appropriate, amend the
Federal sentencing guidelines to provide sentencing enhancements (in
addition to the sentencing enhancement provided for the use of a minor
during the commission of an offense) for adult defendants who recruit
juveniles to assist in the commission of hate crimes.
(b) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the
same offense.
SEC. 6. GRANT PROGRAM.
(a) Authority To Make Grants.--The Administrator of the Office of
Juvenile Justice and Delinquency Prevention of the Department of
Justice shall make grants, in accordance with such regulations as the
Attorney General may prescribe, to State and local programs designed to
combat hate crimes committed by juveniles.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 1998, 1999, and 2000 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 245 of title 18, United States
Code (as amended by this Act).
SEC. 8. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Hate Crimes Prevention Act of 1997 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce.
(Sec. 5) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes.
(Sec. 6) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations.
(Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting. | Hate Crimes Prevention Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Aid to Community Heroes
Act of 2008''.
SEC. 2. CHARITABLE ORGANIZATIONS PERMITTED TO COLLECT AND DISPERSE
DEDUCTIBLE CONTRIBUTIONS FOR CERTAIN INDIVIDUALS WHO ARE
INJURED OR KILLED IN AN EFFORT TO PROTECT LIFE OR
PROPERTY.
(a) In General.--Section 170 of the Internal Revenue Code of 1986
(relating to charitable, etc., contributions and gifts) is amended by
redesignating subsection (p) as subsection (q) and by inserting after
subsection (o) the following new subsection:
``(p) Charitable Organizations Permitted To Collect and Disperse
Deductible Contributions for Certain Individuals Who Are Injured or
Killed in an Effort To Protect Life or Property.--For purposes of this
title--
``(1) In general.--Payments made by an organization
described in paragraph (1) or (2) of section 509(a) to an
eligible individual or to a member of such individual's family
shall be treated as related to the purpose or function
constituting the basis for such organization's exemption under
section 501 if the requirements of paragraphs (3), (4), and (5)
are met.
``(2) Eligible individual.--For purposes of this
subsection, the term `eligible individual' means any individual
who is injured or killed in an effort to protect life or
property if such individual is injured or killed while on duty
as--
``(A) any Federal, State, or local government
employee, or
``(B) a member of a qualified volunteer emergency
response organization (as defined in section
139B(c)(3)).
``(3) Fundraising requirements.--The requirements of this
paragraph are met if--
``(A) the organization referred to in paragraph (1)
does not engage in any effort to solicit contributions
for distribution under this subsection,
``(B) such organization accepts contributions with
respect to any death or injury only during the 1-year
period beginning on the last day of the event which
resulted in such death or injury,
``(C) at least 50 donors contribute to such
organization with respect to such event, and
``(D) more than 95 percent of the funds are
contributed by persons who are unrelated to any
individual who is entitled to any distribution from
such contributions.
``(4) Administrative requirements.--The requirements of
this paragraph are met if the entire amount contributed (and
any earnings thereon) is distributed to eligible individuals or
members of their families.
``(5) Distribution requirements.--
``(A) In general.--The requirements of this
paragraph are met with respect to an event if--
``(i) all distributions are made within 180
days after the close of the 1-year period
referred to in paragraph (3)(B), and
``(ii) of the aggregate amount to be
distributed--
``(I) half is distributed in equal
amounts to each eligible individual
with respect to such event, and
``(II) half is distributed in
accordance with subparagraph (B).
``(B) Family shares.--The amount required to be
distributed under this subparagraph shall be
distributed as follows (with shares being equal
amounts):
``(i) Each eligible individual shall
receive 1 share.
``(ii) Each spouse of an eligible
individual shall receive 1 share.
``(iii) Each qualifying child of an
eligible individual or an eligible individual's
spouse shall receive \1/2\ share.
``(6) Member of family.--For purposes of this subsection--
``(A) In general.--The members of the family of an
eligible individual are the spouse and qualifying
children of such individual.
``(B) Date of determination.--The determination of
whether an individual is a spouse or qualifying child
of an eligible individual shall be made as of the date
of the death or injury of such individual, whichever is
earlier.
``(C) Qualifying child.--The term `qualifying
child' means, with respect to an eligible individual,
any individual--
``(i) who bears a relationship to the
eligible individual or the eligible
individual's spouse which is described in
section 152(c)(2),
``(ii) who meets the age requirements of
section 152(c)(3), and
``(iii) over half of whose support is
provided by the eligible individual.
``(7) Deceased eligible individuals.--In the case of an
eligible individual who died as a result of the event to which
this subsection applies, references to such individual shall be
treated as references to the estate of such individual.
``(8) Organizations receiving contributions with respect to
more than 1 event.--If any organization receives contributions
with respect to more than 1 event, the provisions of this
subsection shall be applied separately with respect to each
event.''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions received by organizations after the date of the
enactment of this Act. | Charitable Aid to Community Heroes Act of 2008 - Amends the Internal Revenue Code to permit charitable organizations to receive contributions on behalf of federal, state, or local government employees or members of a volunteer emergency response organization who are injured or killed while protecting life or property and to distribute such contributions to such employees or members and their family members within a specified time period. | To amend the Internal Revenue Code of 1986 to allow charitable organizations to collect and disperse deductible contributions for certain individuals who are injured or killed in an effort to protect life or property. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Oversight Act''.
SEC. 2. TREATMENT OF CLASSIFIED INFORMATION IN POSSESSION OF HOUSE
INTELLIGENCE COMMITTEE.
(a) Requiring Certain Information to Be Made Available to Certain
Standing Committees.--Clause 11(g)(3) of rule X of the Rules of the
House of Representatives is amended--
(1) in the first sentence of subdivision (B), by striking
``as it may prescribe,'' and inserting ``as it may prescribe
subject to the requirements of subdivision (C),''; and
(2) by adding at the end the following new subdivisions:
``(C) The select committee may not reject a request by any standing
committee referred to in subdivision (D) to make information described
in subdivision (A) available to such committee if the information
relates to any matter within the jurisdiction of such committee, unless
the information reveals sensitive intelligence sources and methods or
reveals sensitive information related to a covert action (as defined in
section 503(e) of the National Security Act of 1947 (50 U.S.C.
413b(e)).
``(D) The committees referred to in this subdivision are as
follows:
``(i) The Committee on Appropriations.
``(ii) The Committee on Armed Services.
``(iii) The Committee on Energy and Commerce.
``(iv) The Committee on Financial Services.
``(v) The Committee on Government Reform.
``(vi) The Committee on Homeland Security.
``(vii) The Committee on International Relations.
``(viii) The Committee on the Judiciary.
``(ix) Any other standing committee designated by the
Speaker for purposes of this subdivision.''.
(b) Requiring Notification of Standing Committees of Information
Within Jurisdiction; Briefing by Members Serving on Both Committees.--
Clause 11(g) of rule X of the Rules of the House of Representatives is
amended by adding at the end the following new subparagraph:
``(6)(A) If the select committee is provided with information
described in subparagraph (3)(A) which relates to any matter within the
jurisdiction of a standing committee described in subparagraph (3)(D),
the select committee shall provide notice to such standing committee
not later than 7 legislative days after the select committee is
provided with the information, under such regulations as it may
prescribe in consultation with the Speaker and the minority leader.
``(B) After providing notice under subdivision (A) to a standing
committee, the members of the select committee who also serve on such
standing committee, in coordination with the chairman of such standing
committee, shall provide for a briefing of the entire membership of
such standing committee with respect to the information which is the
subject of the notice, in accordance with such procedures as may be
established by the select committee and the chairman of such standing
committee. Any member attending the briefing may be accompanied by a
staff person in the same manner and under the same terms and conditions
as provided in subparagraph (3)(B). This subdivision shall not apply
with respect to the Committee on Energy and Commerce, the Committee on
Financial Services, the Committee on Government Reform, or the
Committee on Homeland Security.''.
(c) Assistance to Standing Committees Requesting Briefing on
Classified Information Held by Executive Branch Offices.--Clause 11(g)
of rule X of the Rules of the House of Representatives, as amended by
subsection (b), is amended by adding at the end the following new
subparagraph:
``(7) If a standing committee described in subparagraph (3)(D)
provides the select committee with a copy of a request sent by the
standing committee to any entity in the executive branch for a briefing
regarding information described in subparagraph (3)(A) which relates to
any matter within the jurisdiction of the standing committee, the
select committee shall transmit a written response endorsing the
request to the standing committee and the entity in the executive
branch, unless the information reveals sensitive intelligence sources
and methods or reveals sensitive information related to a covert action
(as defined in section 503(e) of the National Security Act of 1947 (50
U.S.C. 413b(e)).''.
(d) Permitting Access to Staff Accompanying Member Granted Access
to Information.--Clause 11(g)(3)(B) of rule X of the Rules of the House
of Representatives is amended by adding at the end the following: ``A
Member to whom information is made available under this subdivision and
who serves on a standing committee described in subparagraph (D) may be
accompanied during the Member's review of the information by one
individual who is an employee of the Office of the Member or an
employee of such standing committee, but only if the employee has the
appropriate security clearance as determined by the select committee
(as defined under the National Security Act of 1947).''.
(e) Conforming Amendment Relating to Oversight Functions.--Clause
3(m) of rule X of the Rules of the House of Representatives is amended
by adding at the end the following: ``Nothing in this paragraph may be
construed to prohibit any disclosure authorized under clause 11 or the
disclosure by the select committee of the existence of any operation or
program which is not a covert action (as defined in section 503(e) of
the National Security Act of 1947 (50 U.S.C. 413b(e)).''.
SEC. 3. PROHIBITION ON DENYING INFORMATION TO A COMMITTEE RELATING TO
THE JURISDICTION OF THAT COMMITTEE.
Section 501(c) of the National Security Act of 1947 (50 U.S.C.
413(c)) is amended by adding at the end the following: ``The
congressional intelligence committees shall not establish any procedure
that denies another committee of the House of Representatives or the
Senate access to information, including classified transcripts,
records, data, charts, or files, in possession of the congressional
intelligence committees if such information relates to the jurisdiction
of the other committee, provided that such information does not reveal
sensitive intelligence sources and methods or sensitive information
related to a covert action.''.
SEC. 4. NO EFFECT ON RESTRICTIONS REGARDING HANDLING OF CLASSIFIED
INFORMATION.
Nothing in this Act or any amendment made by this Act may be
construed to affect any provision of law or any rule or regulation
governing the handling of classified information which is authorized to
be made available to any individual, including the application of
existing criminal and civil penalties and sanctions under the House
Rules providing for censure, removal from committee membership, or
expulsion from the House for a Member or removal from employment for
staff who have engaged in unauthorized disclosure of intelligence or
intelligence-related information. | Intelligence Oversight Act - Amends Rule X (Organization of Committees) of the Rules of the House of Representatives to prohibit the Select Committee on Intelligence from rejecting a request by one of certain standing committees to make classified information in the Intelligence Committee's possession about lawful intelligence or intelligence-related activities of a federal agency available to such committee if the information relates to any matter within the committee's jurisdiction, unless the information reveals sensitive intelligence sources and methods or reveals sensitive information related to a covert action.
Requires the Intelligence Committee to notify appropriate standing committees of any classified information received by it that falls within such a committee's jurisdiction. Requires Intelligence Committee members who also serve on the standing committee, in coordination with its chairman, to brief the entire membership on such classified information.
Provides for Intelligence Committee assistance to standing committees requesting a briefing on classified information held by executive branch offices.
Amends the National Security Act of 1947 to conform to this Act. | To amend the Rules of the House of Representatives to specify conditions under which the Permanent Select Committee on Intelligence of the House of Representatives shall be required to exercise its authority to make classified information in its possession available to certain standing committees of the House, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Buy-Down Act of 2011''.
SEC. 2. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC DEBT.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to returns and records) is amended by adding at
the end the following new part:
``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--Every individual with adjusted income tax
liability for any taxable year may designate that a portion of such
liability (not to exceed 10 percent thereof) shall be used to reduce
the public debt.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of tax imposed by chapter 1 for the taxable
year. The designation shall be made on the first page of the return or
on the page bearing the taxpayer's signature.
``(c) Adjusted Income Tax Liability.--For purposes of this section,
the adjusted income tax liability of an individual for any taxable year
is the income tax liability of the individual for the taxable year
determined under section 6096(b), reduced by any amount designated
under section 6096(a).''.
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end the following new item:
``Part IX. Designation for Reduction of Public Debt''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. PUBLIC DEBT REDUCTION TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following section:
``SEC. 9512. PUBLIC DEBT REDUCTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Public Debt
Reduction Trust Fund', consisting of any amount appropriated or
credited to the Trust Fund as provided in this section or section
9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Public Debt Reduction Trust Fund amounts equivalent to the amounts
designated under section 6097 (relating to designation for public debt
reduction).
``(c) Expenditures.--Amounts in the Public Debt Reduction Trust
Fund shall be used by the Secretary for purposes of paying at maturity,
or to redeem or buy before maturity, any obligation of the Federal
Government included in the public debt (other than an obligation held
by the Federal Old-Age and Survivors Insurance Trust Fund, or the
Department of Defense Military Retirement Fund). Any obligation which
is paid, redeemed, or bought with amounts from the Public Debt
Reduction Trust Fund shall be canceled and retired and may not be
reissued.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9512. Public Debt Reduction Trust Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the enactment of this Act.
SEC. 4. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE
THE PUBLIC DEBT.
(a) Sequestration To Reduce the Public Debt.--Part C of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
inserting after section 253 the following new section:
``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT.
``(a) Sequestration.--Notwithstanding sections 255 and 256, within
15 days after Congress adjourns to end a session, and on the same day
as sequestration (if any) under sections 251, 252, and 253, and under
section 5(b) of the Statutory Pay-As-You-Go Act of 2010, but after any
sequestration required by those sections, there shall be a
sequestration equivalent to the estimated aggregate amount designated
under section 6097 of the Internal Revenue Code of 1986 for the last
taxable year ending one year before the beginning of that session of
Congress, as estimated by the Department of the Treasury on October 1
and as modified by the total of--
``(1) any amounts by which net discretionary spending is
reduced by legislation below the discretionary spending limits
enacted after the enactment of this section related to the
fiscal year subject to the sequestration (or, in the absence of
such limits, any net deficit change from the baseline amount
calculated under section 257; and
``(2) the net deficit change that has resulted from all
direct spending legislation enacted after the enactment of this
section related to the fiscal year subject to the
sequestration, as estimated by OMB.
If the reduction in spending under paragraphs (1) and (2) for a fiscal
year is greater than the estimated aggregate amount designated under
section 6097 of the Internal Revenue Code of 1986 respecting that
fiscal year, then there shall be no sequestration under this section.
``(b) Applicability.--
``(1) In general.--Except as provided by paragraph (2),
each account of the United States shall be reduced by a dollar
amount calculated by multiplying the level of budgetary
resources in that account at that time by the uniform
percentage necessary to carry out subsection (a). All
obligational authority reduced under this section shall be done
in a manner that makes such reductions permanent.
``(2) Exempt accounts.--No order issued under this part
may--
``(A) reduce benefits payable to the old-age and
survivors insurance program established under title II
of the Social Security Act;
``(B) reduce retired or retainer pay payable to a
member or former member of the uniformed services; or
``(C) reduce payments for net interest (all of
major functional category 900).''.
(b) Reports.--Section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(1) in subsection (a), by adding at the end of the table
the following new item:
``October 1....................
Department of Treasury report
to Congress estimating
amount of income tax
designated pursuant to
section 6097 of the
Internal Revenue Code
of 1986.'';
(2) in subsection (c)(1), by inserting ``, and
sequestration to reduce the public debt,'' after
``sequestration'';
(3) in subsection (c), by redesignating paragraph (5) as
paragraph (6) and by inserting after paragraph (4) the
following new paragraph:
``(5) Reports on sequestration to reduce the public debt.--
The preview reports shall set forth for the budget year
estimates for each of the following:
``(A) The aggregate amount designated under section
6097 of the Internal Revenue Code of 1986 for the last
taxable year ending before the budget year.
``(B) The amount of reductions required under
section 253A and the deficit remaining after those
reductions have been made.
``(C) The sequestration percentage necessary to
achieve the required reduction in accounts under
section 253A(b).''; and
(4) in subsection (f), by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and by inserting
after paragraph (3) the following new paragraph:
``(4) Reports on sequestration to reduce the public debt.--
The final reports shall contain all of the information
contained in the public debt taxation designation report
required on October 1.''.
(c) Conforming Amendment.--The table of contents in section 250(a)
of the Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by inserting after the item relating to section 253 the
following new item:
``Sec. 253A. Sequestration to reduce the public debt.''.
(d) Effective Date.--Notwithstanding section 275(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the expiration date
set forth in that section shall not apply to the amendments made by
this section. The amendments made by this section shall cease to have
any effect after the first fiscal year during which there is no public
debt. | Debt Buy-Down Act of 2011 - Amends the Internal Revenue Code to allow individual taxpayers to designate up to 10% of their adjusted income tax liability for the reduction of the public debt.
Establishes in the Treasury the Public Debt Reduction Trust Fund to hold tax revenues generated by this Act for the reduction of the public debt.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require a sequestration of federal spending equivalent to the estimated aggregate amount designated by taxpayers under this Act to reduce the public debt. Prohibits any reduction in social security retirement benefits, veterans benefits, or interest payments on federal debt as a result of any such sequestration. | To amend the Internal Revenue Code of 1986 to allow individuals to designate that up to 10 percent of their income tax liability be used to reduce the national debt, and to require spending reductions equal to the amounts so designated. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Democracy 2000
Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Among the major problems of the District of Columbia
government has been the failure to clearly delineate
accountability.
(2) The statute establishing the District of Columbia
Financial Responsibility and Management Assistance Authority
proved necessary to enable the District to regain financial
stability and management control.
(3) The District has performed significantly better than
the Congress had anticipated at the time of the passage of the
Authority statute.
(4) The necessity for a financial authority has resulted in
a diffusion of responsibility between the Mayor, the Council,
and the Authority pending the time when the District government
would assume the home rule status quo ante.
(5) This lack of clear lines of reporting authority, in
turn, has led to some redundancy and confusion about
accountability and authority.
(6) The Authority statute requires the Authority to
``ensure the most efficient and effective delivery of services,
including public safety services, by the District government''
and to ``assist the District government in * * * ensuring the
appropriate and efficient delivery of services''.
(7) With the coming of a new administration led by Mayor
Anthony Williams, the Authority has taken the first step to
ensure the accountability that will be necessary at the
expiration of the control period by delegating day-to-day
operations over city agencies previously under control of the
Authority to the Mayor.
(8) The Congress agrees that the best way to ensure clear
and unambiguous authority and full accountability is for the
Mayor to have full authority over city agencies so that
citizens, the Authority, and the Congress can ascertain
responsibility.
(9) The transition of authority to the new administration
will take nothing from the Authority's power to intervene
during a control period.
(10) The congressional intent embodied in the Authority
statute contemplates full home rule by the District government
when it attains the necessary stability.
(11) Congress assumed that it would take 4 years of
balanced budgets to achieve the requisite stability.
(12) The District has exceeded congressional expectations
by submitting 3 years of balanced budgets plus surpluses.
(13) The Authority is an emergency body that should not be
held past the existence of the emergency at a cost to
democratic self-government.
(14) To take account of conditions that improved beyond
expectations, full self-government should return to the
District one year ahead of time, in the year 2000.
SEC. 3. RESTORATION OF MANAGEMENT AND PERSONNEL AUTHORITY OF MAYOR OF
THE DISTRICT OF COLUMBIA.
(a) In General.--Subtitle B of title XI of the Balanced Budget Act
of 1997 (DC Code, sec. 47-395.1 et seq.) is repealed.
(b) Conforming Amendment.--Section 1604(f)(2)(B) of the Taxpayer
Relief Act of 1997 (Public Law 105-34; 111 Stat. 1099) is repealed.
SEC. 4. SUSPENSION OF ACTIVITIES OF DISTRICT OF COLUMBIA FINANCIAL
RESPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHORITY.
(a) In General.--Section 209(b)(1)(B) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995 (DC
Code, sec. 47-392.9(b)(1)(B)) is amended by striking ``4'' and
inserting ``3''.
(b) Conforming Amendments.--(1) Section 107 of such Act (DC Code,
sec. 47-391.7) is amended--
(A) in subsection (a)(1), by inserting ``or any other Act''
after ``this Act''; and
(B) in subsection (b), by striking ``this Act,'' and
inserting ``this Act or any other Act,''.
(2) Section 456 of the District of Columbia Home Rule Act is
amended--
(A) in subsection (a)(1) (DC Code, sec. 47-231(a)), by
striking ``the District of Columbia Financial Responsibility
and Management Assistance Authority'' and inserting the
following: ``the Mayor (or, in the case of a fiscal year which
is a control year under the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, the
District of Columbia Financial Responsibility and Management
Assistance Authority)''; and
(B) in subsection (b)(1) (DC Code, sec. 47-232(a)), by
striking ``the Authority'' and inserting the following: ``the
Mayor or the District of Columbia Financial Responsibility and
Management Assistance Authority (as the case may be)''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995. | District of Columbia Democracy 2000 Act - Amends the District of Columbia Code, as amended by the Balanced Budget Act of 1997 and the Taxpayer Relief Act of 1997, to repeal the mandate and authority of the District of Columbia Financial Responsibility and Management Assistance Authority to develop and implement management reform plans. (Thus restores the management and personnel authority of the Mayor of the District of Columbia.)
Amends the District of Columbia Code, as amended by the District of Columbia Financial Responsibility and Management Assistance Act of 1995 and the District of Columbia Home Rule Act, to reduce by one consecutive fiscal year the Authority's control period (thus suspending the Authority's control activities after April 15, 1998). | District of Columbia Democracy 2000 Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bioenergy Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bioheat.--The term ``bioheat'' means the use of woody
biomass to generate heat.
(2) Biopower.--The term ``biopower'' means the use of woody
biomass to generate electricity.
(3) Initiative.--The term ``Initiative'' means the Bioheat
and Biopower Initiative established under section 3(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) State wood energy team.--The term ``State Wood Energy
Team'' means a collaborative group of stakeholders that--
(A) carry out activities within a State to identify
sustainable energy applications for woody biomass; and
(B) has been designated by the State and Private
Forestry organization of the Forest Service as a State
Wood Energy Team.
SEC. 3. BIOHEAT AND BIOPOWER INITIATIVE.
(a) Establishment.--The Secretary, acting jointly with the
Secretary of Agriculture, shall establish a collaborative working
group, to be known as the ``Bioheat and Biopower Initiative'', to carry
out the duties described in subsection (c).
(b) Board of Directors.--
(1) In general.--The Initiative shall be led by a Board of
Directors.
(2) Membership.--The Board of Directors shall consist of--
(A) representatives of the Department of Energy and
the Department of Agriculture, who shall serve as
cochairpersons of the Board;
(B) a senior officer or employee, each of whom
shall have a rank that is equivalent to the
departmental rank of a representative described in
subparagraph (A), of each of--
(i) the Department of the Interior;
(ii) the Environmental Protection Agency;
(iii) the National Science Foundation; and
(iv) the Office of Science and Technology
Policy; and
(C) at the election of the Secretary and the
Secretary of Agriculture, such other members as may be
appointed by the Secretaries, in consultation with the
Board.
(3) Meetings.--The Board of Directors shall meet not less
frequently than once each quarter.
(c) Duties.--The Initiative shall--
(1) coordinate research and development activities relating
to biopower and bioheat projects--
(A) between the Department of Agriculture and the
Department of Energy; and
(B) with other Federal departments and agencies;
(2) provide recommendations to the Department of
Agriculture and the Department of Energy concerning the
administration of this Act; and
(3) ensure that--
(A) solicitations are open and competitive with
respect to applicable annual grant awards; and
(B) objectives and evaluation criteria of
solicitations for those awards are clearly stated and
minimally prescriptive, with no areas of special
interest.
SEC. 4. GRANT PROGRAMS.
(a) Demonstration Grants.--
(1) Establishment.--The Secretary shall establish, within
the Bioenergy Technologies Office, a program under which the
Secretary shall provide grants to relevant projects to support
innovation and market development in bioheat and biopower.
(2) Applications.--To be eligible to receive a grant under
this subsection, the owner or operator of a relevant project
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(3) Allocation.--Of the amounts made available to carry out
this section, the Secretary shall allocate--
(A) $15,000,000 to projects that develop innovative
techniques for preprocessing biomass for heat and
electricity generation, with the goals of--
(i) lowering the costs of--
(I) distributed preprocessing
technologies, including technologies
designed to promote densification,
torrefaction, and the broader
commoditization of bioenergy
feedstocks; and
(II) transportation and logistics
costs; and
(ii) developing technologies and procedures
that maximize environmental integrity, such as
reducing greenhouse gas emissions and local air
pollutants and bolstering the health of forest
ecosystems and watersheds; and
(B) $15,000,000 to innovative bioheat and biopower
demonstration projects, including--
(i) district energy projects;
(ii) innovation in transportation and
logistics; and
(iii) innovative projects addressing the
challenges of retrofitting existing coal-fired
electricity generation facilities to use
biomass.
(4) Regional distribution.--In selecting projects to
receive grants under this subsection, the Secretary shall
ensure, to the maximum extent practicable, diverse geographical
distribution among the projects.
(5) Cost share.--The Federal share of the cost of a project
carried out using a grant under this subsection shall be 50
percent.
(6) Duties of recipients.--As a condition of receiving a
grant under this subsection, the owner or operator of a project
shall--
(A) participate in the applicable working group
under paragraph (7);
(B) submit to the Secretary a report that
includes--
(i) a description of the project and any
relevant findings; and
(ii) such other information as the
Secretary determines to be necessary to
complete the report of the Secretary under
paragraph (8); and
(C) carry out such other activities as the
Secretary determines to be necessary.
(7) Working groups.--The Secretary shall establish 2
working groups to share best practices and collaborate in
project implementation, of which--
(A) 1 shall be comprised of representatives of
feedstock projects that receive grants under paragraph
(3)(A); and
(B) 1 shall comprised of representatives of demand
and logistics projects that receive grants under
paragraph (3)(B).
(8) Reports.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing--
(A) each project for which a grant has been
provided under this subsection;
(B) any findings as a result of those projects; and
(C) the state of market and technology development,
including market barriers and opportunities.
(b) Thermally Led Wood Energy Grants.--
(1) Establishment.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, shall establish a
program under which the Secretary of Agriculture shall provide
grants to support commercially demonstrated thermally led wood
energy technologies, with priority given to projects proposed
by State Wood Energy Teams.
(2) Applications.--To be eligible to receive a grant under
this subsection, the owner or operator of a relevant project
shall submit to the Secretary of Agriculture an application at
such time, in such manner, and containing such information as
the Secretary of Agriculture may require.
(3) Allocation.--Of the amounts made available to carry out
this section, the Secretary of Agriculture shall allocate
$10,000,000 for feasibility assessments, engineering designs,
and construction of thermally led wood energy systems,
including pellet boilers, district energy systems, combined
heat and power installations, and other technologies.
(4) Regional distribution.--In selecting projects to
receive grants under this subsection, the Secretary of
Agriculture shall ensure, to the maximum extent practicable,
diverse geographical distribution among the projects.
(5) Cost share.--The Federal share of the cost of a project
carried out using a grant under this subsection shall be 50
percent.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $30,000,000 to the Secretary to provide grants under
subsection (a); and
(2) $10,000,000 to the Secretary of Agriculture to provide
grants under subsection (b).
SEC. 5. LOAN PROGRAMS; STRATEGIC ANALYSIS AND RESEARCH.
(a) Low-Interest Loans.--
(1) Establishment.--The Secretary of Agriculture shall
establish, within the Rural Development Office, a low-interest
loan program to support construction of thermally led
residential, commercial or institutional, and industrial wood
energy systems.
(2) Requirements.--The program under this subsection shall
be carried out in accordance with such requirements as the
Secretary of Agriculture may establish, by regulation, in
taking into consideration best practices.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture to carry out
this subsection $50,000,000.
(b) Energy Efficiency and Conservation Loan Program.--In addition
to loans under subsection (a), thermally led residential, commercial or
institutional, and industrial wood energy systems shall be eligible to
receive loans under the energy efficiency and conservation loan program
of the Department of Agriculture under section 2 of the Rural
Electrification Act of 1936 (7 U.S.C. 902).
(c) Strategic Analysis and Research.--
(1) In general.--The Secretary, acting jointly with the
Secretary of Agriculture (acting through the Chief of the
Forest Service), shall establish a bioheat and biopower
research program--
(A) the costs of which shall be divided equally
between the Department of Energy and the Department of
Agriculture;
(B) to be overseen by the Board of Directors of the
Initiative; and
(C) to carry out projects and activities--
(i)(I) to advance research and analysis on
the environmental, social, and economic costs
and benefits of the United States biopower and
bioheat industries, including associated
lifecycle analysis of greenhouse gas emissions
and net energy analysis; and
(II) to provide recommendations for policy
and investment in those areas;
(ii) to identify and assess, through a
joint effort between the Chief of the Forest
Service and the regional combined heat and
power groups of the Department of Energy, the
feasibility of thermally led district wood
energy opportunities in all regions of the
Forest Service regions, including by conducting
broad regional assessments, feasibility
studies, and preliminary engineering
assessments at individual facilities; and
(iii)(I) to offer to communities technical
assistance to explore thermally led wood energy
opportunities; and
(II) to provide enhanced services to
smaller communities that have limited resources
and capacity to pursue new thermally led wood
energy opportunities.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary and the Secretary of
Agriculture--
(A) $2,000,000 to carry out paragraph (1)(C)(i);
(B) $1,000,000 to carry out paragraph (1)(C)(ii);
and
(C) $1,000,000 to carry out paragraph (1)(C)(iii). | Bioenergy Act of 2015 This bill requires the Department of Energy (DOE) and the Department of Agriculture (USDA) to establish a working group known as the Bioheat and Biopower Initiative to: coordinate research and development relating to biopower and bioheat projects, provide recommendations to USDA and DOE regarding the implementation of this bill, and ensure that grants are awarded using an open and competitive process. Bioheat is the use of woody biomass to generate heat, and biopower is the use of woody biomass to generate electricity. DOE must establish: (1) a grant program for projects to support innovation and market development in bioheat and biopower, and (2) working groups to share best practices and collaborate in project implementation. The Forest Service must establish a grant program to support commercially demonstrated thermally led wood energy technologies. Priority is given to projects proposed by State Wood Energy Teams, which are groups of stakeholders that identify sustainable energy applications for woody biomass. The bill requires USDA to establish a loan program to support construction of thermally led residential, commercial or institutional, and industrial wood energy systems. The bill also makes these projects eligible for loans under USDA's energy efficiency and conservation loan program. DOE and the Forest Service must establish a bioheat and biopower research program to advance research on the costs and benefits, recommend policies and investments, assess the feasibility of thermally led district wood energy opportunities, and assist communities pursuing thermally led wood energy opportunities. | Bioenergy Act of 2015 |
OF COMPLAINT.
If, after a formal complaint is filed under section 8, the employee
and the head of the employing office resolve the issues involved, the
employee may withdraw the complaint or the parties may enter into a
written agreement, subject to the approval of the Board of Directors.
SEC. 12. COLLECTION AND PRESERVATION OF DOCUMENTS.
Beginning on the date a respondent receives a complaint under
section 8 and ending on the date final action has been taken on the
complaint, the respondent shall collect and preserve all documents and
other information relevant to such complaint.
SEC. 13. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee by any
Member, officer, or employee of the House of Representatives or the
Senate, or by the Architect of the Capitol, or anyone employed by the
Architect of the Capitol, as the case may be, because of the exercise
of a right under this Act or because of appearance as a witness in a
case under this Act constitutes an unlawful employment practice, which
may be remedied in the same manner under this Act as is a violation of
a law made applicable to Congress under section 2(a) or 4(b).
SEC. 14. CONFIDENTIALITY.
(a) Counseling.--All counseling shall be strictly confidential
except that the Office and the employee may agree to notify the head of
the employing office of the allegations.
(b) Mediation.--All mediation shall be strictly confidential.
(c) Hearings.--Except as provided in subsection (d), the hearings,
deliberations, and decisions of the hearing board shall be
confidential.
(d) Release of Records for Review.--The records and decisions of
hearing boards may be made public if required for the purpose of review
under section 9 or 10.
SEC. 15. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Laws Referred to in Section 2(a).--
(1) Fair labor standards act of 1938.--
(A) Definition.--Section 3(e)(2)(A)(iii) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)(A)(iii)) is amended to read as follows:
``(iii) in the Congress or in any unit of
the judicial branch of the Government which has
positions in the competitive service,''.
(B) Coverage.--Section 8 of the Fair Labor
Standards Amendments of 1989 is repealed.
(2) Title vii of the civil rights act of 1964.--
(A) Civil rights act of 1991.--Section 117 and
title III of the Civil Rights Act of 1991 (2 U.S.C.
60l, 120l et seq.) are repealed.
(B) Equal employment opportunity.--Section 717(a)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a))
is amended by striking out ``in those units of the
legislative and judicial branches of the Federal
Government having positions in the competitive
service'' and inserting in lieu thereof ``in all units
of the Congress and in those units of the judicial
branch of the Federal Government having positions in
the competitive service''.
(3) Americans with disabilities act of 1990.--Section 509
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12209) is repealed and section 101 of such Act (42 U.S.C.
12111) is amended--
(A) in paragraph (5)(B), by striking out ``the
United States'' the first time it appears and inserting
in lieu thereof ``the United States (except as provided
in paragraph (11))'', and
(B) by adding at the end the following:
``(11) The Congress shall be deemed an employer engaged in an
industry affecting commerce.''.
(4) Age discrimination in employment act of 1967.--Section
11(b) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 630(b)) is amended (A) by striking out ``and'' before
``(2)'', (B) by inserting before ``but'' the following: ``and
(3) the Congress'', and (C) by striking out ``the United
States, or'' and inserting in lieu thereof ``the executive and
judicial branch of the United States, or''.
(5) Family and medical leave act of 1993.--Title V of the
Family and Medical Leave Act of 1993 (2 U.S.C. 60m, 60n) is
repealed.
(b) Laws Referred to in Section 2(b).--
(1) Occupational safety and health.--
(A) Definition of employer.--Section 3(5) of the
Occupational Safety and Health Act of 1970 (29 U.S.C.
652(5)) is amended by striking out ``, but does not
include the United States or'' and inserting in lieu
thereof ``and includes the Congress (to the extent
authorized by a regulation of the Office of Compliance
established under section 4(c) of the Congressional
Accountability Act) but does not include executive or
judicial branch of the Federal Government or''.
(B) Definition of employee.--Section 3(6) of such
Act (29 U.S.C. 652(6)) is amended by inserting before
the period a comma and the following: ``and, to the
extent authorized by a regulation of the Office of
Compliance established under section 4(c) of the
Congressional Accountability Act, the employees of the
Congress shall be deemed to be employed in a business
affecting commerce for the purpose of this Act''.
(2) Freedom of information.--Section 552(f) of title 5,
United States Code, is amended by striking out ``or'' before
``any independent'' and by inserting before the period a comma
and the following: ``or the Congress (to the extent authorized
by a regulation of the Office of Compliance established under
section 4(c) of the Congressional Accountability Act)''.
(3) Privacy.--Section 552a(a)(1) of title 5, United States
Code, is amended by striking out ``552(e)'' and inserting in
lieu thereof ``552(f)''.
(4) Age discrimination.--Section 309(3) of the Age
Discrimination Act of 1975 (42 U.S.C. 6107) is amended by
inserting after ``means'' the following: ``the Congress (to the
extent authorized by a regulation of the Office of Compliance
established under section 4(c) of the Congressional
Accountability Act) and''.
(c) Rule of the House of Representatives.--Rule LI of the House of
Representatives is repealed.
SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation of a law made
applicable to Congress under section 4 to consider the--
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing office,
of an employee with respect to employment decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) an employee on the staff of the House of
Representatives or Senate leadership;
(2) an employee on the staff of a committee or
subcommittee;
(3) an employee on the staff of a Member of the House of
Representatives or Senate;
(4) an officer or employee of the House of Representatives
or Senate elected by the House of Representatives or Senate or
appointed by a Member of the House of Representatives or
Senate, other than those described in paragraphs (1) through
(3); or
(5) an applicant for a position that is to be occupied by
an individual described in paragraphs (1) through (4).
SEC. 17. REVIEW LIMIT.
No Congressional employee may commence a judicial proceeding to
redress practices prohibited under a law made applicable to Congress
under section 2(a) or 4(b) except as provided in this Act.
HR 2846 IH----2
HR 2846 IH----3 | Congressional Employees Fairness Act - Makes applicable to the Congress: (1) the Fair Labor Standards Act of 1938; (2) Title VII of the Civil Rights Act of 1964; (3) specified provisions of the Americans With Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967; and (4) the Family and Medical Leave Act of 1993.
Makes applicable to the Congress any provision of Federal law to the extent that it relates to: (1) the terms and conditions of employment (including hiring, promotion, or demotion, salary and wages, overtime compensation, benefits, work assignments or reassignments, and termination) of employees; (2) protection from discrimination in personnel actions; (3) the health and safety of employees; (4) the availability of information to the public; or (5) other areas deemed appropriate by the Independent Office of Compliance (Office).
Establishes the Office, in the legislative branch, to study and report to the Congress on the application of such laws.
Sets forth provisions relating to congressional procedures for approval of the Board of Directors' recommendations relating to the application of future Federal laws to the Congress.
Directs the Office to carry out an education program for Members of Congress and other employing authorities of the Congress respecting the laws applicable to them and a program to inform individuals of their rights under laws applicable to the Congress and under this Act.
Requires the procedure for consideration of alleged violations of such laws to consist of the following steps: (1) counseling; (2) mediation; (3) formal complaint and hearing by a hearing board; and (4) judicial review of a hearing board's decision.
Authorizes a congressional employee or any Member of Congress to petition the Personnel Appeals Board of the General Accounting Office to review a final decision if it is unconstitutional.
Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of a law made applicable to the Congress.
Requires the records and decisions of hearing boards to be made public if required for judicial review.
Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. | Congressional Employees Fairness Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counter-Terrorism and National
Security Act of 2007''.
SEC. 2. PROVIDING MATERIAL SUPPORT TO FACILITATE, REWARD, OR ENCOURAGE
ACTS OF TERRORISM.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339E. Providing material support to facilitate, reward, or
encourage acts of terrorism
``(a) Prohibition.--Whoever, in a circumstance provided in
subsection (b) provides, or attempts or conspires or agrees to provide,
material support or resources to the perpetrator of an act of
international terrorism, to a family member of such perpetrator, or to
any other person, with the intent to facilitate, reward, or encourage
that act or other acts of international terrorism, shall be fined under
this title or imprisoned not more than 15 years, or both, and, if death
results, shall be imprisoned for any term of years or for life.
``(b) Jurisdictional Bases.--A circumstance referred to in
subsection (a) is--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense involves the use of the mails or a
facility of interstate or foreign commerce;
``(3) an offender intends to facilitate, reward, or
encourage an act of international terrorism that affects
interstate or foreign commerce or would have affected
interstate or foreign commerce had it been consummated;
``(4) an offender intends to facilitate, reward, or
encourage an act of international terrorism that violates the
criminal laws of the United States;
``(5) an offender intends to facilitate, reward, or
encourage an act of international terrorism that is designed to
influence the policy or affect the conduct of the United States
Government;
``(6) an offender intends to facilitate, reward, or
encourage an act of international terrorism that occurs in part
within the United States and is designed to influence the
policy or affect the conduct of a foreign government;
``(7) an offender intends to facilitate, reward, or
encourage an act of international terrorism that causes or is
designed to cause death or serious bodily injury to a national
of the United States while that national is outside the United
States, or substantial damage to the property of a legal entity
organized under the laws of the United States (including any of
its States, districts, commonwealths, territories, or
possessions) while that property is outside of the United
States;
``(8) the offense occurs in whole or in part within the
United States, and an offender intends to facilitate, reward,
or encourage an act of international terrorism that is designed
to influence the policy or affect the conduct of a foreign
government; or
``(9) the offense occurs in whole or in part outside of the
United States, and an offender is a national of the United
States, a stateless person whose habitual residence is in the
United States, or a legal entity organized under the laws of
the United States (including any of its States, districts,
commonwealths, territories, or possessions).
``(c) Definitions.--For purposes of this section:
``(1) the term `material support or resources' has the same
meaning as in section 2339A(b) of this title;
``(2) the term `the perpetrator of an act' includes--
``(A) any person who commits the act;
``(B) any person who aids, abets, counsels,
commands, induces, or procures its commission; and
``(C) any person who attempts, plans, or conspires
to commit the act;
``(3) the term `international terrorism' has the same
meaning as in section 2331 of this title;
``(4) the term `facility of interstate or foreign commerce'
has the same meaning as in section 1958(b)(2) of this title;
``(5) the term `serious bodily injury' has the same meaning
as in section 1365 of this title; and
``(6) the term `national of the United States' has the same
meaning as in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''.
(b) Chapter Analysis.--The chapter analysis for chapter 113B of
title 18, United States Code, is amended by adding at the end the
following:
``2339D. Receiving military-type training from a foreign terrorist
organization.
``2339E. Providing material support to facilitate, reward, or encourage
acts of terrorism.''.
(c) Definitions.--Section 2332b(g)(5)(B)(i) of title 18, United
States Code is amended by striking all following ``2339C'' and
inserting the following: ``(relating to financing of terrorism), 2339E
(relating to providing material support to facilitate, reward, or
encourage acts of terrorism), or 2340A (relating to torture) of this
title;''.
SEC. 3. PROHIBITING ATTEMPTS AND CONSPIRACIES TO OBTAIN MILITARY-TYPE
TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
Section 2339D(a) of title 18, United States Code, is amended by
inserting ``, or attempts or conspires to do so,'' after ``foreign
terrorist organization''.
SEC. 4. KIDNAPPING AND RAPE OVERSEAS.
Section 2332 of title 18, United States Code, is amended by--
(1) redesignating the subsections (c) and (d) as
subsections (d) and (e), respectively;
(2) inserting the following new subsection (c):
``(c) Kidnapping.--Whoever outside the United States unlawfully
seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away,
or attempts or conspires to seize, confine, inveigle, decoy, kidnap,
abduct, or carry away, a national of the United States, shall be fined
under this title, punished by imprisonment for any term of years or for
life, or both, and if the death of any person results, shall be fined
under this title, punished by death or imprisonment for any term of
years or for life, or both.''; and
(3) in subsection (d) (as redesignated), by--
(A) inserting ``(as defined in section 1365 of this
title, including any conduct that, if the conduct
occurred in the special maritime and territorial
jurisdiction of the United States, would violate
section 2241 or 2242 of this title)'' after ``injury''
in paragraphs (1) and (2); and
(B) striking ``ten'' and inserting ``25''.
SEC. 5. HOSTAGE TAKING.
Section 1203 of title 18, United States Code, is amended to read as
follows:
``Sec. 1203. Hostage taking
``(a) Whoever, whether inside or outside the United States, seizes
or detains and threatens to kill, to injure, or to continue to detain
without lawful authority--
``(1) any officer or employee of the United States or of
any agency in any branch of the United States Government
(including any member of the uniformed services) while such
officer or employee is engaged in or on account of the
performance of official duties, or any person assisting such an
officer or employee in the performance of such duties or on
account of that assistance, or whoever attempts or conspires to
do so; or
``(2) except as provided in subsection (b) of this section,
another person in order to compel a third person or a
governmental organization to do or abstain from doing any act
as an explicit or implicit condition for the release of the
person detained, or whoever attempts or conspires to do so,
shall be punished by imprisonment for any term of years or for life
and, if the death of any person results, shall be punished by death or
life imprisonment.
``(b)(1) It is not an offense under subsection (a)(2) if the
conduct required for the offense occurred outside the United States
unless--
``(A) the offender or the person seized or detained is a
national of the United States;
``(B) the offender is found in the United States; or
``(C) the governmental organization sought to be compelled
is the Government of the United States.
``(2) It is not an offense under subsection (a)(2) if the conduct
required for the offense occurred inside the United States, each
alleged offender and each person seized or detained are nationals of
the United States, and each alleged offender is found in the United
States, unless the governmental organization sought to be compelled is
the Government of the United States.
``(c) As used in this section, the term `national of the United
States' has the meaning given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
SEC. 6. INTERFERENCE WITH FLIGHT CREW OR THREAT TO SAFETY OF AIRCRAFT.
Section 46504 of title 49, United States Code, is amended by--
(1) amending the heading for such section to read as
follows: ``Interference with flight crew or threat to safety of
aircraft.''; and
(2) designating the existing language as subsection (a),
and adding at the end the following:
``(b) An individual on an aircraft in the special aircraft
jurisdiction of the United States who knowingly or recklessly takes any
action that poses a serious threat to the safety of the aircraft or
other individuals on the aircraft, shall be fined under title 18,
imprisoned for not more than 10 years, or both.''.
SEC. 7. INCREASED PENALTIES FOR PROVIDING MATERIAL SUPPORT TO
TERRORISTS.
Section 2339D of title 18, United States Code, is amended by
striking ``or imprisoned for ten years, or both.'' and inserting ``and
imprisoned for not less than 3 years and not more than 15 years.''.
SEC. 8. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States Code, as
amended by this title, is amended by adding at the end the following:
``SEC. 2339F. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.
``(a) In General.--Any individual who is convicted of a Federal
crime of terrorism (as defined in section 2332b(g)) shall, as provided
by the court on motion of the Government, be ineligible for any or all
Federal benefits for any term of years or for life.
``(b) Federal Benefit Defined.--In this section, `Federal benefit'
has the meaning given that term in section 421(d) of the Controlled
Substances Act (21 U.S.C. 862(d)).''.
(b) Conforming Amendment.--The table of sections for chapter 113B
of title 18, United States Code, is amended by adding at the end the
following:
``Sec. 2339F. Denial of Federal benefits to terrorists.''.
SEC. 9. IMPROVE INVESTIGATION OF TERRORIST CRIMES.
(a) Multidistrict Search Warrants in Terrorism Investigations.--
Rule 41(b)(3) of the Federal Rules of Criminal Procedure is amended to
read as follows:
``(3) a magistrate judge--in an investigation of--
``(A) international terrorism or domestic terrorism
(as those terms are defined in section 2331 of title
18, United States Code), or a Federal crime of
terrorism (as defined in section 2332b(g)(5) of title
18, United States Code); or
``(B) an offense under section 1001 or 1505 of
title 18, United States Code, relating to information
or purported information concerning a Federal crime of
terrorism (as defined in section 2332b(g)(5) of title
18, United States Code), having authority in any
district in which activities related to the Federal
crime of terrorism or offense may have occurred, may
issue a warrant for a person or property within or
outside that district.''.
(b) Increased Penalties for Obstruction of Justice in Terrorism
Cases.--Sections 1001(a) and 1505 of title 18, United States Code, are
amended by striking ``8 years'' and inserting ``10 years''.
SEC. 10. SOLICITATION TO COMMIT A CRIME OF VIOLENCE OR TERRORISM.
Section 373 of title 18, United States Code, is amended--
(1) in subsection (a), by--
(A) inserting ``or a Federal crime of terrorism as
defined in section 2332b(g)(5),'' after ``in violation
of the laws of the United States,''; and
(B) inserting ``or persons'' after ``another
person'';
(2) in subsection (c), by--
(A) inserting ``or persons'' after ``the person'';
(B) striking ``he'' and inserting ``they'' in the
phrase ``because he lacked'';
(C) striking ``he was'' and inserting ``they were''
in the phrase ``because he was incompetent'';
(D) striking ``he is'' and inserting ``they are''
in the phrase ``because he is immune''; and
(E) striking ``is'' from ``is not subject to
prosecution''; and
(3) in the title by inserting the words ``or terrorism''
after ``solicitation to commit a crime of violence''.
SEC. 11. TERRORIST OFFENSE RESULTING IN DEATH.
(a) New Offense.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
``(a) Whoever, in the course of committing a terrorist offense,
engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or for life.
``(b) As used in this section, the term `terrorist offense' means--
``(1) a felony offense that is--
``(A) a Federal crime of terrorism as defined in
section 2332b(g), other than an offense under section
1363; or
``(B) an offense under this chapter, section 175,
175b, 229, or 831, or section 236 of the Atomic Energy
Act of 1954; or
``(2) a Federal offense that is an attempt or conspiracy to
commit an offense described in paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by adding at
the end the following new item:
``2339E. Terrorist offenses resulting in death.''.
SEC. 12. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.
(a) Participation in Nuclear and Weapons of Mass Destruction
Threats to the United States.--Section 832(c) of title 18, United
States Code, is amended by inserting ``punished by death if death
results to any person from the offense, or'' after ``shall be''.
(b) Missile Systems To Destroy Aircraft.--Section 2332g(c)(3) of
title 18, United States Code, is amended by inserting ``punished by
death or'' after ``shall be''.
(c) Atomic Weapons.--The last sentence of section 222 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting
``death or'' before ``imprisonment for life'' the last place it
appears.
(d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title
18, United States Code, is amended by inserting ``death or'' before
``imprisonment for life''.
(e) Variola Virus.--Section 175c(c)(3) of title 18, United States
Code, is amended by inserting ``death or'' before ``imprisonment for
life''.
SEC. 13. INCREASE IN CERTAIN PENALTIES.
(a) Section 2332(b)(1).--Section 2332(b)(1) of title 18, United
States Code, is amended by striking ``20 years'' and inserting ``30
years''.
(b) Section 2332(c).--Section 2332(c) of title 18, United States
Code, is amended by striking ``ten years'' and inserting ``20 years''.
(c) Section 2339C(d).--Section 2339C(d) of title 18, United States
Code, is amended--
(1) in paragraph (1), by striking ``20 years'' and
inserting ``30 years''; and
(2) in paragraph (2), by striking ``10 years'' and
inserting ``20 years''.
SEC. 14. MODERNIZATION OF STATE OF MIND REQUIREMENT FOR SECTION 2339C
OFFENSES.
Section 2339C of title 18, United States Code, is amended by
striking ``unlawfully and wilfully'' and inserting ``knowingly''.
SEC. 15. WIRETAP PREDICATE.
Section 2516(q) of title 18, United States Code, is amended by
striking ``section 2332'' and all that follows through ``2339C'' and
inserting ``chapter 113B''. | Counter-Terrorism and National Security Act of 2007 - Amends the federal criminal code to: (1) impose criminal penalties for providing material support to terrorists with the intent to facilitate, reward, or encourage terrorist activities; (2) include attempts and conspiracies in the prohibition against obtaining military-type training from a foreign terrorist organization and increase criminal penalties for such crime; (3) prohibit the kidnapping of a U.S. national overseas; (4) deny all federal benefits to anyone convicted of a federal crime of terrorism; (5) include federal crimes of terrorism in the prohibition against soliciting criminal activity; (6) provide enhanced penalties for terrorists offenses that result in the death of a person: (7) allow for the death penalty for terror-related crimes involving weapons of mass destruction (e.g., atomic and biological weapons); (8) increase criminal penalties for the murder of a U.S. national overseas and for providing financial support to terrorists; and (9) extend the authorization for wiretapping to all federal crimes of terrorism.
Amends federal transportation law to impose a fine and/or prison term of up to 10 years for taking actions that seriously threaten the safety of an aircraft or individuals on such aircraft.
Amends the Federal Rules of Criminal Procedure to allow multi-district search warrants in terrorism investigations. | To provide additional tools and tough penalties to fight terrorism and protect America's national security. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategic Technology/Engineering
Program Act of 2007'' or the ``STEP Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) In 1985, the number of bachelor's degrees awarded
annually in engineering peaked at 77,572, and that number has
decreased every year since 1985. According to the National
Science Foundation, the number of people who earned bachelor's
degrees in engineering declined to approximately 60,000 in
2002.
(2) In 1996, the number of doctoral degrees awarded
annually in engineering peaked at 6,309.
(3) Since 1983, the unemployment rate for science and
engineering jobs has been at least 2 percent lower than the
unemployment rate in the United States for all fields of
employment.
(4) In 2004, engineers held 1,400,000 jobs in the United
States, and the Department of Labor's Bureau of Labor Studies
has projected that 611,000 new engineering jobs will open up
during the 10-year period from 2004 through 2014.
(5) Over one-quarter of the science and engineering
workforce is comprised of individuals who are older than age 50
and who are expected to retire in the next 15 years.
(6) The United States is facing a shortage of engineers
because the number of engineering graduates is consistently
surpassed by the growth in engineering jobs, many engineers are
nearing retirement, and many new engineering graduates take
jobs in other fields.
(7) The United States should take advantage of available
intellectual resources by recruiting students from the top
third of high school graduates to pursue engineering degrees
and to become the next generation of engineers.
(8) The United States should develop education standards,
assessments, and curricula that reflect the engineering needs
of our Nation now and in the future.
(9) Most engineering jobs require a bachelor's degree in
engineering, and many States require additional years of study
beyond a bachelor's degree to qualify for and maintain the
Professional Engineer designation.
(10) The years of study required to be able to perform
engineering jobs result in a large financial burden.
(11) Providing scholarships and loan forgiveness for
engineering graduates who work in the engineering field will
make it easier for such graduates to enter and continue to work
in the engineering profession, a profession that is vital to
the United States.
SEC. 3. STRATEGIC TECHNOLOGY AND ENGINEERING PROGRAM (STEP).
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following new part:
``PART E--STEP
``SEC. 771. STRATEGIC TECHNOLOGY/ENGINEERING PROGRAM (STEP).
``(a) Program Established.--The Secretary is authorized to
establish a STEP scholarship program, in accordance with the
requirements of this section, to award scholarships to individuals who
enroll in a program of study at institution of higher educations to
pursue undergraduate and graduate degrees in engineering, technology,
applied sciences, mathematics, or similar fields.
``(b) STEP Scholars.--Individuals awarded scholarships under this
section shall be known as `STEP Scholars'.
``(c) Scholarship Awards.--
``(1) Scholarship amount.--
``(A) Yearly and aggregate amounts.--The amount of
a STEP scholarship shall be--
``(i) for an undergraduate student, not
more than $9,000 for an academic year, and not
more than $36,000 in the aggregate; and
``(ii) for a graduate student, not more
than $15,000 for an academic year, and not more
than $45,000 in the aggregate.
``(B) Limitation.--In no case shall the total
amount of a STEP scholarship awarded to an individual
exceed such individual's total cost of attendance for
the academic year for which the scholarship is awarded.
``(C) Adjustment for insufficient appropriations.--
If funds available to carry out this section for an
academic year are insufficient to fully fund all
scholarships awarded by the Secretary under this
section for such academic year, the amount of the
scholarship paid to each individual under this section
shall be reduced proportionately.
``(2) Period of award.--STEP scholarships shall be awarded
for a period of one academic year, and may be renewed for
subsequent one-year periods during--
``(A) the 4 years of study necessary to obtain an
undergraduate degree; and
``(B) the 3 years of study necessary to obtain a
graduate degree.
``(3) Relation to other assistance.--STEP scholarships
shall not be considered for the purpose of awarding Federal
grant assistance under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.), except that in no case shall the
total amount of student financial assistance awarded to an
individual under this section and title IV of such Act exceed
such individual's total cost of attendance.
``(d) Eligibility.--To be eligible for a STEP scholarship, an
individual shall--
``(1) be a citizen, national, or permanent resident of the
United States;
``(2) be an eligible student under section 484;
``(3) be enrolled or accepted for enrollment in a program
of--
``(A) undergraduate instruction leading to a
bachelor's degree with a major in engineering,
technology, applied sciences, mathematics, or similar
fields at an institution of higher education; or
``(B) graduate instruction leading to a master's or
doctoral degree in engineering, technology, applied
sciences, mathematics, or similar fields at an
institution of higher education;
``(4) be enrolled or accepted for enrollment in at least 15
credit hours per semester (or the equivalent for a course of
study that measures its program length in trimesters, quarters,
or clock hours) of courses required to obtain an undergraduate
or graduate degree in engineering, technology, applied
sciences, mathematics, or similar fields; and
``(5) have a grade point average--
``(A) of at least 2.5, cumulatively, (or the
equivalent as determined under regulations prescribed
by the Secretary) at the end of the secondary school
program of study, in the case of an individual enrolled
or accepted for enrollment in the first academic year
of undergraduate education; or
``(B) of at least 2.5 (or the equivalent as
determined under regulations prescribed by the
Secretary) for each completed academic semester of
undergraduate or graduate education, in the case of an
individual enrolled or accepted for enrollment other
than in the first academic year of undergraduate
education.
``(e) Selection.--
``(1) Application.--Each eligible individual desiring a
STEP scholarship shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may reasonably require.
``(2) Award basis.--Subject to paragraph (3), STEP
scholarships shall be awarded on a first-come, first-served
basis and subject to the availability of appropriations.
``(3) Priority.--The Secretary shall give priority in
awarding STEP scholarships for an academic year--
``(A) to eligible individuals who received a STEP
scholarship for the preceding academic year; and
``(B) to eligible individuals enrolled in an
institution of higher education that is an eligible
institution under section 312 of this Act.
``(f) Conversion to Loan.--
``(1) Repayment.--In the event that any recipient of a STEP
scholarship fails or refuses to obtain the degree in
engineering, technology, applied sciences, mathematics, or
similar fields for which the individual was awarded such
scholarship within a period prescribed by the Secretary by
regulations issued pursuant to this section, the sum of the
amounts of such STEP scholarship provided to such recipient
shall be treated as a Direct Loan under part D of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), and
shall be subject to repayment in accordance with terms and
conditions specified by the Secretary in such regulations.
``(2) Forgiveness if deceased or disabled.--An individual
shall be excused from repayment of any scholarship award
required under paragraph (1) if--
``(A) the individual dies or becomes permanently
and totally disabled (as determined in accordance with
regulations prescribed by the Secretary); or
``(B) recovery under this subsection would be
against equity and good conscience or against the
public interest.
``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Definitions.--For the purposes of this section:
``(1) Engineering, technology, applied sciences,
mathematics, or similar fields.--An individual shall be
considered to be considered to pursue or obtain a degree in
engineering, technology, applied sciences, mathematics, or
similar fields if--
``(A) such degree qualifies the individual to be
with a professional engineering designation, including
any of the following designations: aerospace engineer;
agricultural engineer; biomedical engineer; chemical
engineer; civil engineer; computer hardware engineer;
electrical engineer; electronics engineer;
environmental engineer; health and safety engineer;
industrial engineer; marine engineer; and naval
architects; materials engineer; mechanical engineer;
mining and geological engineer; nuclear engineer; and
petroleum engineer; and
``(B) such degree is awarded by an institution of
higher education program in engineering, technology,
applied sciences, mathematics, or similar fields that
is accredited by the Accreditation Board for
Engineering and Technology (ABET).
``(2) Institution of higher education.--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. 1001(a)), except that the term does not include any
institution described in subsection (a)(1)(c) of such section.
``(3) Secretary.--The term `Secretary' means the Secretary
of Education.
``(i) 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 succeeding fiscal year.''.
SEC. 4. STUDENT LOAN FORGIVENESS FOR ENGINEERS.
The Higher Education Act of 1965 is amended by inserting after
section 428K (20 U.S.C. 1078-11) the following:
``SEC. 428L. LOAN FORGIVENESS FOR ENGINEERS.
``(a) Program Authorized.--
``(1) In general.--For the purpose of encouraging qualified
individuals to enter and continue employment as engineers, the
Secretary is authorized, from the funds appropriated under
subsection (h), to forgive, in accordance with this section,
the student loan debt of any borrower, who--
``(A) is employed as an engineer;
``(B) has or is seeking a license as a professional
engineer in accordance with the requirements of a State
licensing board; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(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 (as
determined under subsection (b)) for a loan made under
this part; and
``(B) to cancel a qualified loan amount (as so
determined) for a loan made under part D of this title.
``(b) Qualified Loan Amounts.--The Secretary shall forgive the loan
obligation of the borrower, in accordance with subsection (a)(2), not
to exceed $150,000 in the aggregate, in the following increments:
``(1) For the completion of each of the 8 years of
employment as an engineer as specified in the written agreement
in subsection (c), 10 percent of the borrower's total loan
obligation that is outstanding at the completion of each such
year.
``(2) For obtaining licensure as a professional engineer in
accordance with the requirements of a State licensing board as
specified in the written agreement in subsection (c), 20
percent of the borrower's total loan obligation that is
outstanding at the time of such licensure.
``(c) Terms of Agreement.--
``(1) In general.--To be eligible to receive forgiveness
benefits under this section, a borrower shall enter into a
written agreement that specifies that--
``(A) the borrower will remain employed as an
engineer for a not less than 8 years;
``(B) the borrower will obtain licensure as a
professional engineer in accordance with the
requirements of a State licensing board within 8 years
after obtaining a degree;
``(C) the borrower will repay the Secretary a
proportionate amount, as determined in accordance with
regulations of the Secretary, of the benefits received
by such borrower under this section if the borrower--
``(i) fails to complete the 8 years of
employment as an engineer under subparagraph
(A) because the borrower is involuntarily
separated from such employment on account of
misconduct, or voluntarily separates from such
employment; or
``(ii) fails to obtain licensure as a
professional engineer under subparagraph (B);
``(D) if the borrower is required to repay an
amount to the Secretary under subparagraph (C) and
fails to repay such amount, a sum equal to the amount
is recoverable by the Government from the borrower (or
such borrower's estate, if applicable) by such method
as is provided by law for the recovery of amounts owing
to the Government;
``(E) the Secretary may waive, in whole or in part,
a right of recovery under this subsection if it is
shown that recovery would be against equity and good
conscience or against the public interest; and
``(F) the Secretary shall provide loan forgiveness
in accordance with this section, subject to the
availability of appropriations.
``(2) Repayment for violation of agreement.--Any amount
repaid by, or recovered from, an individual (or an estate)
under this subsection shall be credited to the appropriation
account from which the amount involved was originally paid or
debited. Any amount so credited shall be merged with other sums
in such account and shall be available for the same purposes
and period, and subject to the same limitations (if any), as
the sums with which the amount was merged.
``(d) Award Basis; Priority.--
``(1) Award basis.--The Secretary shall provide forgiveness
benefits under this section on a first-come, first-served basis
(subject to paragraph (2)) and subject to the availability of
appropriations.
``(2) Priority.--The Secretary shall give priority in
providing forgiveness benefits under this section for a fiscal
year to a borrower who received forgiveness benefits under this
section for the preceding fiscal year.
``(e) Construction.--Nothing in this section shall be construed to
authorize the refunding of any repayment of a loan.
``(f) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(g) Definition.--In this section, the term `engineer' means an
individual who is qualified to be employed in an occupation with a
professional engineering designation, including any of the following
designations: aerospace engineer; agricultural engineer; biomedical
engineer; chemical engineer; civil engineer; computer hardware
engineer; electrical engineer; electronics engineer; environmental
engineer; health and safety engineer; industrial engineer; marine
engineer; and naval architects; materials engineer; mechanical
engineer; mining and geological engineer; nuclear engineer; and
petroleum engineer.
``(h) 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 succeeding fiscal year.''. | Strategic Technology/Engineering Program Act of 2007 or the STEP Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award renewable one-year STEP scholarships to students who pursue undergraduate or graduate degrees in engineering, technology, applied sciences, mathematics, or similar fields.
Authorizes the Secretary to provide student loan forgiveness to borrowers under the Federal Family Education Loan and Direct Loan programs who agree to remain employed as engineers for at least eight years and obtain licensure as professional engineers within eight years of obtaining a degree. | To establish and determine the eligibility of individuals for a loan forgiveness program for professional engineers in order to provide incentives for engineers currently employed and engineering students and other students pursuing or considering pursuing a degree in science, technology and engineering, and for the support of students pursing such secondary and postsecondary education. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Hurricane Research
Initiative Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Oceans and Atmosphere of the Department
of Commerce.
SEC. 3. NATIONAL HURRICANE RESEARCH INITIATIVE.
(a) Requirement To Establish.--The Under Secretary and the Director
shall establish an initiative known as the National Hurricane Research
Initiative for the purposes described in subsection (b).
(b) Purposes.--The purposes of the National Hurricane Research
Initiative shall be to set research objectives based upon the findings
of the January 12, 2007, National Science Board report entitled
``Hurricane Warning: The Critical Need for National Hurricane Research
Initiative''--
(1) to make recommendations to the National Science Board
and the National Oceanic and Atmospheric Administration Science
Advisory Board on such research;
(2) to assemble the science and engineering expertise of
State or local government agencies or departments and
nongovernmental entities (including universities and colleges
and other research and academic institutions), through a multi-
entity effort focused on--
(A) improving hurricane and other severe tropical
storm forecasting capabilities, including formation,
track, and intensity change;
(B) durable and resilient infrastructure; and
(C) mitigating impacts on coastal populations, the
coastal built environment, and the natural coastal
environment, including but not limited to, coral reefs,
wetlands, and other natural systems that mitigate
hurricane wind and storm surge impacts; and
(3) to make grants to eligible entities to carry out
research in the following areas:
(A) Predicting hurricane intensity change.--
Research to improve understanding of--
(i) rapid change in storm size, motion,
structure, and intensity;
(ii) storm internal dynamics; and
(iii) the interactions of the storm and its
environmental conditions, including the
atmosphere, ocean, and land surface.
(B) Understanding ocean-atmosphere interactions.--
Observations, theory and modeling, to improve
understanding of air-sea interaction in high wind
speeds.
(C) Predicting storm surge, rainfall, inland
flooding, and strong winds produced by hurricanes and
tropical storms during and after landfall.--Research to
understand, model, and predict rainfall, flooding, high
winds, the potential occurrence of tornadoes, and storm
surge, including probabilistic modeling and mapping of
risk.
(D) Improved observations of hurricanes and
tropical storms.--Research to improve measurements of
hurricanes and tropical storms through mobile radar
platforms, Global Positioning Systems technology,
unmanned vehicles, ground-based and wireless sensors,
oceanic remote sensing technologies, and air-deployed
ocean profilers and floats to improve our understanding
of the complex nature of storms and their interaction
with the ocean and land.
(E) Assessing vulnerable infrastructure.--Research
to develop a national engineering assessment of coastal
infrastructure, including infrastructure related to
levees, seawalls, drainage systems, bridges, water and
sewage systems, power, and communications, to determine
the level of vulnerability of such infrastructure to
damage from hurricanes and to determine strategies to
reduce such vulnerabilities.
(F) Interaction of hurricanes with engineered
structures.--Research to improve understanding of the
impacts of hurricanes and tropical storms on buildings,
structures, and housing combined with modeling
essential for guiding the creation of improved building
designs and construction codes in locations
particularly vulnerable to hurricanes.
(G) Relationship between hurricanes, climate, and
natural ecosystems.--Research to improve the
understanding of complex relationships between
hurricanes and climate, including research to determine
the most effective methods to use observational
information and numerical model simulations to examine
the impacts on ecosystems over long and short periods
of time, including but not limited to impacts on coral
reefs, wetlands, and other natural systems that
mitigate hurricane wind and storm surge impacts.
(H) Technologies for disaster response and
recovery.--Research to improve emergency communication
networks for government agencies and non-government
entities and to improve communications between such
networks during disaster response and recovery,
including cyber-security during disaster situations and
the ability to improve damage assessments during
storms.
(I) Evacuation planning.--Research to improve the
manner in which hurricane-related information is
provided to, and utilized by, the public and government
officials, including research to assist officials of
State or local government in determining the
circumstances in which evacuations are required and in
carrying out such evacuations.
(J) Computational capability.--Research to improve
understanding of the efficient utility of multiple
models requiring sharing and inter-operability of
databases, computing environments, networks,
visualization tools, and analytic systems beyond what
is currently available for transitioning hurricane
research assets into operational practice and to
provide access to robust computational facilities
beyond the facilities normally accessible by the
civilian research community for the hurricane research
enterprise, including data acquisition and modeling
capability during hurricane events.
(c) Cooperation With Other Agencies.--The Under Secretary and the
Director shall cooperate with the head of each appropriate Federal
agency or department, research institute, university, and disaster-
response or nongovernmental organization to utilize the expertise and
capabilities of such entity to carry out the purposes of the National
Hurricane Research Initiative, including cooperation with the heads of
the following entities:
(1) The National Aeronautics and Space Administration.
(2) The National Institute of Standards and Technology.
(3) The Department of Homeland Security, including the
Federal Emergency Management Agency.
(4) The Department of Energy.
(5) The Defense Advanced Research Project Agency.
(6) The Environmental Protection Agency.
(7) The United States Geological Survey.
(8) The Army Corps of Engineers.
(d) Coordination.--The White House Office of Science and Technology
Policy, through the National Science and Technology Council, shall
coordinate the activities carried out by the United States related to
the National Hurricane Research Initiative as a formal program with a
well defined organizational structure and execution plan.
(e) Grants.--
(1) Authority.--The Undersecretary and the Director may
award grants to appropriate State and local governmental
agencies or departments, research universities or
nongovernmental entities to carry out the purposes described in
subsection (b).
(2) Best practices.--The Under Secretary and the Director
shall develop and make available to the public a description of
best practices to be used to carry out a project with a grant
awarded under this subsection.
(f) Research Seminars and Forums.--The Under Secretary and the
Director shall carry out a series of national seminars and forums that
assemble a broad collection of scientific disciplines to direct
researchers to work collaboratively to carry out the purposes described
in subsection (b).
(g) Initial Research To Develop Improved Hurricane Intensity
Forecasts and Impact Projections.--The Undersecretary and the Director
shall within 120 days after the enactment of this Act issue a request
for proposals to undertake the basic and applied research with an
annual budget in the amounts as deemed appropriate by the Under
Secretary and the Director to accomplish the desired research results
during a 10-year term.
(h) Authorization of Appropriations.--There is authorized to be
appropriated $285,000,000 for each of the fiscal years 2008 through
2018 to carry out this section.
SEC. 4. NATIONAL INFRASTRUCTURE DATABASE.
(a) Requirement To Establish.--The Under Secretary and the Director
shall establish a National Infrastructure Database for the purposes
of--
(1) cataloging and characterizing the physical, social, and
natural infrastructure in order to provide a baseline for
developing standards, measuring modification, and determining
loss;
(2) providing information to Federal, State, and local
government officials to improve information public policy
related to hurricanes and tropical storms; and
(3) providing data to researchers to improve their ability
to measure hurricane impacts, separate such impacts from other
effects, both natural and anthropogenic, make effective
recommendations for improved building codes and urban planning
practices, and develop effective procedures for responding to
infrastructure disruption.
(b) Database Requirements.--The National Infrastructure Database
shall be a virtual, cyber environment that uses existing capabilities
and facilities, and establishes new capabilities and facilities, as
appropriate, to provide an interoperable environment and the necessary
metadata and other resources needed by users of that Database.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 for each of the fiscal years 2008 through 2018
to carry out this section.
SEC. 5. NATIONAL HURRICANE RESEARCH MODEL.
(a) Requirement To Establish.--The Under Secretary and the Director
shall develop a National Hurricane Research Model to conduct
integrative research and to facilitate the transfer of research
knowledge to operational applications, including linking relevant
theoretical, physical, and computational models from atmospheric,
oceanic, economic, sociological, engineered infrastructure, and
ecologic fields, conducting experimental research to understand the
extensive complexities of hurricanes, training of the next-generation
hurricane researchers and forecasters, and obtaining measurable results
in a comprehensive framework suitable for testing end-to-end
integrative systems.
(b) System Requirements.--The National Hurricane Research Model
shall be a physically distributed and highly coordinated working
environment in which research from the National Hurricane Research
Initiative can be experimentally substantiated using suitable
quantitative metrics, and where a culture of interaction and
collaboration can further be promoted, including in the areas of--
(1) facilities and cyber infrastructure;
(2) software integration; and
(3) fixed mobile data collection platforms and data
provisioning systems.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $130,000,000 for each of the fiscal years 2008 through
2018 to carry out this section. | National Hurricane Research Initiative Act of 2007 - Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce and the Director of the National Science Foundation (NSF) to establish a National Hurricane Research Initiative and to cooperate with other specified federal agencies to carry it out.
Requires such Initiative to set research objectives (based on a National Science Board report on the need for such Initiative) to: (1) make recommendations to the Board and to the National Oceanic and Atmospheric Administration (NOAA) Science Advisory Board; (2) assemble the science and engineering expertise of state or local government agencies and nongovernmental entities through a multi-agency effort focused on improving severe tropical storm forecasting capabilities, on durable and resilient infrastructure, and on mitigating impacts on coastal populations, the coastal built environment, and the natural coastal environment; and (3) make grants for hurricane research, including regarding storm internal dynamics, predicting high winds, tornadoes, and storm surge, and improving measurements of hurricanes and tropical storms through specified technologies.
Directs the White House Office of Science and Technology Policy, through the National Science and Technology Council, to coordinate U.S. activities related to the Initiative as a formal program with a well-defined organizational structure and execution plan.
Directs the Under Secretary and the Director to: (1) issue a request for proposals to undertake the basic and applied research with a sufficient annual budget to accomplish the desired research results during a 10-year term; (2) establish a National Infrastructure Database; and (3) develop a National Hurricane Research Model. | To establish the National Hurricane Research Initiative to improve hurricane preparedness, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring the Social Security COLA
Act''.
SEC. 2. INCREASE IN MONTHLY CASH BENEFIT FOR ONE MONTH PAYABLE IN 2010.
(a) In General.--Except as provided in this section, each
individual who is entitled to a monthly cash benefit under a covered
Federal cash benefit program (as defined in subsection (b)) for the
month in which this Act is enacted and is also entitled to such benefit
for the applicable increase month (as defined in subsection (c)) shall
be entitled to an increase in such monthly cash benefit for the
applicable increase month in the amount of $250.
(b) Covered Federal Cash Benefit Program.--For purposes of this
section, the term ``covered Federal cash benefit program'' means a
Federal program providing--
(1) Social Security benefits (as defined in section 86(d)
of the Internal Revenue Code of 1986 (without regard to
paragraph (3) thereof)),
(2) benefits under chapter 11, 13, or 15 of title 38,
United States Code, or
(3) benefits under chapter 83 or 84 of title 5, United
States Code.
(c) Applicable Increase Month.--For purposes of this section, the
term ``applicable increase month'' means the first month beginning
after the earlier of--
(1) 120 days after the date of the enactment of this Act,
or
(2) November 30, 2010.
(d) Restriction of Increase to One Month.--Nothing in this section
shall affect the amount of a monthly cash benefit under any Federal
cash benefit program for any month other than the applicable increase
month.
(e) Notice.--Not later than the date of the monthly cash benefit to
each individual which reflects the benefit increase under this section,
the Secretary of the Treasury shall issue to such individual a written
notice which includes the following statement: ``Your monthly cash
benefit for ______ reflects a one-time increase in the monthly benefit
for that month of $250 which is in lieu of an annual cost-of-living
increase in benefits for 2010.'', with the blank space therein being
filled with a reference to the calendar month which is the applicable
increase month.
(f) Simultaneous Entitlements.--In any case in which an individual
is entitled to 2 or more monthly cash benefits under a covered Federal
cash benefit program for the applicable increase month, the increase
provided in subsection (a) shall apply to the total amount of such
benefits for the applicable increase month, after application of any
provision under such program providing for coordination of multiple
benefits for any month, in lieu of the amount of each benefit which is
so payable.
(g) Effect on Family Maximums.--The amount of the increase in
monthly cash benefits provided under subsection (a) in connection with
a covered Federal cash benefit program shall be disregarded in
determining reductions under such program in benefits under any
provision under such program providing for reductions in benefits based
on the same work record or in connection with family membership.
(h) Increase To Be Disregarded for Purposes of All Federal and
Federally Assisted Programs.--
(1) In general.--The increase under subsection (a) shall
not be regarded as income and shall not be regarded as a
resource for the applicable increase month and the following 9
months, 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 any Federal program or under any State or local program
financed in whole or in part with Federal funds.
(2) Federal retirement.--The increase under subsection (a)
shall not be taken into account--
(A) for purposes of applying section 8340(g) of
title 5, United States Code; or
(B) for purposes of any computation under section
8342(e) or 8424(f) of such title.
(i) Increase Not Considered Income for Purposes of Taxation.--The
increase under subsection (a) shall not be considered as gross income
for purposes of the Internal Revenue Code of 1986.
(j) Benefits Not Otherwise Payable.--Nothing in this section shall
be construed to provide, in connection with the increase under this
section of any monthly cash benefit under a covered Federal cash
benefit program, for a payment of any amount of such monthly cash
benefit to any individual if--
(1) such monthly cash benefit is not otherwise payable or
is suspended or reduced by reason of--
(A) confinement of the individual in a jail,
prison, or other penal institution or correctional
facility, confinement of the individual in an
institution at public expense, flight by the individual
to avoid criminal prosecution or custody or confinement
after conviction of a crime, or violation by the
individual of a condition of probation or parole, or
(B) failure of the individual to make child support
payments required under applicable law, or
(2) such individual is an alien who is not lawfully present
in the United States.
SEC. 3. FUNDING.
(a) In General.--Effective February 1, 2010, of the unobligated
balance of the discretionary appropriations made available by division
A of the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), there is rescinded the amount determined by the Director of the
Office of Management and Budget to be required to offset the increase
in spending resulting from the provisions of section 2.
(b) Application.--The rescission made by subsection (a) shall be
applied proportionately--
(1) to each discretionary account; and
(2) within each such account, to each program, project, and
activity (with programs, projects, and activities as delineated
in the appropriation Act or accompanying reports for the
relevant fiscal year covering such account, or for accounts not
included in an appropriation Act, as delineated in the most
recently submitted President's budget).
(c) OMB Report.--Not later than March 1, 2010, the Director of the
Office of Management and Budget shall submit to the House of
Representatives and the Senate a report specifying the reductions made
to each account, program, project, and activity pursuant to this
section. | Restoring the Social Security COLA Act - Authorizes an increase of $250 in Social Security, certain veterans, Civil Service Retirement (CSRS), and Federal Employees Retirement (FERS) benefits for one month in 2010 to compensate for the lack of a cost-of-living adjustment for that year.
Rescinds the unobligated balance of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 in an amount determined by the Director of the Office of Management and Budget (OMB) to be required to offset the increase in spending resulting from such increase. | To provide for an increase of $250 in benefits under certain Federal cash benefit programs for one month in 2010 to compensate for the lack of a cost-of-living adjustment for that year. |
SECTION 1. CONSIDERATION OF MILITARY INSTALLATIONS OUTSIDE THE UNITED
STATES FOR CLOSURE AND REALIGNMENT.
(a) Expansion of Scope of Base Closure Law.--The Defense Base
Closure and Realignment Act of 1990 (Part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) is amended--
(1) by redesignating sections 2910 and 2911 as sections
2911 and 2912, respectively; and
(2) by inserting after section 2909 the following new
section:
``SEC. 2910. CONSIDERATION OF MILITARY INSTALLATIONS OUTSIDE THE UNITED
STATES.
``(a) Recommendations for Termination and Reductions of Military
Operations Outside the United States.--With respect to recommendations
made in 1995 for the closure and realignment of military installations
under this part, the Secretary and the Commission shall include
recommendations for the termination and reduction of military
operations carried out by the United States at military installations
outside the United States.
``(b) Selection Criteria.--(1) Not later than December 31, 1993,
the Secretary shall publish in the Federal Register and transmit to the
congressional defense committees the criteria proposed to be used by
the Department of Defense in making recommendations for terminating and
reducing military operations carried out by the United States at
military installations outside the United States. The Secretary shall
provide an opportunity for public comment on the proposed criteria for
a period of at least 30 days and shall include notice of that
opportunity in the publication required under the preceding sentence.
``(2) Not later than February 15, 1994, the Secretary shall publish
in the Federal Register and transmit to the congressional defense
committees the final criteria to be used in making recommendations for
terminating and reducing military operations carried out by the United
States at military installations outside the United States.
``(3) The criteria developed under this subsection, along with the
force-structure plan referred to in section 2903(a), shall be the final
criteria to be used in making recommendations for terminating and
reducing military operations carried out by the United States at
military installations outside the United States, unless the criteria
are--
``(A) disapproved by a joint resolution of Congress enacted
on or before March 15, 1994; or
``(B) amended by the Secretary in the manner described in
section 2903(b)(2)(B).
``(c) Recommendations of the Secretary.--The Secretary shall
transmit recommendations to the Commission for the termination and
reduction of military operations of the United States at specified
military installations outside the United States. The recommendations
shall be included in the recommendations transmitted to the Commission
with respect to the closure and realignment of military installations
inside the United States under section 2903(c).
``(d) Review and Recommendations by Commission.--The Commission
shall review the recommendations transmitted by the Secretary under
subsection (c). The Commission may make changes in the recommendations
made by the Secretary only in the manner provided in subparagraphs (B),
(C), and (D) of section 2903(d)(2). The Commission shall include, in
its recommendations to the President under section 2903(d), its
recommendations for the termination and reduction of military
operations of the United States at specified military installations
outside the United States.
``(e) Review and Transmittal by the President.--The recommendations
transmitted by the President under section 2903(e) shall contain the
recommendations of the Commission for the termination and reduction of
military operations of the United States at specified military
installations outside the United States.``.
(b) Conforming Amendments.--(1) Subsection (b) of section 2901 of
such Act is amended to read as follows:
``(b) Purpose.--The purpose of this part is to provide a fair
process that will result in the timely closure and realignment of
military installations inside and outside the United States.''.
(2) Section 2911 of such Act, as redesignated by subsection (a)(1),
is amended--
(A) in paragraph (4), by inserting after the first sentence
the following new sentence: ``With respect to military
operations carried out by the United States outside the United
States, such term includes the sites and facilities at which
such operations are carried out without regard to whether the
sites and facilities are owned by the United States.''; and
(B) by adding at the end the following new paragraph:
``(8) The terms `closure' and `realignment' include, with
respect to military operations carried out by the United States
outside the United States, the termination or reduction of such
operations.''. | Amends the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense and the Defense Base Closure and Realignment Commission, with respect to recommendations made in 1995 for the closure and realignment of military installations under such Act, to include recommendations for the termination and reduction of operations at military installations outside the United States.
Directs the: (1) Secretary to publish in the Federal Register and transmit to the appropriate congressional committees the interim and final criteria proposed to be used by the Department of Defense in making such recommendations; (2) Secretary to transmit final recommendations to the Commission; and (3) Commission to review and make changes, if necessary, to such recommendations and report its recommendations to the President. | To amend the Defense Base Closure and Realignment Act of 1990 to require the Secretary of Defense and the Defense Base Closure and Realignment Commission to consider military installations outside the United States for closure and realignment in addition to military installations inside the United States. |
SECTION 1. INCREASE IN EXCISE TAXES ON TOBACCO PRODUCTS TO FUND THE
CHILD HEALTH INSURANCE AND LOWER DEFICIT ACT.
(a) Cigarettes.--Section 5701(b) of the Internal Revenue Code of
1986 is amended--
(1) in paragraph (1), by striking ``$12 per thousand ($10
per thousand on cigarettes removed during 1991 or 1992)'' and
inserting ``$33.50 per thousand'', and
(2) in paragraph (2), by striking ``$25.20 per thousand
($21 per thousand on cigarettes removed during 1991 or 1992)''
and inserting ``$70.35 per thousand''.
(b) Cigars.--Section 5701(a) of the Internal Revenue Code of 1986
is amended--
(1) in paragraph (1), by striking ``$1.125 cents per
thousand (93.75 cents per thousand on cigars removed during
1991 or 1992)'' and inserting ``$3.141 cents per thousand'',
and
(2) by striking ``equal to'' and all that follows in
paragraph (2) and inserting ``equal to 35.59 percent of the
price for which sold but not more than $83.75 per thousand.''
(c) Cigarette Papers.--Section 5701(c) of the Internal Revenue Code
of 1986 is amended by striking ``0.75 cent (0.625 cent on cigarette
papers removed during 1991 or 1992)'' and inserting ``2.09 cents''.
(d) Cigarette Tubes.--Section 5701(d) of the Internal Revenue Code
of 1986 is amended by striking ``1.5 cents (1.25 cents on cigarette
tubes removed during 1991 or 1992)'' and inserting ``4.18 cents''.
(e) Smokeless Tobacco.--Section 5701(e) of the Internal Revenue
Code of 1986 is amended--
(1) in paragraph (1), by striking ``36 cents (30 cents on
snuff removed during 1991 or 1992)'' and inserting ``$6.09'',
and
(2) by striking ``12 cents (10 cents on chewing tobacco
removed during 1991 or 1992)'' in paragraph (2) and inserting
``$2.41''.
(f) Pipe Tobacco.--Section 5701(f) of the Internal Revenue Code of
1986 is amended by striking ``67.5 cents (56.25 cents on pipe tobacco
removed during 1991 or 1992)'' and inserting ``$1.88''.
(g) Effective Date.--The amendments made by this section shall
apply to articles removed (as defined in section 5702(k) of the
Internal Revenue Code of 1986) after September 30, 1997.
(h) Floor Stocks Taxes.--
(1) Imposition of tax.--On tobacco products and cigarette
papers and tubes manufactured in or imported into the United
States which are removed before October 1, 1997, and held on
such date for sale by any person, there is hereby imposed a tax
in an amount equal to the excess of--
(A) the tax which would be imposed under section
5701 of the Internal Revenue Code of 1986 on the
article if the article had been removed on such date,
over
(B) the prior tax (if any) imposed under section
5701 or 7652 of such Code on such article.
(2) Authority to exempt cigarettes held in vending
machines.--To the extent provided in regulations prescribed by
the Secretary, no tax shall be imposed by paragraph (1) on
cigarettes held for retail sale on October 1, 1997, by any
person in any vending machine. If the Secretary provides such a
benefit with respect to any person, the Secretary may reduce
the $500 amount in paragraph (3) with respect to such person.
(3) Credit against tax.--Each person shall be allowed as a
credit against the taxes imposed by paragraph (1) an amount
equal to $500. Such credit shall not exceed the amount of taxes
imposed by paragraph (1) on October 1, 1997, for which such
person is liable.
(4) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding cigarettes
on October 1, 1997, to which any tax imposed by
paragraph (1) applies shall be liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe by regulations.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before January 1, 1998.
(5) Articles in foreign trade zones.--Notwithstanding the
Act of June 18, 1934 (48 Stat. 998, 19 U.S.C. 81a) and any
other provision of law, any article which is located in a
foreign trade zone on October 1, 1997, shall be subject to the
tax imposed by paragraph (1) if--
(A) internal revenue taxes have been determined, or
customs duties liquidated, with respect to such article
before such date pursuant to a request made under the
1st proviso of section 3(a) of such Act, or
(B) such article is held on such date under the
supervision of a customs officer pursuant to the 2d
proviso of such section 3(a).
(6) Definitions.--For purposes of this subsection--
(A) In general.--Terms used in this subsection
which are also used in section 5702 of the Internal
Revenue Code of 1986 shall have the respective meanings
such terms have in such section, as amended by this
Act.
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(7) Controlled groups.--Rules similar to the rules of
section 5061(e)(3) of such Code shall apply for purposes of
this subsection.
(8) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 5701 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply to the floor stocks taxes imposed by
paragraph (1), to the same extent as if such taxes were imposed
by such section 5701. The Secretary may treat any person who
bore the ultimate burden of the tax imposed by paragraph (1) as
the person to whom a credit or refund under such provisions may
be allowed or made. | Amends the Internal Revenue Code to increase the excise tax on tobacco products. | A bill to amend the Internal Revenue Code of 1986 to increase the excise taxes on tobacco products for the purpose of offsetting the Federal budgetary costs associated with the Child Health Insurance and Lower Deficit Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Technology Equity Act of
2001''.
SEC. 2. EQUITABLE ACCESS OF TECHNOLOGY.
Title III of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6101 et seq.) is amended by adding at the end the following new
part:
``PART F--EDUCATION TECHNOLOGY EQUITY
``SEC. 3601. FINDINGS.
``The Congress finds the following:
``(1) Having access and being able to effectively use new
technologies, such as computers and the Internet, will be
critical to the economic and overall success of American
businesses, communities, and individuals in the 21st century.
``(2) It is estimated that every 3 out of 5 jobs created
during the next 5 years will have relatively high skills
requirements.
``(3) The information technology industry indicates that it
will be unable to fill more than 800,000 this year.
``(4) The E-Rate program has connected 95 percent of all
public schools to the Internet.
``(5) A digital divide exists and has grown and for the
poorest Americans has grown by 29 percent since 1997.
``(6) White families are more than twice as likely to have
access to a computer and the Internet than Black and Hispanic
families.
``(7) 4 to 5 students per computer is the ratio that many
experts consider to represent a reasonable level for the
effective use of computers within schools. The national average
student to computer ratio is 6 to 1. In schools with the
highest concentrations of poverty, the average student to
computer ratio is 16 to 1.
``(8) According to a number of experts, a baseline model
for Internet connection that provides students and teachers
with the ability to fully engage in telecommunications
opportunities would cost between $9,350,000,000 to
$22,050,000,000 with an additional annual cost of
$1,750,000,000 to $4,600,000,000.
``SEC. 3602. PURPOSE.
``The purpose of this part is to enable every child in America to
cross the digital divide by ensuring that all children, especially
those who are disadvantaged and from low-income and minority families,
have access to the most advanced and effective technology and
technology education.
``SEC. 3603. RESERVATION AND ALLOTMENTS.
``(a) Reservation.--From the amount made available under section
3607 to carry out this part for each fiscal year, the Secretary--
``(1) shall reserve 0.5 percent of such amount for grants
to Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of
Palau, the Marshall Islands, and the Federated States of
Micronesia; and
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this part
for Indian children.
``(b) State Educational Agency Allotments.--
``(1) In general.--Except as provided in paragraph (2), and
after making the reservations in subsection (a), the Secretary
shall, for each fiscal year, allocate among the States the
remainder according to the ratio between the amount each State
received under part A of title I for the preceding year and the
sum of such amounts received by all the States.
``(2) Minimum.--For any fiscal year, the Secretary shall
not allot to a State an amount under this subsection that is
less than \1/2\ of 1 percent of the total amount allotted to
all the States under this subsection.
``(3) Reallotment.--Except as provided in paragraph (2),
The Secretary may reallot any amount of any allotment to a
State if the Secretary determines that the State will be unable
to use such amount within 2 years of such allotment. Such reallotments
shall be made on the same basis as allotments are made under paragraph
(1).
``(c) Within-State Distribution of Funds.--Each State educational
agency having an approved application pursuant to section 3604 and
receiving an allocation under subsection (b), shall allocate--
``(1) not less than 95 percent of such allocation to local
educational agencies in accordance with the provisions of
section 1125; and
``(2) not more than 5 percent for State level activities,
including technical assistance, and evaluation, of which not
more than 40 percent may be used for administration.
``(d) Local Distribution.--Each local educational agency that
receives a grant under this part shall--
``(1) annually rank such agency's schools from highest to
lowest based on--
``(A) the percentage of children eligible for
participation in the school lunch program under the
Richard B. Russell National School Lunch Act; and
``(B) the need of each school for computers as
determined by the agency; and
``(2) serve such schools in rank order.
``SEC. 3604. APPLICATIONS.
``(a) State Application.--Each State educational agency seeking a
grant under this part shall submit an application in such form, and
containing such information, as the Secretary may reasonably require.
At a minimum, the application shall provide an assurance that the State
will provide technical assistance to local educational agencies in
developing a comprehensive system for the acquisition and use of
technology and technology-enhanced curricula, instruction, and
administrative support resources.
``(b) Local Educational Agency Application.--Each local educational
agency seeking a grant under this part shall submit an application to
the State educational agency that includes, at a minimum--
``(1) the student to computer ratios;
``(2) the Internet connectivity of schools to be served;
``(3) an assurance that the agency will report annually to
the State regarding the student to computer ratio and Internet
connectivity of schools to be served; and
``(4) a plan for a comprehensive system for the acquisition
and use of technology and technology-enhanced curricula,
instruction, and administrative support services.
``SEC. 3605. LOCAL USES OF FUNDS.
``(a) Required Uses.--A local educational agency that receives a
grant under this part shall use such grant to purchase computers.
``(b) Permissible Use.--
``(1) Special rule.--A local educational agency that
receives a grant under this part may use such funds for
purposes described in paragraph (2) if all schools in the local
educational agency have a student to computer ratio equal to or
less than 6 to 1. Such ratio shall be certified by the State
educational agency prior to any such use of funds.
``(2) Additional uses.--If the condition in paragraph (1)
is met, a local educational agency may use funds reserved under
this part for--
``(A) teacher training;
``(B) integrating technology into curriculum;
``(C) maintenance and support; and
``(D) computers for home use by students and
teachers.
``SEC. 3606. REPORTING.
``(a) State Reporting.--Each State educational agency that receives
a grant award under this part shall submit an annual report to the
Secretary regarding the student to computer ratios and Internet
connectivity of schools provided assistance under this part.
``(b) Local Reporting.--Each local educational agency that receives
a grant award under this part shall submit an annual report to the
State educational agency regarding the student to computer ratios and
Internet connectivity of schools provided assistance under this part.
``SEC. 3607. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $1,000,000,000 for fiscal
year 2002 and such sums as may be necessary for the 4 succeeding fiscal
years to carry out the purposes of this part.''. | Education Technology Equity Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to: (1) reserve half of one percent of funds authorized under this Act for FY 2002 through 2006 for grants to Guam, American Samoa, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Marshall Islands, and the Federated States of Micronesia; (2) reserve one percent of such funds for the Secretary of the Interior to carry out programs for Indian children; and (3) allocate the remainder of such funds to States according to a formula based in part on eligibility under the national school lunch program.Requires each State educational agency seeking a grant under this Act to submit an application providing assurances that the State will provide technical assistance to local educational agencies (LEAs) in developing a comprehensive system for the acquisition and use of technology and technology-enhanced curricula, instruction, and administrative support services. Requires each LEA seeking a grant to submit an application which includes: (1) the student to computer ratios; (2) the Internet connectivity of schools to be served; and (3) a plan for the acquisition and use of technology.Requires each LEA receiving a grant to use such funds to purchase computers for classrooms and related activities (teacher training, computer maintenance and support, home computer use by students). | To narrow the digital divide. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Perchlorate Contamination
Remediation Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide grants for remediation of perchlorate
contamination of water sources and supplies (including
wellheads) in the State;
(2) to provide grants for research and development of
perchlorate remediation technologies; and
(3) to express the sense of Congress that the Administrator
should establish a national drinking water standard for
perchlorate.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) California water authority.--The term ``California
water authority'' means a public water district, public water
utility, public water planning agency, municipality, or Indian
tribe that is--
(A) located in a region identified under section
4(b)(3)(B); and
(B) in operation as of the date of enactment of
this Act.
(3) Fund.--The term ``Fund'' means the California
Perchlorate Cleanup Fund established by section 4(a)(1).
(4) State.--The term ``State'' means the State of
California.
SEC. 4. CALIFORNIA PERCHLORATE REMEDIATION GRANTS.
(a) Perchlorate Cleanup Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``California
Perchlorate Cleanup Fund'', consisting of--
(A) any amount appropriated to the Fund under
section 7; and
(B) any interest earned on investment of amounts in
the Fund under paragraph (3).
(2) Expenditures from fund.--
(A) In general.--Subject to subparagraph (B), on
receipt of a request by the Administrator, the
Secretary of the Treasury shall transfer to the
Administrator such amounts as the Administrator
determines to be necessary to provide grants under
subsections (b) and (c).
(B) Administrative expenses.--An amount not to
exceed 0.4 percent of the amounts in the Fund may be
used to pay the administrative expenses necessary to
carry out this subsection.
(3) Investment of amounts.--
(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals.
(B) Interest-bearing obligations.--Investments may
be made only in interest-bearing obligations of the
United States.
(C) Acquisition of obligations.--For the purpose of
investments under subparagraph (A), obligations may be
acquired--
(i) on original issue at the issue price;
or
(ii) by purchase of outstanding obligations
at the market price.
(D) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
(E) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
(b) Cleanup Grants.--
(1) In general.--Subject to paragraph (3), the
Administrator shall provide grants to California water
authorities, the total amount of which shall not exceed
$50,000,000, to pay the Federal share of the cost of activities
relating to cleanup of water sources and supplies (including
wellheads) in the State that are contaminated by perchlorate.
(2) Federal share.--The Federal share of the cost of an
activity described in paragraph (1) shall not exceed 50
percent.
(3) Eligibility; priority.--
(A) Eligibility.--A California water authority that
the Administrator determines to be responsible for
perchlorate contamination shall not be eligible to
receive a grant under this subsection.
(B) Priority.--In providing grants under this
subsection, the Administrator shall give priority to an
activity described in paragraph (1) that is carried out
in 1 or more of the following regions in the State:
(i) The Santa Clara Valley.
(ii) A region within the natural watershed
of the Santa Ana River.
(iii) The San Gabriel Valley.
(iv) Sacramento County.
(v) Any other region that has a damaged
water source as a result of perchlorate
contamination, as determined by the
Administrator.
(c) Research and Development Grants.--
(1) In general.--The Administrator shall provide grants,
the total amount of which shall not exceed $8,000,000, to
qualified non-Federal entities (as determined by the
Administrator) for use in carrying out research and development
of perchlorate remediation technologies.
(2) Maximum amount of grant.--The amount of a grant
provided under paragraph (1) shall not exceed $1,000,000.
SEC. 5. EFFECT OF ACT.
Nothing in this Act affects any authority or program of a Federal
or State agency in existence on the date of enactment of this Act.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that the Administrator should establish
a national drinking water standard for perchlorate as soon as
practicable after the date of enactment of this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$58,000,000, to remain available until expended. | California Perchlorate Contamination Remediation Act - Establishes the California Perchlorate Cleanup Fund. Directs the Secretary of the Treasury to transfer amounts from the Fund to the Administrator of the Environmental Protection Agency (EPA) for the federal share of grants to California water authorities for the cleanup of water sources and supplies contaminated by perchlorate. Directs the Administrator, in awarding such grants, to give priority to activities in the Santa Clara Valley, the San Gabriel Valley, Sacramento County, a region within the natural watershed of the Santa Ana River, and any other region that has a damaged water source contaminated with perchlorate.
Authorizes the Administrator to provide grants to nonfederal entities for research and development of perchlorate remediation technologies.
Urges the Administrator to establish a national drinking water standard for perchlorate. | To facilitate remediation of perchlorate contamination in water sources in the State of California, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Price Transparency and
Disclosure Act of 2016''.
SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.
Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following new section:
``data reporting by hospitals and ambulatory surgical centers and
public posting
``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than
80 days after the end of each semiannual period beginning January 1 or
July 1 (beginning more than one year after the date of the enactment of
this section), a hospital and an ambulatory surgical center shall
report to the Secretary the following data:
``(1) In the case of a hospital--
``(A) the frequency of occurrence for such hospital
during such period of each treatment episode identified
under subsection (c)(1) for a condition or disease
selected under subparagraph (A) or (B) of such
subsection (or updated under subsection (c)(3)),
furnished in an inpatient or outpatient setting,
respectively; and
``(B) if care was furnished for such a treatment
episode by such hospital during such period--
``(i) the total number of such treatment
episodes for which care was so furnished by the
hospital during such period;
``(ii) the insured individual average
charge (as computed under subsection (e)(3)) by
the hospital for such treatment episode during
such period; and
``(iii) the uninsured individual average
charge (as computed under subsection (e)(4)) by
the hospital for such treatment episode during
such period.
``(2) In the case of an ambulatory surgical center--
``(A) the frequency of occurrence for such center
during such period of each treatment episode identified
under subsection (c)(1) for a condition or disease
selected under subparagraph (C) of such subsection (or
updated under subsection (c)(3)); and
``(B) if care was furnished for such a treatment
episode by such center during such period--
``(i) the total number of such treatment
episodes for which care was so furnished by the
center during such period;
``(ii) the insured individual average
charge (as computed under subsection (e)(3)) by
the center for such episode during such period;
and
``(iii) the uninsured individual average
charge (as computed under subsection (e)(4)) by
the center for such episode during such period.
``(b) Public Availability of Data.--
``(1) Public posting of data.--The Secretary shall promptly
post, on the official public Internet site of the Department of
Health and Human Services, the data reported under subsection
(a) and an appropriate link, with respect to a hospital or
center for which the data is reported, to other consumer
quality information maintained on such site (or a site
maintained by the Centers for Medicare & Medicaid Services)
relating to the hospital or center. Such data shall be set
forth in a manner that promotes charge comparison among
hospitals and among ambulatory surgical centers.
``(2) Notice of availability.--A hospital and an ambulatory
surgical center shall prominently post at each admission site
of the hospital or center a notice of the availability of the
data reported under subsection (a) on the official public
Internet site under paragraph (1).
``(c) Specification of Treatment Episodes.--For purposes of this
section:
``(1) In general.--The Secretary shall identify treatment
episodes for each of the following:
``(A) The 100 conditions and diseases selected by
the Secretary as being the most frequently treated
conditions and diseases in a hospital inpatient
setting.
``(B) The 100 conditions and diseases selected by
the Secretary as being the most frequently treated
conditions and diseases in a hospital outpatient
setting.
``(C) The 100 conditions and diseases selected by
the Secretary as being the most frequently treated
conditions and diseases in an ambulatory surgical
center setting.
``(2) Agreement with iom.--In carrying out paragraph (1),
the Secretary may enter into an agreement with the Institute of
Medicine to define a treatment episode for any condition or
disease selected by the Secretary under this subsection. Such a
definition may take into account the varying complexity
associated with respect to different treatments.
``(3) Updating selection.--The Secretary shall periodically
update the conditions and diseases selected under paragraph
(1).
``(d) Civil Money Penalty.--The Secretary may impose a civil money
penalty of not more than $10,000 for each knowing violation of
subsection (a) or (b)(2) by a hospital or an ambulatory surgical
center. The provisions of subsection (i)(2) of section 351A shall apply
with respect to civil money penalties under this subsection in the same
manner as such provisions apply to civil money penalties under
subsection (i)(1) of such section.
``(e) Administrative Provisions.--
``(1) In general.--The Secretary shall prescribe such
regulations and issue such guidelines as may be required to
carry out this section.
``(2) Classification of services.--The regulations and
guidelines under paragraph (1) shall include rules on the
classification of different treatment episodes and the
assignment of items and procedures to those episodes.
``(3) Computation of insured individual average charges.--
``(A) In general.--For purposes of subsections
(a)(1)(B)(ii) and (a)(2)(B)(ii), an insured individual
average charge for a treatment episode, with respect to
a hospital or ambulatory surgical center during a
period, shall be computed as the average of the rates
(including any applicable copayment, coinsurance, other
cost sharing, or other fees, such as facility fees,
associated with treatment in the hospital or center)
for such episode that have been negotiated by the
hospital or ambulatory surgical center, respectively,
with the 5 most used health insurance providers for
such hospital or center during such period.
``(B) 5 most used health insurance providers.--For
purposes of subparagraph (A), the 5 most used health
insurance providers, with respect to a hospital or
ambulatory surgical center during a period, are the 5
group health plans or insurance issuers offering health
insurance coverage--
``(i) that have negotiated with the
hospital or center a rate for the treatment
episode involved; and
``(ii) the enrollees of which represent the
highest number of patients of the hospital or
center, respectively.
``(4) Computation of uninsured individual average
charges.--
``(A) In general.--For purposes of subsections
(a)(1)(B)(iii) and (a)(2)(B)(iii), an uninsured
individual average charge for a treatment episode, with
respect to a hospital or ambulatory surgical center
during a period, shall be computed as the average of
the total amounts charged for such an episode for which
care was furnished to an uninsured individual by such
hospital or ambulatory surgical center during such
period.
``(B) Uninsured individual defined.--For purposes
of subparagraph (A), the term `uninsured individual'
means, with respect to care furnished to the individual
by a hospital or ambulatory surgical center, an
individual who does not have insurance or other third-
party contractual benefits that provides payment for
costs incurred for such care.
``(5) Form of report and notice.--The regulations and
guidelines under paragraph (1) shall specify the electronic
form and manner by which a hospital or an ambulatory surgical
center shall report data under subsection (a) and the form for
posting of notices under subsection (b)(2).
``(f) Rules of Construction.--
``(1) Non-preemption of state laws.--Nothing in this
section shall be construed as preempting or otherwise affecting
any provision of State law relating to the disclosure of
charges or other information for a hospital or an ambulatory
surgical center.
``(2) Charges.--Nothing in this section shall be construed
to regulate or set hospital or ambulatory surgical center
charges.
``(g) Hospital and Ambulatory Surgical Center Defined.--For
purposes of this section, the terms `hospital' and `ambulatory surgical
center' have the meaning given such terms by the Secretary.''. | Hospital Price Transparency and Disclosure Act of 2016 This bill amends the Public Health Service Act to require hospitals and ambulatory surgical centers to report to the Department of Health and Human Services (HHS): (1) the frequency of certain treatment episodes for the most frequently treated conditions in each setting, (2) the total number of such treatment episodes, and (3) the average charge for the insured and uninsured for such a treatment episode. HHS must publish on its website: (1) such information in a manner that promotes charge comparisons among hospitals and among ambulatory surgical centers, and (2) a link to other consumer quality information maintained on an HHS or Centers for Medicare and Medicaid Services website. Hospitals and ambulatory surgical centers must post prominently at each admission site a notice of the availability of such data. Civil penalties are authorized for violations of this bill. | Hospital Price Transparency and Disclosure Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border and Port Security Act''.
SEC. 2. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Officers.--The Commissioner of U.S. Customs and Border
Protection shall every fiscal year hire, train, and assign not fewer
than 500 new officers above the level as of September 30 of the
immediately preceding fiscal year until the total number of officers
equals the requirements identified each year in the Workload Staffing
Model developed by the Commissioner.
(b) Agricultural Specialists.--The Commissioner of U.S. Customs and
Border Protection shall every fiscal year hire, train, and assign not
fewer than 100 new agricultural specialists above the level as of
September 30 of the immediately preceding fiscal year until the total
number of officers equals the requirements identified each year in the
Agriculture Resource Allocation Model developed by the Commissioner.
(c) Investigators.--The Commissioner of U.S. Customs and Border
Protection shall every fiscal year hire, train, and assign 30 new full-
time investigators within the Office of Professional Responsibility of
U.S. Customs and Border Protection until the total number of
investigators enables the Office to fulfill its mission proportionate
to the number of new personnel hired in accordance with subsections (a)
and (b).
(d) Support Staff.--The Commissioner of U.S. Customs and Border
Protection is authorized to hire, train, and assign support staff,
including technicians, to perform non-law enforcement administrative
functions to support the new officers hired pursuant to subsection (a).
(e) Traffic Forecasts.--In calculating the number of officers
needed at each land, air, and maritime port of entry through the
Workload Staffing Model, the Office of Field Operations of U.S. Customs
and Border Protection shall--
(1) rely on data collected regarding the inspections and
other activities conducted at each such port of entry; and
(2) consider volume from seasonal surges, other projected
changes in commercial and passenger volumes, the most current
commercial forecasts, and other relevant information.
(f) Amendment.--Subparagraph (A) of section 411(g)(5) of the
Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)) is amended--
(1) by striking ``model'' and inserting ``models'';
(2) by inserting ``agricultural specialists,'' before ``and
support personnel''; and
(3) by inserting before the period at the end the
following: ``, and information concerning the progress made
toward meeting officer, agriculture specialist, and support
staff hiring targets, while accounting for attrition''.
(g) GAO Report.--If by September 30, 2020, the Commissioner of U.S.
Customs and Border Protection has not hired at least 500 additional
officers authorized under subsection (a) or at least 50 additional
agriculture specialists authorized under subsection (b), and in any
subsequent fiscal year in which the staffing levels specified in the
Workload Staffing Model or Agriculture Resource Allocation Model for
the Office of Field Operations have not been achieved, the Comptroller
General of the United States shall--
(1) conduct a review of U.S. Customs and Border Protection
hiring policies and processes to identify factors contributing
to such levels not being achieved and any other issues related
to hiring by U.S. Customs and Border Protection;
(2) consider attrition levels within the Office of Field
Operations to identify associated factors contributing to
attrition within the workforce of such Office; and
(3) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report that describes
the results of the review and consideration under paragraphs
(1) and (2), respectively, and that contains recommendations to
enhance the likelihood of achieving such staffing levels.
SEC. 3. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of U.S. Customs and Border Protection shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report that identifies--
(1) infrastructure improvements at ports of entry that
would enhance the ability of U.S. Customs and Border Protection
officers to detect, interdict, disrupt, and prevent fentanyl,
other synthetic opioids, and other narcotics and psychoactive
substances and associated contraband from entering the United
States, including a description of circumstances in which
effective technology in use at certain ports of entry cannot be
implemented at other ports of entry;
(2) detection equipment that would improve the ability of
such officers to identify such drugs and other dangers that are
being illegally transported into the United States; and
(3) safety equipment that would protect such officers from
accidental exposure to such drugs or other dangers associated
with the inspection of potential drug traffickers.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$82,775,000 in fiscal year 2018 and $93,095,000 for each of the fiscal
years 2019 through 2024. | Border and Port Security Act This bill requires U.S. Customs and Border Protection (CBP), every fiscal year, to hire, train, and assign at least 500 new officers above the level as of September 30 of the immediately preceding fiscal year until the total number of officers equals the requirements identified each year in the Workload Staffing Model developed by the CBP. The CBP shall, every fiscal year, hire, train, and assign specified levels of new agricultural specialists, full-time investigators within its Office of Professional Responsibility, and support staff, including technicians, to perform non-law enforcement administrative functions. In calculating the number of officers needed at each port of entry through the Workload Staffing Model, the Office of Field Operations of the CBP shall: (1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; and (2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information. The bill amends the Homeland Security Act of 2002 to require CBP's annual report on staffing to include information on how many agricultural specialists are assigned to each field office and port of entry and information concerning the progress made toward meeting officer, agricultural specialist, and support staff hiring targets, while accounting for attrition. The CBP must also report on infrastructure and equipment needed to prevent the illegal transportation of opioids and other drugs through U.S. ports of entry. | Border and Port Security Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Walker River Basin Act of 1997''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) Facilitate efforts to negotiate the permanent
settlement of all litigation and other claims to the waters of
the Walker River Basin, Nevada, including those of the Walker
River Paiute Tribe and Walker Lake.
(2) Encourage an equitable apportionment of the waters of
the Walker River between California and Nevada.
(3) Direct the management of water rights acquired by the
United States on the Walker River.
(4) Protect the fish and wildlife associated habitats in
the Walker River Basin of California and Nevada.
(5) Stabilize the water quality and quantity of Walker Lake
at acceptable levels.
(6) Protect recreation resources associated with the Walker
River and its reservoirs, and Walker Lake.
(7) Protect and preserve agriculture in the Walker River
Basin.
(8) Enhance stream flows.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Locally Affected Interests'' means,
collectively, Mineral County of Nevada, the Walker River Basin
Water Users Association, the Walker River Irrigation District,
the Walker River Paiute Tribe of Indians, and Mono County of
California.
(2) The term ``Secretary'' means the Secretary of the
Interior, acting through the Commissioner of the Bureau of
Reclamation.
(3) The term ``Walker River Basin'' means the hydrologic
area which naturally drains into the Walker River or Walker
Lake (or both), located in Mineral County, Nevada.
(4) The term ``Walker River Basin Water Users Association''
means a nonprofit corporation whose membership includes, but is
not limited to, irrigators in California and Nevada who possess
water rights pursuant to the Walker River Decree, but not
including the Walker River Paiute Tribe.
(5) The term ``Walker River Decree'' means the final decree
in the case of United States v. Walker River Irrigation
District, et al., United States district court for the District
of Nevada, Equity No. C-125, filed April 15, 1936, as amended
by the Order of the Honorable A.F. St. Sure, dated April 24,
1940.
SEC. 4. FURTHER SETTLEMENT.
(a) In General.--The Secretary, the Locally Affected Interests, the
State of Nevada, and the State of California shall initiate
negotiations to explore the potential for comprehensive and permanent
settlement of all claims to the waters of the Walker River, in
California and Nevada.
(b) Report.--If the terms of any settlement negotiated under
subsection (a) require legislation by Congress, the Secretary shall
submit to Congress a report describing the necessary legislation.
SEC. 5. AUTHORIZATIONS.
(a) Studies and Projects.--In order to assist the Locally Affected
Interests and the States of Nevada and California in negotiating a
settlement under section 4, the Secretary shall assist in the
development and implementation of studies, pilot projects or long-term
projects (or both) including, but not limited to, the following:
(1) In accordance with Nevada law, California law, and
other applicable law, a locally managed Walker River Water Bank
to facilitate voluntary water transfers, including the transfer
of any water delivered pursuant to the water conservation
provision of this Act, within the Walker River Basin in the
States of Nevada and California: Provided, That the Walker
River Water Bank may include water held by the Walker River
Paiute Tribe pursuant to reserved water rights confirmed in the
Walker River Decree or water rights held by the Walker River
Paiute Tribe (or both). The Locally Affected Interests shall
have the ability to both purchase from and transfer water to
the Walker River Water Bank.
(2) Water conservation, compatible with local land use,
designed to encourage the Locally Affected Interests to
voluntarily conserve water in the Walker River Basin.
(3) Enhancement of stream flows through phreatophyte
control and debris control and removal on the Walker River and
in Walker Lake, in order to protect and improve water quality
in Walker Lake and to improve water efficiency for agricultural
use.
(4) Improvement of agricultural water management practices
in the Walker River Basin.
(5) Improvement of water quality in Walker Lake through the
construction and operation of facilities designed to address
problems in Walker Lake associated with decreased oxygen and
increased salinity.
(6) A program to allow any or all of the Locally Affected
Interests to extract and utilize available groundwater in lieu
of surface water entitlements.
(7) A groundwater recharge program.
(8) A facility to assist in acclimating Lahanton cutthroat
trout to Walker Lake.
(9) A program to facilitate the purchase and transfer of
water rights for use in Walker Lake or to otherwise benefit the
environmental needs of the Walker River system.
(b) Form of Assistance; Cost Share; Authorization of
Appropriations.--
(1) The Secretary shall, subject to the availability of
appropriations, provide assistance under subsection (a) through
grants to, cooperative agreements with, and technical
assistance to the Locally Affected Interests. The United States
share of costs associated with the studies, pilot projects, and
long-term projects described in subsection (a) shall be 75
percent of the total thereof, with the remaining 25 percent
equitably apportioned among the Locally Affected Interests, the
State of California, and the State of Nevada. The Locally
Affected Interests may pay all or a portion of their 25 percent
share of costs in the form of in-kind services.
(2) There are authorized to be appropriated to the
Secretary to carry out the studies, pilot projects, and long-
term projects described in subsection (a), $10,000,000, which
will constitute the maximum of the United States 75 percent
share of costs associated with the studies, pilot projects, and
long-term projects authorized by this Act. Funds appropriated
under this section shall be made available to the Locally
Affected Interests to carry out the studies, pilot projects,
and long-term projects specified in subsection (a). Funds
appropriated under this section shall remain available until
expended.
SEC. 6. ADMINISTRATION OF WATER RIGHTS HELD BY THE UNITED STATES.
(a) In General.--To the extent that the Secretary or any other
department or agency of the United States has acquired or in the future
acquires water and water rights from the Walker River and its
tributaries such water and water rights--
(1) may not be changed except in compliance with
Administrative Rules and Regulations Regarding Change of Point
of Diversion, Manner of Use or Place of Use of Water of the
Walker River and its Tributaries adopted pursuant to the Walker
River Decree;
(2) shall be managed by the Secretary or another department
or agency of the United States for purposes consistent with the
purposes of this Act, including, but not limited to, the
utilization of water to augment instream flows for use within
the Walker River Water Bank or to otherwise benefit Walker
Lake, after consultation with the State of Nevada and the State
of California to ensure compliance with applicable State laws;
(3) may not be changed without the approval of the Walker
River Irrigation District, if they include stored water from
Bridgeport or Topaz Reservoirs; and
(4) if they are appurtenant to lands within the boundaries
of the Walker River Irrigation District may not be exercised
for any purpose unless the United States has paid all
assessments associated with such lands and water rights to the
Walker River Irrigation District.
(b) Limitation on Application.--The provisions of subsection (a) do
not apply to water rights held or acquired by the United States in
trust for the Walker River Paiute Tribe.
SEC. 7. MORATORIUM.
(a) In General.--Until the date that is 1 year after the date of
enactment of this Act and during the period in which a study or pilot
project under section 5(a) is undertaken, no court or administrative
tribunal shall have jurisdiction to hear or determine a claim or matter
related to a claim for additional water for the Walker River Indian
Reservation or for Walker Lake or a claim to amend the Walker River
Decree in any manner.
(b) Tolling.--Any applicable period of limitation shall be tolled
during the moratorium period under subsection (a).
(c) No Limitation on Jurisdiction.--Nothing in this Act affects the
jurisdiction of the United States district court for the District of
Nevada to ensure that owners of water rights recognized in the Walker
River Decree receive the quantity of water to which the owners are
entitled under the Decree.
SEC. 8. ACCESS TO INFORMATION.
No person may use information furnished in connection with or
derived from a study or pilot project under section 5(a) for any
purpose (including introduction as evidence in any court or
administrative proceeding) except for the purpose of facilitating
settlement under section 4.
SEC. 9. COMPLIANCE WITH WALKER RIVER DECREE.
The Secretary shall not take any action that would undermine,
contradict, or diminish the water rights confirmed in the Walker River
Decree other than action that the Secretary determines is necessary and
within the authority of the Secretary as trustee for the Walker River
Paiute Indian Tribe and members of the Tribe.
SEC. 10. EXISTING AUTHORITY.
Except as provided in section 7, nothing in this Act affects the
authority of the Secretary, the Walker River Paiute Indian Tribe, the
State of Nevada, or the State of California in existence on the date of
enactment of this Act. | Walker River Basin Act of 1997 - Directs the Secretary of the Interior, specified locally affected interests, and the State of California to initiate negotiations for the comprehensive and permanent settlement of all claims to waters of the Walker River in California and Nevada. Requires the Secretary to report to the Congress on any legislation required under the terms of such settlement.
Directs the Secretary to assist in the development and implementation of studies, pilot projects, or long-term projects necessary in the negotiation of such settlement. Makes the Federal share 75 percent of the total cost of any such study or project, with the remaining amounts allocated among the locally affected interests, California, and Nevada. Authorizes appropriations.
Provides for the protection and administration of U.S. water rights in Walker River water.
Provides a moratorium against any other claims concerning Walker River water for one year after the enactment of this Act and during the period of any required study or project.
Prohibits: (1) information derived from a study or project from being used for purposes other than the negotiation of a settlement; and (2) the Secretary from undermining, contradicting, or diminishing the water rights confirmed under the Walker River Decree (a decree issued by the U.S. District Court for the District of Nevada). | Walker River Basin Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Care Transitions Program
Act of 2009''.
SEC. 2. MEDICARE CARE TRANSITIONS PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:
``care transitions program
``Sec. 1899. (a) Program.--
``(1) In general.--The Secretary shall establish a Care
Transitions Program (in this section referred to as the
`Program') under which outcomes-based payments are made to
community-based transitional care suppliers (in this section
referred to as `CTCs') for furnishing care transition services,
improving quality of care, and reducing rehospitalization
rates.
``(2) Care transition services.--For purposes of this
section, the term `care transition services' means the
following services furnished to individuals entitled to, or
enrolled for, benefits under part A or enrolled for benefits
under part B after the individual is discharged from inpatient
care:
``(A) Self-management goal-setting.
``(B) Medication self-management support.
``(C) Arrangement of timely follow-up care.
``(D) Individualized training in management of
clinical exacerbation.
``(E) Establishment and maintenance of a paper or
electronic personal health record. Such personal health
record shall be written and formatted using language
that is easily understandable by individuals receiving
benefits under this title.
``(F) Preparation for anticipated clinical
encounters.
``(G) Monitoring of service effectiveness,
including measures of transitional care as endorsed by
the National Quality Forum and hospital readmission
rates.
``(H) Other services determined appropriate by the
Secretary.
``(3) Targeting and timing of care transition services.--
Care transition services may only be provided--
``(A) to an individual entitled to, or enrolled
for, benefits under part A or enrolled for benefits
under part B who is part of the targeted beneficiary
population under the CTC's plan (as described in
subsection (b)(2)(E)) that is approved by the
Secretary; and
``(B) during the 90-day period beginning with the
day such individual is discharged from a
hospitalization.
``(b) Contracts With CTCs.--
``(1) In general.--Under the program, the Secretary shall
establish a process for awarding contracts to entities meeting
the requirements of paragraph (2).
``(2) Requirements for ctcs.--The Secretary shall establish
an application process by which entities seeking contracts to
serve as CTCs demonstrate that they meet the following
requirements:
``(A) The entity is recognized by the Secretary as
having the appropriate professional expertise,
safeguards for privacy and confidentiality, and
authority to review medical records in order to review
cases and identify patterns of care involving items and
services furnished to individuals entitled to, or
enrolled for, benefits under part A or enrolled for
benefits under part B.
``(B) The entity does not currently receive
payments for items or services furnished to individuals
described in subparagraph (A).
``(C) The entity has the demonstrated capability to
form cooperative processes with providers of medical
services through local community presence and other
characteristics.
``(D) The entity has received appropriate formal
training and demonstrates other evidence of its
capability to deliver care transition services.
``(E) The entity submits a proposed plan that
identifies a carefully selected target beneficiary
population, particularly those most at risk for
rehospitalizations, for which the entity will provide
care transition services, identifies targeted
inappropriate or wasteful services contributing to
preventable rehospitalizations, and identifies any
targeted disparities in the quality of care transitions
associated with race, ethnicity, language, or gender.
``(3) Intervention.--Under the contract awarded under this
subsection, a CTC shall undertake community-based
interventions, including the following:
``(A) Partner with local entities designated under
section 3025(a)(2)(A) of the Older Americans Act of
1965, and such other individuals and organizations as
the CTC may recruit for the purposes of this section,
to develop and implement an intervention plan. Such
plan shall be aimed at reducing rehospitalizations and
improving quality outcomes among the individuals
served. Throughout the intervention period, the CTC
shall be accountable for ongoing project management and
facilitation. The CTC shall assist providers and the
community in creating resources for more effective
transitions and in implementing improvement activities.
``(B) Review cases involving items and services
provided to individuals entitled to, or enrolled for,
benefits under part A or enrolled for benefits under
part B who have been rehospitalized within 30 days of
discharge from an inpatient hospital stay.
``(C) Engage providers and practitioners in
interventions to identify and eliminate the causes of
preventable rehospitalizations.
``(D) Engage partners to implement care transition
services which primarily target individuals served who
have complex conditions according to the needs,
structures, and hospital readmissions patterns of the
local community.
``(4) Deidentified patient data.--Notwithstanding any other
provision of law, the CTC may, as determined appropriate by the
CTC, provide to providers and practitioners consenting to
participate in an intervention deidentified patient data that
identifies providers and practitioners treating the same
population of patients, for the purpose of measuring and
improving the safety, quality, and effectiveness of transitions
of such patients from the care of one provider or practitioner
to another. Nothing in this paragraph shall be construed to
limit, alter, or affect the requirements imposed by section
264(c) of the Health Insurance Portability and Accountability
Act of 1996.
``(5) Reports.--Under the contract awarded under this
subsection, a CTC shall submit to the Secretary reports (in
such frequency determined appropriate by the Secretary) on the
implementation of the requirements under the contract.
``(c) Payments to CTCs.--
``(1) In general.--Under the Program, the Secretary shall
establish payment amounts for organizations awarded a contract
under this section. Such payment amounts shall be directly
linked to the ability of the CTC to achieve or exceed quality
and cost targets, including a shared savings payment for
demonstrated reductions in the expected rehospitalization rate
for individuals receiving care from the CTC.
``(2) Adjustment.--The Secretary shall make appropriate
adjustments to payments to CTCs under this section to take into
account adverse selection of individuals and the variation in
the health status of individuals among CTCs, including high
cost outliers. Such adjustments shall be made in a budget-
neutral manner.
``(3) Trust funds.--Payments to CTCs under this section
shall be payable from--
``(A) funds in the Federal Hospital Insurance Trust
Fund; and
``(B) funds in the Federal Supplementary Medical
Insurance Trust Fund,
in such proportion as the Secretary shall deem to be fair and
equitable after taking into consideration the quality
improvements and cost savings achieved by such entities.
``(d) Regulations.--The Secretary shall promulgate regulations to
carry out this section. Such regulations shall be promulgated by not
later than 18 months after the date of enactment of this section.''. | Medicare Care Transitions Program Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to establish a Care Transitions Program under which outcomes-based payments are made to community-based transitional care (CTC) suppliers for: (1) furnishing care transition services to an individual after discharge from inpatient care; (2) improving quality of care; and (3) reducing rehospitalization rates. | A bill to amend title XVIII of the Social Security Act to establish a Care Transitions Program in order to improve quality and cost-effectiveness of care for Medicare beneficiaries. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Auto Relief Act of 2009''
or the ``CAR Act of 2009''.
SEC. 2. TAX INCENTIVES TO CONSUMERS AND LENDERS FOR THE PURCHASE OF A
PASSENGER VEHICLE DURING 2009.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. INCENTIVES TO CONSUMERS AND LENDERS FOR THE PURCHASE OF A
PASSENGER VEHICLE DURING 2009.
``(a) Deduction for Consumer Purchases.--In the case of an
individual, there shall be allowed as a deduction an amount equal to
the purchase price of any qualified vehicle placed in service by the
taxpayer during the taxable year.
``(b) Dollar Limitations.--The deduction allowed by subsection (a)
with respect to each qualified vehicle shall not exceed--
``(1) $7,500 if such vehicle is placed in service during
the 90-day period beginning on the date of the enactment of
this section,
``(2) $5,000 if such vehicle is placed in service during
the 90-day period beginning on the day after the period
described in paragraph (1), and
``(3) $2,500 if such vehicle is placed in service after the
period described in paragraph (2).
``(c) Definitions.--For purposes of this section--
``(1) Qualified vehicle.--
``(A) In general.--The term `qualified vehicle'
means a motor vehicle which is a passenger automobile
or a light truck--
``(i) the original use of which commences
with the taxpayer,
``(ii) which is acquired for use or lease
by the taxpayer and not for resale,
``(iii) which is made by a manufacturer, or
``(iv) which is placed in service by the
taxpayer on or after the date of the enactment
of this section and before January 1, 2010.
``(B) Exceptions.--Such term shall not include--
``(i) property referred to in section
50(b)(1) (relating to property used outside the
United States), or
``(ii) property of a character subject to
the allowance for depreciation or amortization.
``(2) Motor vehicle.--The term `motor vehicle' has the
meaning given such term by section 30(c)(2).
``(3) Other terms.--The terms `passenger automobile',
`light truck', and `manufacturer' have the meanings given such
terms in regulations prescribed by the Administrator of the
Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act (42 U.S.C. 7521
et seq.).
``(d) Deduction for Consumer Loans To Purchase Qualified Vehicles;
Exclusion From Lender's Gross Income.--In the case of interest on any
loan secured by a qualified vehicle and used by the purchaser to
purchase such vehicle--
``(1) such interest shall not be treated as personal
interest for purposes of section 163(h), and
``(2) the gross income of the lender shall not include 50
percent of such interest received or accrued on such loan
during the taxable year.
``(e) Deduction for State and Local Sales Taxes.--In the case of a
purchase of a qualified vehicle, there shall be allowed as a deduction
the amount of general sales taxes (within the meaning of section
164(b)(5)) paid or incurred during the taxable year on such purchase.
``(f) Special Rules.--
``(1) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a deduction is allowable
under subsection (a) shall be reduced by the amount of the
deduction so allowed.
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any deduction allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such deduction (including recapture
in the case of a lease period of less than the economic life of
a vehicle).''.
(b) Deductions Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) Deductions relating to purchase of passenger vehicle
during 2009.--The deductions allowed by subsection (a), (d),
and (e) of section 224.''.
(c) Conforming Amendments.--
(1) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (36), by striking
the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(38) to the extent provided in section 224(f)(1).''.
(2) The table of sections for such part VII is amended by
redesignating the item relating to section 224 as relating to
section 225 and by inserting after the item relating to section
223 the following new item:
``Sec. 224. Incentives to consumers and lenders for the purchase of a
passenger vehicle during 2009.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after the date of the enactment of
this Act. | Consumer Auto Relief Act of 2009 or the CAR Act of 2009 - Amends the Internal Revenue Code to allow individual taxpayers a tax deduction for: (1) up to $7,500 of the purchase price of a new passenger automobile or light truck that is purchased in 2009; (2) interest paid on any loan to purchase such vehicles; and (3) state and local sales taxes paid on a vehicle purchase. Excludes from the gross income of lenders 50% of the interest paid on any consumer loan for the purchase of a new passenger automobile or light truck. | To amend the Internal Revenue Code of 1986 to provide tax incentives to consumers and lenders for the purchase of a passenger vehicle during 2009. |
SECTION 1. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE COORDINATION
COUNCIL.
(a) Short Title.--This Act may be cited as the ``National Foreign
Language Coordination Act of 2007''.
(b) Establishment.--There is established in the Executive Office of
the President a National Foreign Language Coordination Council (in this
section referred to as the ``Council'').
(c) Membership.--The Council shall consist of the following members
or their designees:
(1) The National Language Director, who shall serve as the
chairperson of the Council.
(2) The Secretary of Education.
(3) The Secretary of Defense.
(4) The Secretary of State.
(5) The Secretary of Homeland Security.
(6) The Attorney General.
(7) The Director of National Intelligence.
(8) The Secretary of Labor.
(9) The Director of the Office of Personnel Management.
(10) The Director of the Office of Management and Budget.
(11) The Secretary of Commerce.
(12) The Secretary of Health and Human Services.
(13) The Secretary of the Treasury.
(14) The Secretary of Housing and Urban Development.
(15) The Secretary of Agriculture.
(16) The Chairman and President of the Export-Import Bank
of the United States.
(17) The heads of such other Federal agencies as the
Council considers appropriate.
(d) Responsibilities.--
(1) In general.--The Council shall be charged with--
(A) overseeing, coordinating, and implementing the
National Security Language Initiative;
(B) developing a national foreign language
strategy, building upon the efforts of the National
Security Language Initiative, within 18 months after
the date of the enactment of this section, in
consultation with--
(i) State and local government agencies;
(ii) academic sector institutions;
(iii) foreign language related interest
groups;
(iv) business associations;
(v) industry;
(vi) heritage associations; and
(vii) other relevant stakeholders;
(C) conducting a survey of the status of Federal
agency foreign language and area expertise and agency
needs for such expertise; and
(D) monitoring the implementation of such strategy
through--
(i) application of current and recently
enacted laws; and
(ii) the promulgation and enforcement of
rules and regulations.
(2) Strategy content.--The strategy developed under
paragraph (1) shall include--
(A) recommendations for amendments to title 5,
United States Code, in order to improve the ability of
the Federal Government to recruit and retain
individuals with foreign language proficiency and
provide foreign language training for Federal
employees;
(B) the long term goals, anticipated effect, and
needs of the National Security Language Initiative;
(C) identification of crucial priorities across all
sectors;
(D) identification and evaluation of Federal
foreign language programs and activities, including--
(i) any duplicative or overlapping programs
that may impede efficiency;
(ii) recommendations on coordination;
(iii) program enhancements; and
(iv) allocation of resources so as to
maximize use of resources;
(E) needed national policies and corresponding
legislative and regulatory actions in support of, and
allocation of designated resources to, promising
programs and initiatives at all levels (Federal, State,
and local), especially in the less commonly taught
languages that are seen as critical for national
security and global competitiveness during the next 20
to 50 years;
(F) effective ways to increase public awareness of
the need for foreign language skills and career paths
in all sectors that can employ those skills, with the
objective of increasing support for foreign language
study among--
(i) Federal, State, and local leaders;
(ii) students;
(iii) parents;
(iv) elementary, secondary, and
postsecondary educational institutions; and
(v) employers;
(G) recommendations for incentives for related
educational programs, including foreign language
teacher training;
(H) coordination of cross-sector efforts, including
public-private partnerships;
(I) coordination initiatives to develop a strategic
posture for language research and recommendations for
funding for applied foreign language research into
issues of national concern;
(J) recommendations for assistance for--
(i) the development of foreign language
achievement standards; and
(ii) corresponding assessments for the
elementary, secondary, and postsecondary
education levels, including the National
Assessment of Educational Progress in foreign
languages;
(K) recommendations for development of--
(i) language skill-level certification
standards;
(ii) frameworks for pre-service and
professional development study for those who
teach foreign language;
(iii) suggested graduation criteria for
foreign language studies and appropriate non-
language studies, such as--
(I) international business;
(II) national security;
(III) public administration;
(IV) health care;
(V) engineering;
(VI) law;
(VII) journalism; and
(VIII) sciences;
(L) identification of and means for replicating
best practices at all levels and in all sectors,
including best practices from the international
community; and
(M) recommendations for overcoming barriers in
foreign language proficiency.
(3) National security language initiative.--The term
``National Security Language Initiative'' means the
comprehensive national plan of the President announced on
January 5, 2006, and under the direction of the Secretaries of
State, Education, and Defense and the Director of National
Intelligence to expand foreign language education for national
security purposes in the United States.
(e) Submission of Strategy to President and Congress.--Not later
than 18 months after the date of enactment of this section, the Council
shall prepare and transmit to the President and the relevant committees
of Congress the strategy required under subsection (d).
(f) Meetings.--The Council may hold such meetings, and sit and act
at such times and places, as the Council considers appropriate, but
shall meet in formal session at least 2 times a year. State and local
government agencies and other organizations (such as academic sector
institutions, foreign language-related interest groups, business
associations, industry, and heritage community organizations) shall be
invited, as appropriate, to public meetings of the Council at least
once a year.
(g) Staff.--
(1) In general.--The Director may--
(A) appoint, without regard to the provisions of
title 5, United States Code, governing the competitive
service, such personnel as the Director considers
necessary; and
(B) compensate such personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of that title.
(2) Detail of government employees.--Upon request of the
Council, any Federal Government employee may be detailed to the
Council without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege
(3) Experts and consultants.--With the approval of the
Council, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(4) Travel expenses.--Council members and staff shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Council.
(5) Security clearance.--
(A) In general.--Subject to subparagraph (B), the
appropriate Federal agencies or departments shall
cooperate with the Council in expeditiously providing
to the Council members and staff appropriate security
clearances to the extent possible pursuant to existing
procedures and requirements.
(B) Exception.--No person shall be provided with
access to classified information under this section
without the appropriate required security clearance
access.
(6) Compensation.--The rate of pay for any employee of the
Council (including the Director) may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(h) Powers.--
(1) Delegation.--Any member or employee of the Council may,
if authorized by the Council, take any action that the Council
is authorized to take in this section.
(2) Information.--
(A) Council authority to secure.--The Council may
secure directly from any Federal agency such
information, consistent with Federal privacy laws,
including The Family Educational Rights and Privacy Act
(20 U.S.C. 1232g) and Department of Education's General
Education Provisions Act (20 U.S.C. 1232(h)), the
Council considers necessary to carry out its
responsibilities.
(B) Requirement to furnish requested information.--
Upon request of the Director, the head of such agency
shall furnish such information to the Council.
(3) Donations.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(4) Mail.--The Council may use the United States mail in
the same manner and under the same conditions as other Federal
agencies.
(i) Conferences, Newsletter, and Website.--In carrying out this
section, the Council--
(1) may arrange Federal, regional, State, and local
conferences for the purpose of developing and coordinating
effective programs and activities to improve foreign language
education;
(2) may publish a newsletter concerning Federal, State, and
local programs that are effectively meeting the foreign
language needs of the nation; and
(3) shall create and maintain a website containing
information on the Council and its activities, best practices
on language education, and other relevant information.
(j) Annual Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the Council
shall prepare and transmit to the President and the relevant
committees of Congress a report that describes--
(A) the activities of the Council;
(B) the efforts of the Council to improve foreign
language education and training; and
(C) impediments to the use of a National Foreign
Language program, including any statutory and
regulatory restrictions.
(2) Relevant committees.--For purposes of paragraph (1),
the relevant committees of Congress include--
(A) in the House of Representatives--
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Education and Labor;
(iv) the Committee on Oversight and
Government Reform;
(v) the Committee on Small Business;
(vi) the Committee on Foreign Affairs; and
(vii) the Permanent Select Committee on
Intelligence;
(B) in the Senate--
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Health, Education,
Labor, and Pensions;
(iv) the Committee on Homeland Security and
Governmental Affairs;
(v) the Committee on Foreign Relations; and
(vi) the Select Committee on Intelligence.
(k) Establishment of a National Language Director.--
(1) In general.--There is established a National Language
Director who shall be appointed by the President. The National
Language Director shall be a nationally recognized individual
with credentials and abilities across the sectors to be
involved with creating and implementing long-term solutions to
achieving national foreign language and cultural competency.
(2) Responsibilities.--The National Language Director
shall--
(A) develop and monitor the implementation of a
national foreign language strategy, built upon the
efforts of the National Security Language Initiative,
across all sectors;
(B) establish formal relationships among the major
stakeholders in meeting the needs of the Nation for
improved capabilities in foreign languages and cultural
understanding, including Federal, State, and local
government agencies, academia, industry, labor, and
heritage communities; and
(C) coordinate and lead a public information
campaign that raises awareness of public and private
sector careers requiring foreign language skills and
cultural understanding, with the objective of
increasing interest in and support for the study of
foreign languages among national leaders, the business
community, local officials, parents, and individuals.
(l) Encouragement of State Involvement.--
(1) State contact persons.--The Council shall consult with
each State to provide for the designation by each State of an
individual to serve as a State contact person for the purpose
of receiving and disseminating information and communications
received from the Council.
(2) State interagency councils and lead agencies.--Each
State is encouraged to establish a State interagency council on
foreign language coordination or designate a lead agency for
the State for the purpose of assuming primary responsibility
for coordinating and interacting with the Council and State and
local government agencies as necessary.
(m) Congressional Notification.--The Council shall provide to
Congress such information as may be requested by Congress, through
reports, briefings, and other appropriate means.
(n) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section. | National Foreign Language Coordination Act of 2007 - Establishes, in the Executive Office of the President, a National Foreign Language Coordination Council to: (1) oversee and implement the National Security Language Initiative (NSLI); and (2) develop and implement a national foreign language strategy. Includes heads of certain federal agencies as members of the Council.
Establishes a National Language Director, to be appointed by the President, to: (1) chair the Council; (2) develop and monitor implementation of the strategy, built upon the efforts of the NSLI; (3) establish formal relationships among major stakeholders, including federal, state, and local government agencies, academia, industry, labor, and heritage communities; and (4) coordinate and lead a public information campaign.
Requires the Council to consult with states to provide for designation of state contact persons. Encourages formation of state interagency councils, or designation of state lead agencies, to coordinate with the Council and state and local agencies. | A bill to establish a National Foreign Language Coordination Council. |
SECTION 1. IMPROVEMENT AND ENHANCEMENT OF AUTHORITIES RELATING TO THE
EMPLOYMENT, USE, AND STATUS OF MILITARY TECHNICIANS (DUAL
STATUS).
(a) In General.--The text of section 709 of title 32, United States
Code, as amended by sections 512 and 513 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328), is further
amended to read as follows:
``(a) Under regulations prescribed by the Secretary of Defense,
persons may be employed as technicians for the purposes of--
``(1) the support of the readiness, organization,
administration, instruction, or training of the National Guard;
``(2) the maintenance and repair of supplies and equipment
or facilities issued to the National Guard or the armed forces;
and
``(3) the performance of the following additional duties to
the extent that the performance of such duties does not
interfere with the performance of the duties described by
paragraphs (1) and (2):
``(A) Support of operations or missions undertaken
by the technician's unit at the request of the
President or the Secretary of Defense.
``(B) Support of Federal training operations or
Federal training missions assigned in whole or in part
to the technician's unit.
``(C) Instructing or training in the United States
or the Commonwealth of Puerto Rico or possessions of
the United States of--
``(i) active-duty members of the armed
forces;
``(ii) members of foreign military forces
(under the same authorities and restrictions
applicable to active-duty members providing
such instruction or training);
``(iii) Department of Defense contractor
personnel; or
``(iv) Department of Defense civilian
employees.
``(b) In this section, a technician is a person employed under
subsection (a) who is an employee of the Department of the Army or the
Department of the Air Force, as the case may be, and an employee of the
United States, and who is either of the following:
``(1) A military technician (dual status) as defined in
section 10216(a) of title 10 who--
``(A) is a member of the National Guard of the
jurisdiction in which the person is employed;
``(B) is outside the competitive service;
``(C) holds the military grade specified pursuant
to regulations prescribed by the Secretary of Defense
for that position; and
``(D) while performing duties as a military
technician (dual status)--
``(i) wears the uniform appropriate for the
member's grade and component of the armed
forces; and
``(ii) adheres to all military regulations
of the component concerned.
``(2) A non-dual status technician as defined in section
10217 of title 10, in a technician position designated in
accordance with regulations prescribed by the Secretary of
Defense.
``(c) The adjutants general referred to in section 314 of this
title shall appoint, employ, administer, detail, and assign the
technicians authorized by this section.
``(d) Notwithstanding any other provision of law and under
regulations prescribed by the Secretary of Defense--
``(1) a person employed under subsection (a) who is a
military technician (dual status) and otherwise subject to the
requirements of subsection (b)(1) who--
``(A) is separated from the National Guard shall be
promptly separated from military technician (dual
status) employment by the adjutant general of the
jurisdiction concerned; or
``(B) ceases to hold the military grade specified
by the Secretary concerned for that position or fails
to maintain the security or other military standards
established for a member of a reserve component
pursuant to regulations prescribed by the Secretary of
Defense that are required for that position shall be
separated from employment as a military technician
(dual status) and concurrently discharged from the
National Guard by the adjutant general of the
jurisdiction concerned;
``(2) a technician may, at any time, be separated from
technician employment for cause by the adjutant general of the
jurisdiction concerned;
``(3)(A) a reduction in force, furlough, removal, or other
adverse action involving military technician (dual status)
employment shall be accomplished by the adjutant general of the
jurisdiction concerned, and neither the Secretary of Defense
nor the Chief of the National Guard Bureau may order persons
employed as military technicians (dual status) under subsection
(a) to be furloughed; or
``(B) a reduction in force, removal, or adverse action
involving discharge from non-dual status technician employment,
suspension, furlough without pay, or reduction in rank or
compensation shall be accomplished by the adjutant general of
the jurisdiction concerned;
``(4)(A) in the case of a military technician (dual status)
a right of appeal which may exist under paragraph (1), (2), or
(3) shall be through military proceedings, and shall not extend
beyond the adjutant general of the jurisdiction concerned when
the appeal concerns activity occurring while the member is in a
military pay status or military duty standards; or
``(B) in the case of a non-dual status technician, a right
of appeal which may exist with respect to paragraph (1), (2),
or (3) shall not extend beyond the adjutant general of the
jurisdiction concerned when the appeal concerns activity
occurring while the member is in a military pay status or
concerns military duty standards;
``(5)(A) in the case of a military technician (dual
status), under regulations prescribed by the Secretary of
Defense, a right of appeal of the final decision of the
adjutant general of the jurisdiction concerned which may exist
under paragraph (1), (2), or (3) shall be to an administrative
panel when the appeal concerns activities that occur while the
technician is performing technician duties or that relate to
aspects of technician employment not covered by paragraph (4),
and the decision of the administrative panel shall be binding
upon the adjutant general of the jurisdiction concerned and may
not be further appealed; or
``(B) in the case of a non-dual status technician, with
respect to an appeal concerning any activity not covered by
paragraph (4), the provisions of sections 7511, 7512, and 7513
of title 5 and section 717 of the Civil Rights Act of 1991 (42
U.S.C. 2000e-16) shall apply;
``(6) in the case of a military technician (dual status),
with respect to an appeal of any final decision by the adjutant
general of the jurisdiction concerned alleging discrimination
based upon race, color, religion, sex, or national origin
(including an appeal of an action under paragraph (1), (2), or
(3) that alleges such discrimination) in the non-military
aspects of technician employment (but not in activities that
occur while the military technician is in a military pay or
duty status or that concern military duty standards), the
provisions of section 717 of the Civil Rights Act of 1991 shall
apply;
``(7) a technician shall be notified in writing of the
termination of employment as a technician and, unless the
technician is serving under a temporary appointment, is serving
in a trial or probationary period, or has voluntarily ceased to
be a member of the National Guard when such membership is a
condition of employment, such notification shall be given at
least 30 days before the termination date of such employment;
and
``(8) a military technician (dual status) who is
involuntarily separated from military technician (dual status)
employment under paragraph (1) or (3), other than for
misconduct, shall--
``(A) be granted priority 1 consideration under the
Department of Defense priority placement program; and
``(B) be granted full eligibility under the
Interagency Career Transition Assistance Plan (ICTAP)
under subpart G of part 330 of title 5, Code of Federal
Regulations (5 C.F.R. 330.701 et seq.).
``(e)(1) Except as provided in subsection (d), sections 2108, 3502,
7511, and 7512 of title 5 do not apply to a person employed under this
section.
``(2) In addition to the sections referred to in paragraph (1),
section 6323(a)(1) of title 5 also does not apply to a person employed
under this section who is performing active Guard and Reserve duty (as
that term is defined in section 101(d)(6) of title 10).
``(f)(1) Notwithstanding sections 5544(a) and 6101(a) of title 5 or
any other provision of law, the Secretary concerned may prescribe the
hours of duty for technicians.
``(2) Notwithstanding sections 5542 and 5543 of title 5 or any
other provision of law, non-dual status technicians shall be granted an
amount of compensatory time off from their scheduled tour of duty equal
to the amount of any time spent by them in irregular or overtime work,
and shall not be entitled to compensation for such work.
``(3) Notwithstanding sections 5542 and 5543 of title 5 or any
other provision of law and subject to the availability of funds,
military technicians (dual status) shall be paid at a rate of one and
one-half times their basic pay rate for irregular or overtime work,
except that, upon request or when funds are unavailable, such
technicians may be granted an amount of compensatory time off from
their scheduled tour of duty equal to the amount of any time spent by
them in irregular or overtime work.
``(g) The Secretary concerned may not prescribe for purposes of
eligibility for Federal recognition under section 301 of this title a
qualification applicable to non-dual status technicians employed under
subsection (a) that is not applicable pursuant to that section to the
other members of the National Guard in the same grade, branch,
position, and type of unit or organization involved. However, the
adjutant general of the jurisdiction concerned may prescribe such
qualifications for military technicians (dual status).
``(h) In this section:
``(1) The term `military duty standards' means requirements
in law, regulation, or policy that are applicable to military
service, including service in the National Guard or other
reserve components of the armed forces or service on active
duty in the armed forces.
``(2) The term `military pay status' means a period of
service where the amount of pay payable to a technician for
that service is based on rates of military pay provided by
title 37.''.
(b) Accrual of Pay for Overtime Work Contingent Upon Regulations.--
No entitlement to payment for overtime work shall accrue under
paragraph (3) of subsection (f) of section 709 of title 32, United
States Code, as amended by subsection (a), until the Secretary of
Defense prescribes regulations relating to budgeted for and paying for
overtime work of military technicians under that section.
SEC. 2. ENHANCEMENT OF BENEFITS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) Bonuses and Related Benefits.--Section 10216 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(h) Bonuses and Related Benefits.--(1) If an individual becomes
employed as a military technician (dual status) while the individual is
already a member of a reserve component of the armed forces, the
Secretary concerned may not require the individual to repay any
enlistment, reenlistment, or affiliation bonus provided to the
individual in connection with the individual's enlistment or
reenlistment before such employment.
``(2) Even though an individual employed as a military technician
(dual status) is required as a condition of that employment to maintain
membership in the Selected Reserve, the individual shall not be
precluded from receiving an enlistment, reenlistment, or affiliation
bonus nor be denied the opportunity to participate in an educational
loan repayment program under chapter 1609 of this title as an
additional incentive for the individual to accept and maintain such
membership.''.
(b) Eligibility for TRICARE Standard as Members of the Selected
Reserve.--Section 1076d(a)(2) of title 10, United States Code, is
amended--
(1) by striking ``Paragraph (1) does not'' and inserting
``(A) Except as provided in subparagraph (B), paragraph (1)
does not''; and
(2) by adding at the end the following new subparagraph:
``(B) Notwithstanding subparagraph (A), paragraph (1) applies to a
member who is enrolled, or eligible to enroll, in a health benefits
plan under chapter 89 of title 5 if the member is a military technician
(dual status) as described in section 10216(a) of this title.''.
SEC. 3. FISCAL YEAR 2018 END STRENGTHS FOR NATIONAL GUARD MILITARY
TECHNICIANS (DUAL STATUS).
Notwithstanding any other provision of law, the minimum number of
military technicians (dual status) as of the last day of fiscal year
2018 for the specified reserve components of the Army and the Air Force
(notwithstanding section 129 of title 10, United States Code) shall be
the following:
(1) For the Army National Guard of the United States,
25,507.
(2) For the Air National Guard of the United States,
22,103.
SEC. 4. MODIFICATION OF REQUIREMENTS RELATING TO CONVERSION OF MILITARY
TECHNICIAN (DUAL STATUS) POSITIONS.
Section 1053(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 10 U.S.C. 10216 note),
as amended by section 1084(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328), is further amended by
striking paragraphs (1) and (2) and inserting the following new
paragraphs:
``(1) In general.--Commencing not earlier than October 1,
2017, the Secretary of Defense shall convert the military
technician positions described in paragraph (2) to positions
filled by individuals who are employed under section 3101 of
title 5, United States Code, or section 1601 of title 10,
United States Code, and are not military technicians.
``(2) Covered positions.--The positions described in this
paragraph are military technician (dual status) positions in
general administration, clerical, finance, and office service
occupations that are identified by the Secretary of Defense as
convertible without affecting military readiness.
``(3) Limitation on number converted.--The total number of
positions converted pursuant to this subsection may not exceed
the number equal to 4.8 percent of military technician (dual
status) positions of the National Guard and the Reserves that
are filled as of October 1, 2017.''.
SEC. 5. SCOPE OF AUTHORIZED DUTIES FOR MEMBERS OF THE NATIONAL GUARD
CALLED TO ACTIVE GUARD AND RESERVE DUTY BY THE GOVERNORS
OF THE STATES.
Section 328(b) of title 32, United States Code, is amended by
inserting ``, or additional duties in support of State missions,''
after ``additional duties specified in section 502(f) of this title''.
SEC. 6. MODIFICATION OF PERSONNEL MANAGEMENT AUTHORITIES FOR THE CHIEF
OF THE NATIONAL GUARD BUREAU.
Section 10508(b) of title 10, United States Code, as added by
section 932(2) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328), is amended--
(1) in paragraph (1), by striking ``may'' and all that
follows and inserting ``may--
``(A) program for persons under sections 2103,
2105, and 3101 of title 5, and section 328 of title 32;
and
``(B) appoint, employ, administer, detail, and
assign persons under sections 2103, 2105, and 3101 of
title 5 within the National Guard Bureau and, with the
consent and advice of the adjutant general of the
jurisdiction concerned, the National Guard of each
State, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, and the Virgin Islands to execute the
functions of the National Guard Bureau, the missions of
the National Guard, and missions assigned by the Chief
of the National Guard Bureau.''; and
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Administration through adjutants general.--The
adjutants general referred to in section 314 of title 32 shall
exercise the authority of the Chief of the National Guard
Bureau under paragraph (1)(B) to appoint, employ, administer,
detail, and assign persons under sections 2103, 2105, and 3101
of title 5 within their jurisdictions. The adjutants general
may delegate such authority to persons under sections 328 and
709 of title 32.''. | This bill revises provisions concerning military technicians (dual status), including by: (1) transferring authority to issue regulations regarding the employment, use, and status of such technicians from the Departments of the Army and the Air Force to the Department of Defense (DOD); and (2) requiring that such individuals be outside the competitive service and be appointed and administered by an adjutant general. An individual who becomes employed as such a technician while already a member of a reserve component of the armed forces shall not have to repay any enlistment, reenlistment, or affiliation bonus provided before such employment. The bill: (1) makes such technicians eligible for TRICARE, and (2) sets forth FY2018 end strengths for the Army National Guard and the Air National Guard. The National Defense Authorization Act for Fiscal Year 2016 is amended to reduce from 20% to 4.8% the percentage of technician positions filled in administration, clerical, finance, and office service occupations as of October 1, 2017, that DOD must convert to civilian positions. A governor or the commanding general of the District of Columbia National Guard may order a member of the National Guard to perform active Guard and Reserve duty in support of state missions. The bill modifies personnel management authorities of the Chief of the National Guard Bureau, including by requiring adjutants general to exercise the Chief's authority to employ, administer, and assign certain persons within their jurisdictions. | To amend titles 10 and 32, United States Code, to improve and enhance authorities relating to the employment, use, status, and benefits of military technicians (dual status), and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rx for Abuse Act''.
SEC 2. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE SETTINGS.
(a) In General.--The Family Violence Prevention and Services Act
(42 U.S.C. 10401 et seq.) is amended by adding at the end the
following:
``SEC. 319. GRANTS TO ADDRESS DOMESTIC VIOLENCE IN HEALTH CARE
SETTINGS.
``(a) General Purpose Grants.--The Secretary, acting through the
Office of Family Violence and Prevention Services of the Administration
for Children and Families, may award grants to eligible State and local
entities to strengthen the State and local health care system's
response to domestic violence by building the capacity of health care
professionals and staff to identify, address, and prevent domestic
violence.
``(b) State Grants.--
``(1) In general.--The Secretary may award grants under
subsection (a) to entities eligible under paragraph (2) for the
conduct of not to exceed 10 Statewide programs for the design
and implementation of statewide strategies to enable health
care workers to improve the health care system's response to
treatment and prevention of domestic violence as provided for
in subsection (d).
``(2) Eligible entities.--To be eligible to receive a grant
under paragraph (1) an entity shall--
``(A) be a State health department, nonprofit State
domestic violence coalition, State professional medical
society, State health professional association, or
other nonprofit or State entity with a history of
effective work in the field of domestic violence;
``(B) demonstrate to the Secretary that such entity
is representing a team of organizations and agencies
working collaboratively to strengthen the health care
system's response to domestic violence and that such
team includes representatives from domestic violence
and health care organizations; and
``(C) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Limitation.--The Secretary may not award a grant to a
State health department under paragraph (1) unless the State
health department can certify that State laws, policies, and
practices do not require health care professionals and staff to
report incidents of domestic violence against adult victims to
law enforcement officials without the patient's consent. This
prohibition does not apply to the anonymous reporting or
reporting of de-identified information for the purposes of data
collection and analysis.
``(4) Term and amount.--A grant under this section shall be
for a term of up to 4 years and for an amount not to exceed
$2,000,000 per year.
``(c) Local Demonstration Grants.--
``(1) In general.--The Secretary may award grants under
subsection (a) to entities eligible under paragraph (2) for the
conduct of not to exceed 10 demonstration projects for the
design and implementation of a strategy to improve the response
of local health care professionals and staff to the treatment
and prevention of domestic violence.
``(2) Eligible entities.--To be eligible to receive a grant
under paragraph (1) an entity shall--
``(A) be a local health department, tribal health
board, or tribal health organization, local or tribal
nonprofit domestic violence organization or service
provider, local or tribal professional medical society
or health professional association, local nonprofit
health care delivery system or nonprofit hospital, or
other nonprofit, tribal nonprofit, tribal government,
or local government entity that has a history of
effective work in the field of domestic violence;
``(B) demonstrate to the Secretary that such entity
is representing a team of organizations working
collaboratively to strengthen the health care system's
response to domestic violence and that such team
includes representatives from domestic violence and
health care organizations; and
``(C) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Term and amount.--A grant under this section shall be
for a term of up to 2 years and for an amount not to exceed
$100,000 per year.
``(d) Use of Funds.--Amounts provided under a grant under this
section shall be used to design and implement comprehensive statewide
and local strategies to improve the health care response to domestic
violence in hospitals, clinics, managed care settings, emergency
medical services, and other health care settings. Such a strategy shall
include--
``(1) the development, implementation, dissemination, and
evaluation of policies and procedures to guide health care
professionals and staff responding to domestic violence;
``(2) the provision of training and follow-up technical
assistance to health care professionals and staff to screen for
domestic violence, and then to appropriately assess, record in
medical records, treat, and refer patients who are victims of
domestic violence to domestic violence services;
``(3) the implementation of practice guidelines for routine
screening and recording mechanisms to identify and document
domestic violence, including guidelines to ensure that the
patient is fully informed of any State laws regarding reporting
domestic violence crimes and potential risks to the patient
before screening is performed, and the institutionalization of
such guidelines and mechanisms in quality improvement
measurements such as patient record reviews, staff interviews,
patient surveys, or other methods used to evaluate and enhance
staff compliance with protocols;
``(4) the development and implementation of policies,
protocols, and strategies to ensure that the health and
personal information of a patient who identifies or is
identified as a victim of abuse is collected and held in a
manner that protects the patient's privacy and safety;
``(5) the development of on-site access to services to
address the safety, medical, mental health, and economic needs
of patients and to provide information and assistance related
to the additional needs of patients who are victims of domestic
violence achieved either by increasing the capacity of existing
health care professionals and staff to address these issues or
by contracting with or hiring domestic violence advocates to
provide the services or other model appropriate to the
geographic and cultural needs of a site;
``(6) the development of innovative and effective
comprehensive approaches to domestic violence identification,
treatment, and prevention models unique to managed care
settings, such as--
``(A) exploring ways to compensate health care
professionals and staff for screening and other
services related to domestic violence;
``(B) developing built-in incentives such as
billing mechanisms and protocols to encourage health
care professionals and staff to implement screening and
other domestic violence programs; or
``(C) contracts or other agreements which provide
nonprofit community-based agencies with expertise
serving victims of domestic violence payment to provide
domestic violence victims access to advocates and
services in health care settings; and
``(7) activities deemed necessary by the Secretary to
enable evaluation.
``(e) Evaluation.--The Secretary may use not to exceed 5 percent of
the amount appropriated under subsection (f) to evaluate the economic,
health, and safety benefits of the programs and activities conducted by
grantees under this section and the extent to which the
institutionalization of such activities has been achieved. The
Secretary shall ensure that all data is collected and maintained in a
manner that protects the subject's privacy and safety. The Secretary
shall further ensure, to the maximum extent possible, that all data and
health information is collected in a nonidentifiable manner, and in the
event that nonidentifiable data is not feasible, the Secretary shall
ensure that the subject's consent was obtained for the use and transfer
of such information.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $11,000,000 for each of the fiscal years 2001
through 2003; and
``(B) $10,000,000 for fiscal year 2004.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''.
(b) Technical Amendment.--Section 305(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10405(a)) is amended--
(1) by striking ``an employee'' and inserting ``one or more
employees''; and
(2) by striking ``individual'' and inserting
``individuals''. | Conditions such assistance upon certification by the State health department that State laws, policies, and practices do not require health care personnel to report incidents of domestic violence against adult victims to law enforcement officials without patient consent.
Authorizes appropriations. | Rx for Abuse Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science Over Politics Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Emergency contraceptive pills (``ECPs'') are approved
for use by the Food and Drug Administration (``FDA'').
(2) Emergency contraceptive pills are a concentrated dosage
of ordinary birth control pills that can dramatically reduce a
woman's chance of becoming pregnant.
(3) If ECPs are taken within 72 hours of contraceptive
failure or unprotected sex, ECPs can reduce a woman's risk of
pregnancy by up to 89 percent.
(4) Emergency contraceptive pills do not cause abortion but
rather prevent pregnancy by inhibiting ovulation,
fertilization, or implantation before a pregnancy occurs.
(5) Emergency contraception cannot interrupt or disrupt an
established pregnancy.
(6) Increased use of ECPs could reduce the number of
unintended pregnancies and abortions by half.
(7) A 2002 study revealed that ECP use was likely
responsible for up to 43 percent of the decline in abortions
between 1994 and 2000, with ECP use preventing over 50,000
abortions in 2000 alone.
(8) Over-the-counter sales of ECPs would be particularly
beneficial for sexual assault victims as approximately 25,000
women per year in the United States become pregnant as a result
of rape. An estimated 22,000 of these pregnancies, 88 percent,
could be prevented if sexual assault victims had timely access
to emergency contraception.
(9) More than 70 organizations, including the American
Nurses Association, the American College of Obstetricians and
Gynecologists, the American Academy of Pediatrics, the American
Medical Association, the American Public Health Association,
and the Association of Reproductive Health Professionals,
support over-the-counter access to ECPs.
(10) On April 21, 2003, product manufacturers Women's
Capital Corporation submitted an application to the Food and
Drug Administration requesting to switch the emergency
contraceptive Plan B from prescription-only to over-the-counter
(``OTC'') status.
(11) ECPs meet all the customary FDA criteria for over-the-
counter status in that they are safe and effective, are not
associated with any serious or harmful side-effects, are easily
self-administered, and require no need for medical supervision.
Moreover, ECPs are not harmful to an existing pregnancy and
their use does not lead to riskier behavior or less frequent
use of other forms of contraception, has no potential for
overdose or addiction, is not harmful to an existing pregnancy,
is easily self-administered, and requires no need for medical
screening.
(12) FDA staff and experts appointed to the advisory
committees considered volumes of evidence showing that making
Plan B available over-the-counter was safe and effective for
women of all reproductive age.
(13) On December 16, 2003, a joint panel of the FDA's
Reproductive Health Drugs Advisory Committee and Non-
Prescription Drugs Advisory Committee voted 28-0 that Plan B
could be safely sold as an over-the-counter medication.
(14) On December 16, 2003, a joint panel of the FDA's
Reproductive Health Drugs Advisory Committee and Non-
prescription Drugs Advisory Committee voted 23-4 to recommend
that the FDA approve the application to make Plan B available
over-the-counter for women of all ages.
(15) The FDA's rejection of over-the-counter status for
Plan B on May 6, 2004, directly contradicted the overwhelming
weight of scientific evidence.
(16) The limited options offered by the FDA for future
consideration of over-the-counter sale of Plan B are not
warranted by the volumes of existing evidence and run counter
to the advice of the FDA's independent experts, staff, and
precedent.
(17) Evidence suggests that the FDA's decision resulted
from an unprecedented political takeover of what is supposed to
be an independent scientific review.
SEC. 3. FDA DENIAL OF OTC STATUS FOR EMERGENCY-CONTRACEPTIVE DRUG PLAN
B; REVIEW BY COMMISSIONER OF FOOD AND DRUGS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Commissioner of Food and Drugs shall--
(1) review the decision of the Food and Drug Administration
not to approve the supplemental application submitted under
section 505(b) of the Federal Food, Drug, and Cosmetic Act to
obtain approval for the commercial distribution of the drug
Plan B (levonorgestrel in 0.75 mg. tablet form) as a drug that
is not subject to the requirements of section 503(b)(1) of such
Act (commonly known as an over-the-counter, or OTC, drug); and
(2) affirm, under penalty of law, that such decision--
(A) was not politically influenced;
(B) was based on sound science; and
(C) conformed to precedents and procedures of the
Food and Drug Administration.
(b) Publication in Federal Register.--The affirmation under
subsection (a) shall be made through a statement published in the
Federal Register. | Science Over Politics Act - Requires the Commissioner of Food and Drugs to: (1) review the decision of the Food and Drug Administration (FDA) not to approve the application for the commercial distribution of the emergency contraceptive drug Plan B (levonorgestrel in 0.75 mg. tablet form) as an over-the-counter drug; (2) affirm that the decision was not politically influenced, was based on sound science, and conformed to FDA precedents and procedures; and (3) publish such affirmation in the Federal Register. | To provide for the review by the Commissioner of Food and Drugs of the process by which the Food and Drug Administration made the decision not to approve the commercial distribution of the emergency-contraceptive drug Plan B as an over-the-counter drug, 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.
Passed the House of Representatives June 20, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2005 - Amends the federal criminal code to prohibit fraud in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster or emergency declaration under the Disaster Relief Act of 1974 or in connection with the procurement of property or services related to a disaster by a contractor or supplier. Imposes a fine and/or prison term of up to 30 years for violations.
Imposes a fine of $1 million and/or prison term of up to 30 years for wire, radio, television, or mail fraud in connection with a presidentially declared major disaster or emergency.
Directs the U.S. Sentencing Commission to: (1) promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a major disaster or emergency declaration; and (2) submit to the Judiciary Committees of Congress an explanation of actions taken to combat such offenses. | To amend title 18, United States Code, with respect to fraud in connection with major disaster or emergency funds. |
SECTION 1. LAND EXCHANGE.
(a) Exchange.--Subject to subsection (c), the Secretary of
Agriculture (referred to in this section as the ``Secretary'') shall
convey all right, title, and interest of the United States in and to
the National Forest System lands described in subsection (b)(1) to
Public Utility District No. 1 of Chelan County, Washington (referred to
in this section as the ``Public Utility District''), in exchange for
the conveyance to the Department of Agriculture by the Public Utility
District of all right, title, and interest of the Public Utility
District in and to the lands described in subsection (b)(2).
(b) Description of Lands.--
(1) National forest system lands.--The National Forest
System lands referred to in subsection (a) are 122 acres, more
or less, that are partially occupied by a wastewater treatment
facility referred to in subsection (c)(4)(A) with the following
legal description:
(A) The NE\1/4\ of SW\1/4\ of section 27 of
township 27 north, range 17 east, Willamette Meridian,
Chelan County, Washington.
(B) The N\1/2\ of SE\1/4\ of SW\1/4\ of such
section 27.
(C) The W\1/2\ of NW\1/4\ of SE\1/4\ of such
section 27.
(D) The NW\1/4\ of SW\1/4\ of SE\1/4\ of such
section 27.
(E) The E\1/2\ of NW\1/4\ of the SE\1/4\ of such
section 27.
(F) That portion of the S\1/2\ of SE\1/4\ of SW\1/
4\ lying north of the northerly edge of Highway 209
right-of-way of such section 27.
(2) Public utility district lands.--The lands owned by the
Public Utility District are 109.15 acres, more or less, with
the following legal description:
(A) S\1/2\ of SW\1/4\ of section 35 of township 26
north, range 17 east, Willamette Meridian, Chelan
County, Washington.
(B) The area specified by Public Utility District
No. 1 as Government Lot 5 in such section 35.
(c) Requirements for Exchange.--
(1) Title acceptance and conveyance.--Upon offer by the
Public Utility District of all right, title, and interest in
and to the lands described in subsection (b)(2), if the title
is found acceptable by the Secretary, the Secretary shall
accept title to such lands and interests therein and shall
convey to the Public Utility District all right, title, and
interest of the United States in and to the lands described in
subsection (b)(1).
(2) Appraisals required.--Before making an exchange
pursuant to subsection (a), the Secretary shall conduct
appraisals of the lands that are subject to the exchange to
determine the fair market value of the lands. Such appraisals
shall not include the value of the wastewater treatment
facility referred to in paragraph (4)(A).
(3) Additional consideration.--If, on the basis of the
appraisals made under paragraph (2), the Secretary determines
that the fair market value of the lands to be conveyed by one
party under subsection (a) is less than the fair market value
of the lands to be conveyed by the other party under subsection
(a), then, as a condition of making the exchange under
subsection (a), the party conveying the lands with the lesser
value shall pay the other party the amount by which the fair
market value of the lands of greater value exceeds the fair
market value of the lands of lesser value.
(4) Conveyance of wastewater treatment facility.--(A) As
part of an exchange made under subsection (a), the Secretary
shall convey to the Public Utility District of Chelan County,
Washington, all right, title, and interest of the United States
in and to the wastewater treatment facility (including the
wastewater treatment plant and associated lagoons) located on
the lands described in subsection (b)(1) that is in existence
on the date of the exchange.
(B) As a condition for the exchange under subsection (a),
the Public Utility District shall provide for a credit equal to
the fair market value of the wastewater treatment facility
conveyed pursuant to subparagraph (A) (determined as of
November 4, 1991), that shall be applied to the United States
share of any new wastewater treatment facility constructed by
the Public Utility District after such date.
(d) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the exchange
under this section as the Secretary determines appropriate to protect
the interests of the United States. | Authorizes the Secretary of Agriculture to exchange certain lands (including a wastewater treatment facility) in the Wenatchee National Forest, Washington, for certain lands owned by Public Utility District No. 1 of Chelan County, Washington. | A bill to authorize the Secretary of Agriculture to exchange certain lands in the Wenatchee National Forest, Washington, for certain lands owned by Public District No. 1 of Chelan County, Washington, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blunt Reservoir and Pierre Canal
Land Conveyance Act of 2006''.
SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.
(a) Definitions.--In this section:
(1) Blunt reservoir feature.--The term ``Blunt Reservoir
feature'' means the Blunt Reservoir feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(2) Commission.--The term ``Commission'' means the
Commission of Schools and Public Lands of the State.
(3) Nonpreferential lease parcel.--The term
``nonpreferential lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a nonpreferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(4) Pierre canal feature.--The term ``Pierre Canal
feature'' means the Pierre Canal feature of the Oahe Unit,
James Division, authorized by the Act of August 3, 1968 (82
Stat. 624), as part of the Pick-Sloan Missouri River Basin
program.
(5) Preferential leaseholder.--The term ``preferential
leaseholder'' means a person or descendant of a person that
held a lease on a preferential lease parcel as of January 1,
2001, and is reflected as such on the roster of leases of the
Bureau of Reclamation for 2001.
(6) Preferential lease parcel.--The term ``preferential
lease parcel'' means a parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) was considered to be a preferential lease
parcel by the Secretary as of January 1, 2001, and is
reflected as such on the roster of leases of the Bureau
of Reclamation for 2001.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) State.--The term ``State'' means the State of South
Dakota, including a successor in interest of the State.
(9) Unleased parcel.--The term ``unleased parcel'' means a
parcel of land that--
(A) was purchased by the Secretary for use in
connection with the Blunt Reservoir feature or the
Pierre Canal feature; and
(B) is not under lease as of the date of enactment
of this Act.
(b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
(c) Acceptance of Land and Obligations.--
(1) In general.--As a term of each conveyance under
subsections (d)(5) and (e), respectively, the State may agree
to accept--
(A) in ``as is'' condition, the portions of the
Blunt Reservoir Feature and the Pierre Canal Feature
that pass into State ownership;
(B) any liability accruing after the date of
conveyance as a result of the ownership, operation, or
maintenance of the features referred to in subparagraph
(A), including liability associated with certain
outstanding obligations associated with expired
easements, or any other right granted in, on, over, or
across either feature; and
(C) the responsibility that the Commission will act
as the agent for the Secretary in administering the
purchase option extended to preferential leaseholders
under subsection (d).
(2) Responsibilities of the state.--An outstanding
obligation described in paragraph (1)(B) shall inure to the
benefit of, and be binding upon, the State.
(3) Oil, gas, mineral and other outstanding rights.--A
conveyance to the State under subsection (d)(5) or (e) or a
sale to a preferential leaseholder under subsection (d) shall
be made subject to--
(A) oil, gas, and other mineral rights reserved of
record, as of the date of enactment of this Act, by or
in favor of a third party; and
(B) any permit, license, lease, right-of-use, or
right-of-way of record in, on, over, or across a
feature referred to in paragraph (1)(A) that is
outstanding as to a third party as of the date of
enactment of this Act.
(4) Additional conditions of conveyance to state.--A
conveyance to the State under subsection (d)(5) or (e) shall be
subject to the reservations by the United States and the
conditions specified in section 1 of the Act of May 19, 1948
(chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for
the transfer of property to State agencies for wildlife
conservation purposes.
(d) Purchase Option.--
(1) In general.--A preferential leaseholder shall have an
option to purchase from the Secretary or the Commission, acting
as an agent for the Secretary, the preferential lease parcel
that is the subject of the lease.
(2) Terms.--
(A) In general.--Except as provided in subparagraph
(B), a preferential leaseholder may elect to purchase a
parcel on one of the following terms:
(i) Cash purchase for the amount that is
equal to--
(I) the value of the parcel
determined under paragraph (4); minus
(II) ten percent of that value.
(ii) Installment purchase, with 10 percent
of the value of the parcel determined under
paragraph (4) to be paid on the date of
purchase and the remainder to be paid over not
more than 30 years at 3 percent annual
interest.
(B) Value under $10,000.--If the value of the
parcel is under $10,000, the purchase shall be made on
a cash basis in accordance with subparagraph (A)(I).
(3) Option exercise period.--
(A) In general.--A preferential leaseholder shall
have until the date that is 5 years after enactment of
this Act to exercise the option under paragraph (1).
(B) Continuation of leases.--Until the date
specified in subparagraph (A), a preferential
leaseholder shall be entitled to continue to lease from
the Secretary the parcel leased by the preferential
leaseholder under the same terms and conditions as
under the lease, as in effect as of the date of
enactment of this Act.
(4) Valuation.--
(A) In general.--The value of a preferential lease
parcel shall be its fair market value for agricultural
purposes determined by an independent appraisal less 25
percent, exclusive of the value of private improvements
made by the leaseholders while the land was federally
owned before the date of the enactment of this Act, in
conformance with the Uniform Appraisal Standards for
Federal Land Acquisition.
(B) Fair market value.--Any dispute over the fair
market value of a property under subparagraph (A) shall
be resolved in accordance with section 2201.4 of title
43, Code of Federal Regulations.
(5) Conveyance to the state.--
(A) In general.--If a preferential leaseholder
fails to purchase a parcel within the period specified
in paragraph (3)(A), the Secretary shall convey the
parcel to the State of South Dakota Department of Game,
Fish, and Parks.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(6) Use of proceeds.--Proceeds of sales of land under this
Act shall be deposited as miscellaneous funds in the Treasury
and such funds shall be made available, subject to
appropriations, to the State for the establishment of a trust
fund to pay the county taxes on the lands received by the State
Department of Game, Fish, and Parks under the bill.
(e) Conveyance of Nonpreferential Lease Parcels and Unleased
Parcels.--
(1) Conveyance by secretary to state.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
convey to the South Dakota Department of Game, Fish,
and Parks the nonpreferential lease parcels and
unleased parcels of the Blunt Reservoir and Pierre
Canal.
(B) Wildlife habitat mitigation.--Land conveyed
under subparagraph (A) shall be used by the South
Dakota Department of Game, Fish, and Parks for the
purpose of mitigating the wildlife habitat that was
lost as a result of the development of the Pick-Sloan
project.
(2) Land exchanges for nonpreferential lease parcels and
unleased parcels.--
(A) In general.--With the concurrence of the South
Dakota Department of Game, Fish, and Parks, the South
Dakota Commission of Schools and Public Lands may allow
a person to exchange land that the person owns
elsewhere in the State for a nonpreferential lease
parcel or unleased parcel at Blunt Reservoir or Pierre
Canal, as the case may be.
(B) Priority.--The right to exchange
nonpreferential lease parcels or unleased parcels shall
be granted in the following order or priority:
(i) Exchanges with current lessees for
nonpreferential lease parcels.
(ii) Exchanges with adjoining and adjacent
landowners for unleased parcels and
nonpreferential lease parcels not exchanged by
current lessees.
(C) Easement for water conveyance structure.--As a
condition of the exchange of land of the Pierre Canal
Feature under this paragraph, the United States
reserves a perpetual easement to the land to allow for
the right to design, construct, operate, maintain,
repair, and replace a pipeline or other water
conveyance structure over, under, across, or through
the Pierre Canal feature.
(f) Release From Liability.--
(1) In general.--Effective on the date of conveyance of any
parcel under this Act, the United States shall not be held
liable by any court for damages of any kind arising out of any
act, omission, or occurrence relating to the parcel, except for
damages for acts of negligence committed by the United States
or by an employee, agent, or contractor of the United States,
before the date of conveyance.
(2) No additional liability.--Nothing in this section adds
to any liability that the United States may have under chapter
171 of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').
(g) Requirements Concerning Conveyance of Lease Parcels.--
(1) Interim requirements.--During the period beginning on
the date of enactment of this Act and ending on the date of
conveyance of the parcel, the Secretary shall continue to lease
each preferential lease parcel or nonpreferential lease parcel
to be conveyed under this section under the terms and
conditions applicable to the parcel on the date of enactment of
this Act.
(2) Provision of parcel descriptions.--Not later than 180
days after the date of the enactment of this Act, the
Secretary, in consultation with the Commission, shall provide
the State a full legal description of all preferential lease
parcels and nonpreferential lease parcels that may be conveyed
under this section.
(h) Curation of Archeological Collections.--The Secretary, in
consultation with the State, shall transfer, without cost to the State,
all archeological and cultural resource items collected from the Blunt
Reservoir Feature and Pierre Canal Feature to the South Dakota State
Historical Society.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $750,000 to reimburse the Secretary
for expenses incurred in implementing this Act, and such sums as are
necessary to reimburse the Commission and the State Department of Game,
Fish, and Parks for expenses incurred implementing this Act, not to
exceed 10 percent of the cost of each transaction conducted under this
Act.
Passed the House of Representatives July 24, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006 - Deauthorizes the Blunt Reservoir feature of the Oahe Unit, James Division, authorized as part of the Pick-Sloan Missouri River Basin Program.
Allows preferential leaseholders of parcels of the Blunt Reservoir and Pierre Canal features an option to purchase the land they lease from the Secretary of the Interior, acting through the Commissioner of Reclamation, or the Commission of Schools and Public Lands of South Dakota. Prescribes terms for such purchases, the option exercise period, and the basis for parcel valuation. Directs the Secretary to convey all preferential lease parcels not purchased by the leaseholder and the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal to the South Dakota Department of Game, Fish, and Parks, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Authorizes: (1) the state of South Dakota to accept certain conditions of conveyance, including that it receives the land conveyed in "as is" condition and accepts liability accruing as a result of ownership, operation, and maintenance of the features; and (2) the Commission, with the Department's concurrence, to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal. Directs the Secretary to transfer all archeological and cultural resource items collected from the Blunt Reservoir and Pierre Canal Features to the South Dakota State Historical Society. Authorizes appropriations. | To direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of Schools and Public Lands and the Department of Game, Fish, and Parks of the State of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Public Broadcasting Financial
Independence and Family Viewing Act of 1995''.
SEC. 2. FAMILY VIEWING.
Section 396(g)(1)(A) of title 47 is amended by inserting between
the words ``which'' and ``are'' the following new language ``are
suitable for family viewing throughout the broadcast day and which''.
SEC. 3. USE OF FEDERAL FUNDS.
A new section 396(k)(1)(F) to title 47 is added as follows:
``(F) No Federal funds shall be used to broadcast
any program which is indecent or to broadcast any
dramatic program which includes nudity.''.
SEC. 4. PUBLIC INTEREST.
Section 396(a) of title 47 is amended by adding the following new
subsection:
``(11) It is in the public interest what public
broadcasting provide educational, cultural, informational and
entertaining programming which is suitable for family
viewing.''.
SEC. 5. SPECTRUM FLEXIBILITY.
The Commission shall adopt regulations which would allow public
broadcast license holders to make use of their broadcast spectrum for
the transmission of ancillary and supplementary services, so long as
the licensees provide without charge at least one schedule of public
broadcast programming. In permitting such use, the Commission shall
assure thorough regulation or license terms that--
(1) the proceeds, if any from such ancillary and
supplementary use go to the exclusive benefit of public
broadcasting;
(2) public broadcast licensees do not lessen their existing
commitment or level of effort to public broadcasting; and
(3) to the extent such spectrum is used for a purpose other
than public broadcasting, fees charged for such use shall be at
market rates.
SEC. 6. SCHEDULE FLEXIBILITY.
The Commission shall adopt regulations which would allow public
broadcast license holders to utilize their broadcast schedule between
the hours of 1 a.m. and 6 a.m. to provide on a leased basis non-public
broadcast programming for a fee or for public broadcast license holders
to provide commercially sponsored programming provided that--
(1) the proceeds from such use go to the exclusive benefit
of public broadcasting;
(2) public broadcast licensees do not lessen their existing
commitment or level of effort to public broadcasting; and
(3) to the extent such use is for a purpose other than
public broadcasting, fees charged for such use shall be at
market rates.
SEC. 7. ENHANCED UNDERWRITING.
(a) Section 399(a) of title 47 is amended--
(1) by striking the word ``exclusive'' in subsection (a);
and
(2) by inserting before the period: ``through a call to
action, an inducement to buy, sell, rent, or lease, or the
provision of price information''.
(b) Section 399B(a) of title 47 is amended--
(1) by inserting: ``through a call to action inducement to
buy, sell, rent, or lease or the provision of price
information'' after the word ``promote.''; and
(2) by inserting: ``when such offering is other than an
educational or cultural event sponsored in part by a qualified
public broadcasting station, or producer or distributor of
programming for public broadcast stations'' after the word
``profit''.
SEC. 8. SATELLITE, COMMON CARRIER AND OTHER FORMS OF PROGRAM
DISTRIBUTION.
Public Broadcasting programming may be distributed to viewers by
means of satellite, common carrier, or other form of telecommunications
technology for a fee provided that the proceeds from such distribution
go to the exclusive benefit of public broadcasting.
SEC. 9. FREQUENCY EXCHANGE.
The Commission may approve an exchange of frequencies between a
public broadcaster and a commercial broadcaster, when the proceeds from
such exchange are dedicated to the benefit of the national public
broadcasting system.
SEC. 10. ANCILLARY INCOME.
The Board of Directors of the Corporation for Public Broadcasting,
and the Public Broadcasting System shall ensure that to the greatest
extent possible agreements for programming include a provision to
assure that public broadcasting share in benefits from the sale of any
ancillary products, books, recordings, toys, character licencing or
other products related to the broadcast of such programming.
SEC. 11. GAO REVIEW.
The General Accounting Office shall conduct a review of the
operations of the Corporation of Public Broadcasting, the Public
Broadcasting System, Public Broadcasters and their program and other
contractors. These entities shall make their records and accounts
available to the General Accounting Office for review. The General
Accounting Office shall protect proprietary information. Within one
year of the date of enactment of this Act, the General Accounting
Office shall report to the Congress its recommendations for improving
the efficiency, and self-sufficiency of public broadcasting.
SEC. 12. FEASIBILITY OF MERGER WITH INTERNATIONAL BROADCASTING.
The General Accounting Office shall conduct a feasibility study of
merging or coordinating public broadcasting operations and facilities
or portions of operations and facilities with the international
broadcasting operations of the United States Government.
SEC. 13. EDUCATIONAL RATES.
Public broadcast licensees shall qualify for interstate and
intrastate educational telecommunications service rates to the extent
such rates are available and to the extent such telecommunications
services are used for the purpose of providing public broadcasting. | Public Broadcasting Financial Independence and Family Viewing Act of 1995 - Amends the Communications Act of 1934 to require that public telecommunications programs under the purview of the Corporation for Public Broadcasting be suitable for family viewing throughout the broadcast day.
(Sec. 3) Prohibits Federal funds from being used to broadcast any program which is indecent or any dramatic program which includes nudity.
(Sec. 4) Declares that it is in the public interest that public broadcasting provide educational, cultural, informational, and entertaining programming which is suitable for family viewing.
(Sec. 5) Requires the Federal Communications Commission to adopt regulations which would allow public broadcast license holders, under specified conditions, to: (1) make use of their broadcast spectrum for the transmission of ancillary and supplementary services if the licensees provide at least one free schedule of public broadcast programming; and (2) utilize their broadcast schedule between 1 a.m. and 6 a.m. to provide on a leased basis non-public broadcast programming for a fee or to provide commercially sponsored programming.
(Sec. 7) Revises advertising restrictions to permit a public broadcast station to advertise an offering that is an educational or cultural event sponsored in part by a qualified public broadcasting station or producer or distributor of programming for public broadcast stations.
(Sec. 8) Allows Public Broadcasting programming to be distributed to viewers by means of satellite, common carrier, or other forms of telecommunications technology for a fee provided that the proceeds from such distribution go to the exclusive benefit of public broadcasting.
(Sec. 9) Authorizes the Commission to approve an exchange of frequencies between a public broadcaster and a commercial broadcaster when the proceeds from such exchange are dedicated to the benefit of the national public broadcasting system.
(Sec. 10) Requires the Board of Directors of the Corporation and the Public Broadcasting System (PBS) to ensure that agreements for programming include a provision to assure that public broadcasting share in benefits from the sale of any ancillary products, books, recordings, toys, character licensing, or other products related to the broadcast of such programming.
(Sec. 11) Requires the General Accounting Office to: (1) review the operations of the Corporation, PBS, Public Broadcasters and their program, and other contractors and make recommendations to the Congress for improving the efficiency and self-sufficiency of public broadcasting; and (2) conduct a feasibility study of merging or coordinating public broadcasting operations and facilities or portions of such with Federal international broadcasting operations.
(Sec. 13) Qualifies public broadcast licensees for interstate and intrastate educational telecommunications service rates to the extent such rates are available and to the extent such services are used to provide public broadcasting. | Public Broadcasting Financial Independence and Family Viewing Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pornography Victims Protection Act
of 1993''.
SEC. 2. SECTION 2251 AMENDMENTS.
Section 2251 of title 18, United States Code, is amended--
(1) in subsection (a), by striking out ``subsection (d)''
and inserting in lieu thereof ``subsection (e)'' and by
inserting before the period at the end thereof the following:
``or if such person knows or has reason to know that the minor
was transported in interstate or foreign commerce for the
purpose of producing any such visual depiction of such
conduct'';
(2) in subsection (b), by striking out ``subsection (d)''
and inserting in lieu thereof ``subsection (e)'' and by
inserting before the period at the end thereof the following:
``or if such person knows or has reason to know that the minor
was transported in interstate or foreign commerce for the
purpose of producing any such visual depiction of such
conduct'';
(3) by inserting immediately after subsection (b) the
following:
``(c)(1) Any person who coerces, intimidates, or fraudulently
induces an individual 18 years or older to engage in any sexually
explicit conduct for the purpose of producing any visual depiction of
such conduct shall be punished as provided under subsection (e), if
such person knows or has reason to know that such visual depiction will
be transported in interstate or foreign commerce or mailed, if such
visual depiction has actually been transported in interstate or foreign
commerce or mailed, or if such person knows or has reason to know that
the individual 18 years or older was transported in interstate or
foreign commerce for the purpose of producing any such visual depiction
of such conduct.
``(2) Proof of one or more of the following facts or conditions
shall not, without more, negate a finding of coercion under this
subsection:
``(A) that the person is or has been a prostitute;
``(B) that the person is connected by blood or marriage to
anyone involved in or related to the making of the pornography;
``(C) that the person has previously had, or been thought
to have had, sexual relations with anyone, including anyone
involved in or related to the making of the pornography;
``(D) that the person has previously posed for sexually
explicit pictures for or with anyone, including anyone involved
in or related to the making of the pornography at issue;
``(E) that anyone else, including a spouse or other
relative, has given permission on the person's behalf;
``(F) that the person actually consented to a use of the
performance that is changed into pornography;
``(G) that the person knew that the purpose of the acts or
events in question was to make pornography;
``(H) that the person signed a contract to produce
pornography; or
``(I) that the person was paid or otherwise compensated.'';
(4) in subsection (c), by striking out ``(c)'' and
inserting in lieu thereof ``(d)'';
(5) in subsection (d), by striking out ``(d)'' and
inserting in lieu thereof ``(e)''; and
(6) by amending the heading to read as follows:
``Sec. 2251. Sexual exploitation''.
SEC. 3. CIVIL REMEDIES AND PROCEDURE.
(a) Modification of Existing Civil Remedies.--Section 2255 of title
18, United States Code, is amended to read as follows:
``Sec. 2255. Civil remedies.
``(a) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of section 2251 of this
title by issuing appropriate orders, including--
``(1) ordering any person to divest himself of any
interest, direct or indirect, in any legal or business entity;
``(2) imposing reasonable restrictions on the future
activities or investments of any person including prohibiting
such person from engaging in the same type of legal or business
endeavor; or
``(3) ordering dissolution or reorganization of any legal
or business entity after making due provision for the rights of
innocent persons.
``(b) The Attorney General or any person threatened with loss or
damage by reason of a violation of section 2251 of this title may
institute proceedings under subsection (a) of this section and, in the
event that the party bringing suit prevails, such party shall recover
the cost of the suit, including a reasonable attorney's fee. Pending
final determination, the court may at any time enter such restraining
orders or prohibitions, or take such other actions, including the
acceptance of satisfactory performance bonds, as it shall deem proper.
For purposes of this section, a violation of section 2251 of this title
shall be determined by a preponderance of the evidence.
``(c) Any victim of a violation of section 2251 of this title who
suffers physical injury, emotional distress, or property damage as a
result of such violation may sue to recover damages in any appropriate
United States district court and shall recover threefold the damages
such person sustains as a result of such violation and the cost of the
suit, including a reasonable attorney's fee. For purposes of this
section, a violation of section 2251 of this title shall be determined
by a preponderance of the evidence.
``(d) A final judgment or decree rendered in favor of the United
States in any criminal proceeding brought by the United States under
this chapter shall estop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil proceeding.
``(e) Nothing in this section shall be construed to authorize any
order restraining the exhibition, distribution or dissemination of any
visual material without a full adversary proceeding and a final
judicial determination that such material contains a visual depiction
of sexually explicit conduct, engaged in by a minor or by a person who
was coerced, intimidated, or fraudulently induced to engage in such
sexually explicit conduct.''.
(b) Additional Remedies and Procedure.--Chapter 110 of title 18,
United States Code, is amended by adding at the end the following:
``Sec. 2259. Civil penalties.
``(a) Any person found to violate section 2251 of this title by
preponderance of the evidence shall be liable to the United States
Government for a civil penalty of $100,000 and the forfeiture of any
interest in property described in section 2254. The Attorney General
may bring an action for recovery of any such civil penalty or
forfeiture against any such person. If the Attorney General prevails he
may also recover the cost of the suit, including a reasonable
attorney's fee.
``(b) If the identity of any victim of an offense provided in
section 2251 of this title is established before an award of a civil
penalty made to the United States under this section, the victim shall
be entitled to the award. If there is more than one victim, the court
shall apportion the award among the victims on an equitable basis after
considering the harm suffered by each such victim.
``Sec. 2260. Venue and process.
``(a) Any civil action or proceeding brought under this chapter may
be instituted in the district court of the United States for any
district in which the defendant resides, is found, has an agent, or
transacts his affairs.
``(b) In any action under section 2255 or 2259 of this title in any
district court of the United States in which it is shown that the ends
of justice require that other parties residing in any other district be
brought before the court, the court may cause such parties to be
summoned, and process for that purpose may be served in any judicial
district of the United States by the marshal of such judicial district.
``(c) In any civil or criminal action or proceeding under this
chapter in the district court of the United States for any judicial
district, a subpoena issued by such court to compel the attendance of
witnesses may be served in any other judicial district except that no
subpoena shall be issued for service upon any individual who resides in
another district at a place more than one hundred miles from the place
at which such court is held without approval given by a judge of such
court upon a showing of good cause.
``(d) All other process in any action or proceeding under this
chapter may be served on any person in any judicial district in which
such person resides, is found, has an agent, or transacts his affairs.
``Sec. 2261. Expedition of actions.
``In any civil action instituted under this chapter by the United
States in any district court of the United States, the Attorney General
may file with the clerk of such court a certificate stating that in his
opinion the case is of general public importance. A copy of that
certificate shall be furnished immediately by such clerk to the chief
judge or in his absence to the presiding district judge of the district
in which such action is pending. Upon receipt of such copy, such judge
shall designate immediately a judge of that district to hear and
determine the action. The judge designated to hear and determine the
action shall assign the action for hearing as soon as practicable and
hold hearings and make a determination as expeditiously as possible.
``Sec. 2262. Evidence.
``In any proceeding ancillary to or in any civil action instituted
under this chapter the proceedings may be opened or closed to the
public at the discretion of the court after consideration of the rights
of affected persons.
``Sec. 2263. Limitations.
``A civil action under section 2255 or 2259 of this title must be
brought within six years from the date the violation is committed. In
any such action brought by or on behalf of a person who was a minor at
the date the violation was committed, the running of such six-year
period shall be deemed to have been tolled during the period of such
person's minority.''.
SEC. 5. CLERICAL AMENDMENT.
(a) Table of Sections.--The table of sections for chapter 110 of
part I of title 18, United States Code, is amended to read as follows:
``CHAPTER 110--SEXUAL EXPLOITATION
``Sec.
``2251. Sexual exploitation.
``2252. Selling or buying of children.
``2253. Criminal forfeiture.
``2254. Civil forfeiture.
``2255. Civil remedies.
``2256. Definitions for chapter.
``2257. Record keeping requirements.
``2258. Failure to report child abuse.
``2259. Civil penalties.
``2260. Venue and process.
``2261. Expedition of actions.
``2262. Evidence.
``2263. Limitations.''.
(b) Table of Chapters.--The table of chapters for part I of title
18, United States Code, is amended by striking the item relating to
chapter 110 and inserting in lieu thereof the following:
``110. Sexual Exploitation.................................. 2251''. | Pornography Victims Protection Act of 1993 - Amends the Federal criminal code with respect to the prohibition against the sexual exploitation of children to add as a condition triggering Federal penalties that the person concerned knows that a minor was transported in interstate or foreign commerce for the purpose of producing pornography.
Makes it a criminal offense for any person to coerce, intimidate, or fraudulently induce an individual 18 years or older to engage in any sexually explicit conduct for the purposes of producing any visual depiction of such conduct.
Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Authorizes the Attorney General or any person threatened with loss or damage by such conduct to institute a civil suit. Provides for treble damages for a victim who suffers physical injury, emotional distress, or property damage.
Imposes civil penalties for violation of the prohibition against sexual exploitation of children. | Pornography Victims Protection Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Employment, Training and
Related Services Demonstration Act Amendments of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Indian tribes and Alaska Native organizations that have
participated in carrying out programs under the Indian
Employment, Training and Related Services Demonstration Act of
1992 (25 U.S.C. 3401 et seq.) have--
(A) improved the effectiveness of services provided
by those tribes and organizations;
(B) enabled more American Indians to secure
employment;
(C) assisted welfare recipients who are American
Indians; and
(D) otherwise demonstrated the value of integrating
education, employment, and training services;
(2) the initiative under the Indian Employment, Training
and Related Services Demonstration Act of 1992 should be
strengthened by ensuring that all programs that emphasize the
value of work may be included within a demonstration program of
an Indian tribe or Alaska Native organization;
(3) the initiative under the Indian Employment, Training
and Related Services Demonstration Act of 1992 shares goals and
innovative approaches of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.);
(4) the programs referred to in paragraph (2) should be
implemented by the Office of Self-Governance of the Department
of the Interior, the unit within the Department of the Interior
that is responsible for carrying out self-governance programs
under the Indian Self-Determination and Education Assistance
Act; and
(5) the initiative under the Indian Employment, Training
and Related Services Demonstration Act of 1992 should have the
benefit of the support and attention of the officials of--
(A) the Department of the Interior; and
(B) other Federal agencies with policymaking
authority with respect to programs that emphasize the
value of work for American Indians and Alaska Natives.
SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND RELATED
SERVICES DEMONSTRATION ACT OF 1992.
(a) Definitions.--Section 3 of the Indian Employment, Training and
Related Services Demonstration Act of 1992 (25 U.S.C. 3402) is
amended--
(1) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(2) by inserting before paragraph (2), as so redesignated
by paragraph (1) of this subsection, the following:
``(1) Federal agency.--The term `Federal agency' has the
same meaning given the term `agency' in section 551(1) of title
5, United States Code.''.
(b) Programs Affected.--Section 5 of the Indian Employment,
Training and Related Services Demonstration Act of 1992 (25 U.S.C.
3404) is amended--
(1) by inserting ``(a) In General.--'' before ``The
programs'';
(2) in subsection (a), as designated by paragraph (1) of
this subsection, by striking ``employment opportunities, or
skill development'' and all that follows through the end of the
subsection, and inserting ``securing employment, retaining
employment, or creating employment opportunities or other
programs relating to employment.''; and
(3) by adding at the end the following:
``(b) Programs.--The programs referred to in subsection (a) may
include, at the option of an Indian tribe--
``(1) the program commonly referred to as the general
assistance program established under the Act of November 2,
1921 (commonly known as the `Snyder Act') (42 Stat. 208,
chapter 115; 25 U.S.C. 13); and
``(2) the program known as the Johnson-O'Malley Program
established under the Johnson-O'Malley Act (25 U.S.C. 452
through 457), if the applicable plan for the Indian tribe under
section 4 includes educational services for elementary and
secondary school students that familiarize those students with
aspects of employment.''.
(c) Plan Review.--Section 7 of the Indian Employment, Training and
Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is
amended--
(1) by striking ``Federal department'' and inserting
``Federal agency'';
(2) by striking ``Federal departmental'' and inserting
``Federal agency'';
(3) by striking ``department'' each place it appears and
inserting ``agency''; and
(4) in the third sentence, by inserting ``statutory
requirement,'' after ``to waive any''.
(d) Plan Approval.--Section 8 of the Indian Employment, Training
and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is
amended--
(1) in the first sentence, by inserting before the period
the following: ``(including any request for a waiver that is
made as part of the plan submitted by the tribal government)'';
and
(2) in the second sentence, by inserting before the period
the following: ``, including reconsidering the disapproval of
any waiver requested by the Indian tribe''.
(e) Job Creation Activities.--Section 9 of the Indian Employment,
Training and Related Services Demonstration Act of 1992 (25 U.S.C.
3408) is amended--
(1) by inserting ``(a) In General.--'' before ``The plan
submitted''; and
(2) by adding at the end the following:
``(b) Employment Opportunities.--
``(1) In general.--Notwithstanding any other provision of
law, including any requirement of a program that is integrated
under a plan under this Act, a tribal government may use funds
made available to an Indian tribe by a Federal agency under a
statutory or administrative formula for the creation of
employment opportunities, including providing private sector
training placement under section 10.
``(2) Determination of percentage.--The percentage of funds
that a tribal government may use under this subsection is the
greater of--
``(A) the rate of unemployment in the area subject
to the jurisdiction of the tribal government; or
``(B) 10 percent.''.
(f) Federal Responsibilities.--Section 11(a) of the Indian
Employment, Training and Related Services Demonstration Act of 1992 (25
U.S.C. 3410(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Bureau of Indian Affairs'' and inserting ``Office of Self-
Governance'';
(2) in paragraph (3), by striking ``and'';
(3) in paragraph (4)--
(A) by inserting ``delivered under an arrangement
subject to the approval of the Indian tribe
participating in the project,'' after ``appropriate to
the project,''; and
(B) by striking the period and inserting ``; and'';
and
(4) by adding at the end the following:
``(5) the convening by an appropriate official of the lead
agency (whose appointment is subject to the confirmation of the
Senate) and a representative of the Indian tribes that carry
out demonstration projects under this Act, in consultation with
each such Indian tribe, of a meeting not less than 2 times
during each fiscal year for the purpose of providing an
opportunity for all Indian tribes that carry out demonstration
projects under this Act to discuss with officials of each
department specified in subsection (a) issues relating to the
implementation of this Act.''.
(g) Additional Responsibilities.--In assuming the responsibilities
for carrying out the duties of a lead agency under section 11(a) of the
Indian Employment, Training and Related Services Demonstration Act of
1992 (25 U.S.C. 3410(a)) pursuant to the amendments made to that
section by subsection (f) of this section, the Director of the Office
of Self-Governance of the Department of the Interior shall ensure that
an orderly transfer of those lead agency functions to the Office occurs
in such a manner as to eliminate any potential adverse effects on any
Indian tribe that participates in a demonstration project under the
Indian Employment, Training and Related Services Demonstration Act of
1992 (25 U.S.C. 3401 et seq.).
(h) Personnel.--In carrying out the amendment made by subsection
(f)(1), the Secretary of the Interior shall transfer from the Bureau of
Indian Affairs to the Office of Self-Governance of the Department of
the Interior such personnel and resources as the Secretary determines
to be appropriate.
(i) Deadline for Transfer of Functions.--The transfer of functions
to the Office of Self-Governance of the Department of the Interior
required by the amendment made by section 3(f)(1) shall be carried out
not later than 90 days after the date of enactment of this Act.
SEC. 4. CONSOLIDATED ADVISORY COMMITTEES.
The Indian Employment, Training and Related Services Demonstration
Act of 1992 (25 U.S.C. 3401 et seq.) is amended by adding at the end
the following:
``SEC. 19. CONSOLIDATED ADVISORY COMMITTEE.
``(a) In General.--The head of each Federal agency specified in
section 4 that otherwise has jurisdiction over a program that is
integrated under this Act (in accordance with a plan under section 6)
shall permit a tribal government that carries out that plan to
establish a consolidated advisory committee to carry out the duties of
each advisory committee that would otherwise be required under
applicable law (including any council or commission relating to private
industry) to carry out the programs integrated under the plan.
``(b) Waivers.--As necessary to carry out subsection (a), each
agency head referred to in that subsection shall waive any statutory
requirement, regulation, or policy requiring the establishment of an
advisory committee (including any advisory commission or council).''.
SEC. 5. ALASKA REGIONAL CONSORTIA.
The Indian Employment, Training and Related Services Demonstration
Act of 1992 (25 U.S.C. 3401 et seq.), as amended by section 4 of this
Act, is amended by adding at the end the following:
``SEC. 20. ALASKA REGIONAL CONSORTIA.
``(a) In General.--Notwithstanding any other provision of law,
subject to subsection (b), the Secretary shall permit a regional
consortium of Alaska Native villages or regional or village
corporations (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)) to carry out a project
under a plan that meets the requirements of this Act through a
resolution adopted by the governing body of that consortium or
corporation.
``(b) Withdrawal.--Nothing in subsection (a) is intended to
prohibit an Alaska Native village or regional or village corporation
from withdrawing from participation in any portion of a program
conducted pursuant to that subsection.''. | Indian Employment, Training and Related Services Demonstration Act Amendments of 1998 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to: (1) revise requirements regarding affected programs to include programs for securing employment, retaining employment, or creating employment opportunities or other programs relating to employment and permits such programs to include, at the option of a tribe, the general assistance program established under the Snyder Act and the Johnson-O'Malley Program established under the Johnson-O'Malley Act, if a tribe's plan includes educational services that familiarize elementary and secondary school students with aspects of employment; (2) require the Secretary of the Interior to reconsider disapproval of any statutory waiver requested by a tribe; (3) authorize the use of a percentage of funds made available by a Federal agency under a statutory or administrative formula for the creation of employment opportunities; and (4) transfer Federal responsibility for demonstration programs under the Act from the Bureau of Indian Affairs (BIA) to the Office of Self-Governance (OSG) of the Department of the Interior and provide for the transfer of personnel and resources from BIA to OSG.
Permits a regional consortium of Alaska Native villages or regional or village corporations to carry out a project under a plan that meets the Act's requirements through a resolution adopted by the governing body of that consortium or corporation. Provides that such authorization shall not prohibit such a village or corporation from withdrawing from participation in any portion of a program. | Indian Employment, Training and Related Services Demonstration Act Amendments of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equifax Consumer Protection and Data
Empowerment Act of 2018''.
SEC. 2. CREDIT LOCKS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B (15 U.S.C. 1681c-2)
the following:
``SEC. 605C. PROTECTION OF CREDIT INFORMATION OF CONSUMERS.
``(a) Secure, Convenient, Accessible, and Cost-Free File Locks for
Consumers.--
``(1) In general.--Subject to paragraph (2), each consumer
reporting agency described in section 603(p) shall provide to
any consumer a secure, convenient, accessible, and cost-free
method that, with the express authorization of the consumer,
allows that consumer reporting agency to release, or prevents
that consumer reporting agency from releasing, any information
in the file of the consumer for the purpose of--
``(A) the marketing or extension of credit or
insurance; or
``(B) opening any financial account.
``(2) Prohibitions.--With respect to the method described
in paragraph (1)--
``(A) the method may not be used by the consumer
reporting agency that provides the method, or by any
other person, to collect any information on a consumer
that is not necessary for the purposes of preventing
the release of information described in that paragraph;
``(B) no information collected under the method may
be used for any purpose other than a purpose described
in subparagraph (A);
``(C) in offering the method, a credit reporting
agency described in section 603(p) may not require a
consumer to--
``(i) waive any rights of the consumer; or
``(ii) indemnify the credit reporting
agency with respect to any liabilities that
arise from offering the method; and
``(D) the method may not be used by any person to
market or advertise any product or service.
``(3) Release of information.--Nothing in this subsection
shall affect the ability of a person with whom a consumer has
an account, contract, or debtor-creditor relationship to obtain
information regarding the consumer for the purposes of
reviewing the account or collecting on the account.
``(b) Regulations.--Not later than 18 months after the date of
enactment of this section, the Bureau shall prescribe regulations
carrying out this section.''.
(b) Table of Contents Amendment.--The table of contents for the
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by
inserting after the item relating to section 605B the following:
``605C. Protection of credit information of consumers.''.
SEC. 3. PERMISSIBLE PURPOSES OF CREDIT REPORTS; DISCLOSURE TO
CONSUMERS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended--
(1) in section 604 (15 U.S.C. 1681b)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``Subject to
subsection (c), any'' and inserting
``Any''; and
(II) by striking ``a consumer
report'' and inserting ``information
from the file of a consumer'';
(ii) in paragraph (3)--
(I) by striking subparagraphs (A)
and (C);
(II) by redesignating subparagraph
(B) as subparagraph (A);
(III) by redesignating
subparagraphs (D) through (G) as
subparagraphs (B) through (E),
respectively; and
(IV) in subparagraph (D), as so
redesignated, by striking
``information--'' and all that follows
through the period at the end of clause
(ii) and inserting the following:
``information to review an account to
determine whether the consumer
continues to meet the terms of the
account; or''; and
(iii) by adding at the end the following:
``(7) Pursuant to the express authorization of a consumer,
subject to the method provided under section 605C(a) in the
case of a consumer reporting agency described in section
603(p).'';
(B) by striking subsection (c); and
(C) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively;
(2) in section 609(a)(1) (15 U.S.C. 1681g(a)(1)), by
striking ``request, except that--'' and all that follows
through the period at the end of subparagraph (B) and inserting
the following: ``request, without regard to whether the
information is held by a parent, subsidiary, or affiliate of
the consumer reporting agency.'';
(3) in section 612(a)(1)(A) (15 U.S.C. 1681j(a)(1)(A)), by
striking ``once during any 12-month period''; and
(4) in section 615 (15 U.S.C. 1681m)--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively.
(b) Regulations.--Not later than 18 months after the date of
enactment of this Act, the Bureau of Consumer Financial Protection
shall issue regulations carrying out section 609(a)(1) of the Fair
Credit Reporting Act (15 U.S.C. 1681g(a)(1)), as amended by subsection
(a)(2).
(c) Technical and Conforming Amendments.--
(1) Consumer financial protection act of 2010.--Section
1002(12)(F) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5481(12)(F)) is amended--
(A) by striking ``615(e)'' and inserting
``615(d)''; and
(B) by striking ``1681m(e)'' and inserting
``1681m(d)''.
(2) Fair credit reporting act.--The Fair Credit Reporting
Act (15 U.S.C. 1681 et seq.) is amended--
(A) in section 603 (15 U.S.C. 1681a)--
(i) in subsection (d)(3), in the matter
preceding subparagraph (A), by striking
``section 604(g)(3)'' and inserting ``section
604(f)(3)''; and
(ii) in subsection (k)(1)(B)--
(I) in clause (iii), by striking
``section 604(a)(3)(D)'' and inserting
``section 604(a)(3)(B)''; and
(II) in clause (iv)(I), by striking
``section 604(a)(3)(F)(ii)'' and
inserting ``section 604(a)(3)(D)'';
(B) in section 621 (15 U.S.C. 1681s)--
(i) in subsection (b)(1), in the matter
preceding subparagraph (A), by striking
``persons who furnish information to such
agencies, and users of information that are
subject to section 615(d)'' and inserting ``and
persons who furnish information to such
agencies''; and
(ii) in subsection (e)(1), in the first
sentence, by striking ``615(e)'' and inserting
``615(d)'';
(C) in section 623(c)(3) (15 U.S.C. 1681s-2(c)(3)),
by striking ``subsection (e)'' and inserting
``subsection (d)''; and
(D) in section 625(b) (15 U.S.C. 1681t(b))--
(i) in paragraph (1)--
(I) in subparagraph (A), by
striking ``subsection (c) or (e) of
section 604'' and inserting ``section
604(d)'';
(II) by striking subparagraph (D);
(III) by redesignating
subparagraphs (E) through (I) as
subparagraphs (D) through (H),
respectively; and
(IV) in subparagraph (H), as so
redesignated, by striking ``section
615(h)'' and inserting ``section
615(g)''; and
(ii) in paragraph (5)(F), by striking
``(e), (f), and (g)'' and inserting ``(d), (e),
and (f)''.
SEC. 4. ENHANCEMENT OF FRAUD ALERT PROTECTIONS.
(a) In General.--Section 605A of the Fair Credit Reporting Act (15
U.S.C. 1681c-1) is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (h) as
subsections (a) through (g), respectively;
(3) in subsection (a), as so redesignated--
(A) in the subsection heading, by striking
``Extended'' and inserting ``Fraud''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``submits an identity theft
report'' and inserting ``asserts in good faith
a suspicion that the consumer has been or is
about to become a victim of fraud or related
crime, including identity theft, or has been or
will be harmed by the unauthorized disclosure
of the financial or personally identifiable
information of the consumer,'';
(ii) in subparagraph (A), by striking ``7-
year'' and inserting ``10-year'';
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraph (C) as
subparagraph (B);
(v) in subparagraph (B), as so
redesignated--
(I) by striking ``extended''; and
(II) by striking the period at the
end and inserting ``; and''; and
(vi) by adding at the end the following:
``(C) upon the expiration of the period described
in subparagraph (A), or a subsequent 10-year period,
and in response to a direct request by the consumer or
such representative, continue the fraud alert for an
additional period of 10 years if the consumer or such
representative submits an identity theft report.'';
(4) in subsection (b), as so redesignated--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (1) and (3) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly;
(C) in the matter preceding subparagraph (A), as so
redesignated, by striking ``Upon the direct request''
and inserting the following:
``(1) In general.--Upon the direct request''; and
(D) by adding at the end the following:
``(2) Access to free reports.--If a consumer reporting
agency includes an active duty alert in the file of an active
duty military consumer, the consumer reporting agency shall--
``(A) disclose to the active duty military consumer
that the active duty military consumer may request a
free copy of the file of the active duty military
consumer under section 612(d) during each 1-year period
beginning on the date on which the activity duty
military alert is requested and ending on the date of
the last day that the active duty alert applies to the
file of the active duty military consumer; and
``(B) not later than 3 business days after the date
on which the active duty military consumer makes a
request described in subparagraph (A), provide to the
active duty military consumer all disclosures required
to be made under section 609, without charge to the
active duty military consumer.'';
(5) by amending subsection (c), as so redesignated, to read
as follows:
``(c) Procedures.--Each consumer reporting agency described in
section 603(p) shall establish and make available to the public on the
Internet website of the consumer reporting agency policies and
procedures to comply with this section, including policies and
procedures--
``(1) that inform consumers of the availability of fraud
alerts, active duty alerts, or the method provided under
section 605C(a), as applicable;
``(2) that allow consumers to request fraud alerts and
active duty alerts in a simple and easy manner; and
``(3) for asserting in good faith a suspicion that the
consumer has been or is about to become a victim of fraud or
related crime, including identity theft, or has been or will be
harmed by the unauthorized disclosure of the financial or
personally identifiable information of the consumer, for a
consumer requesting a fraud alert.'';
(6) in subsection (d), as so redesignated, by striking
paragraphs (1), (2), and (3) and inserting the following:
``(1) paragraphs (1)(A), (1)(C), and (2) of subsection (a),
in the case of a referral under subsection (a)(1)(B); and
``(2) subsection (b)(1)(A), in the case of a referral under
subsection (b)(1)(B).'';
(7) in subsection (f), as so redesignated, by inserting
``or has been or will be harmed by the unauthorized disclosure
of the financial or personally identifiable information of the
consumer,'' after ``identity theft,''; and
(8) in subsection (g), as so redesignated--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``initial'' and inserting ``fraud alerts'';
(ii) in subparagraph (A), by striking
``initial''; and
(iii) in subparagraph (B)(i), by striking
``an initial'' and inserting ``a''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``extended'' and inserting ``fraud'';
(ii) in subparagraph (A), in the matter
preceding clause (i), by striking ``extended''
and inserting ``fraud''; and
(iii) in subparagraph (B), by striking ``an
extended'' and inserting ``a''.
(b) Technical and Conforming Amendment.--Section 612(d) of the Fair
Credit Reporting Act (15 U.S.C. 1681j(d)) is amended by striking
``subsections (a)(2) and (b)(2) of section 605A, as applicable'' and
inserting ``section 605A(a)(2)''. | Equifax Consumer Protection and Data Empowerment Act of 2018 This bill amends the Fair Credit Reporting Act to revise the consumer protection duties of consumer reporting agencies. Credit reporting agencies must provide a cost-free method for consumers to control the release of their information for certain purposes. The bill limits the purposes for which a consumer reporting agencies may provide a consumer's information to a third party. For example, consumer reporting agencies may not provide consumer information to a third party for a credit or insurance transaction not initiated by the consumer. The bill revises the requirements for fraud alerts provided by consumer reporting agencies, including by extending the length of all alerts to 10 years and expanding access to free reports. | Equifax Consumer Protection and Data Empowerment Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Accountability Act''.
SEC. 2. ACTS AFFECTING A PERSONAL FINANCIAL INTEREST OF THE PRESIDENT
OR VICE PRESIDENT OF THE UNITED STATES.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 208 the following:
``Sec. 208A. Acts affecting a personal financial interest of the
President or Vice President of the United States
``(a) Except as permitted by subsection (b) hereof, whoever, being
the President or Vice President of the United States, participates
personally and substantially, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise,
in a judicial or other proceeding, application, request for a ruling or
other determination, contract, claim, controversy, charge, accusation,
arrest, or other particular matter in which, to their knowledge, the
President or Vice President of the United States, their spouse, child,
general partner, organization in which they are serving as officer,
director, trustee, general partner or employee, or any person or
organization with whom they are negotiating or has any arrangement
concerning prospective employment, has a financial interest shall be
subject to the penalties set forth in section 216 of this title.
``(b) Subsection (a) shall not apply--
``(1) if the financial interest that would be affected by
the particular matter involved is held in a qualified blind
trust as defined by subsection (g); or
``(2) if the President or Vice President of the United
States first advises the Director of the Office of Government
Ethics of the nature and circumstances of the judicial or other
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge,
accusation, arrest, or other particular matter and makes full
disclosure of the financial interest and receives in advance a
written determination made by the Director of the Office of
Government Ethics that the interest is not so substantial as to
be deemed likely to affect the actions of the President or Vice
President or undermine the public's confidence in the integrity
of their office.
``(c) In the event that a national emergency necessitates the
President or Vice President taking any immediate action that affects
their personal financial interests prior to receiving an exemption
under subsection (b)(2), the President or Vice President shall, in
addition to the information required by subsection (b)(2), notify the
Director of the Office of Government Ethics of the circumstances
requiring action to be taken prior to the receipt of an exemption and
shall make a retroactive request for an exemption under subsection
(b)(2) within 48 hours of taking the action. The Director of the Office
of Government Ethics shall then make a written determination as to
whether an exemption under subsection (b)(2) would have been issued had
the President or Vice President requested an exemption prior to taking
the action. Should the Director of the Office of Government Ethics
determine that an exemption would not have been granted, the President
or Vice President shall, to the extent practicable, return, repay,
remit, or refund any benefit gained as a result of that action. Any
financial gains that cannot be repaid shall be gifted to reduce the
public debt pursuant to section 3113 of title 31, United States Code.
``(d) The Director of the Office of Government Ethics shall
complete the written determination required under subsection (b)(2) and
subsection (c) as soon as practicable, but in no event shall the
determination be made later than 10 days following a request for an
exemption. Any request for exemption under subsection (b)(2) and
subsection (c) not receiving a written determination within 10 days
will be deemed to have been denied.
``(e) A copy of any request for an exemption and a copy of any
determination made in response to a request for an exemption, including
exemptions under subsection (b)(2) or (c) and any determination deemed
to have been denied under subsection (d), shall be made available to
the public by the Office of Government Ethics within 10 days of the
receipt of a request for an exemption pursuant to procedures set forth
in section 105 of the Ethics in Government Act of 1978. In making such
determination available, the agency may withhold from disclosure any
information contained in the determination that would be exempt from
disclosure under section 552 of title 5.
``(f) A violation of subsection (a) shall constitute a high crime
and misdemeanor for the purposes of article II, section 4 of the United
States Constitution.
``(g) For the purposes of this section, the term `qualified blind
trust' shall include any trust in which the President or Vice President
of the United States, their spouse, or any child has a beneficial
interest in the principal or income, and which meets the following
requirements:
``(1) In general.--
``(A) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary
duties is a financial institution, an attorney, a
certified public accountant, a broker, or an investment
advisor who--
``(i) is independent of and not associated
with any interested party so that the trustee
or other person cannot be controlled or
influenced in the administration of the trust
by any interested party;
``(ii) is not and has not been an employee
of or affiliated with any interested party and
is not a partner of, or involved in any joint
venture or other investment with, any
interested party; and
``(iii) is not a relative of any interested
party.
``(B) Any officer or employee of a trustee or other
entity who is involved in the management or control of
the trust--
``(i) is independent of and not associated
with any interested party so that such officer
or employee cannot be controlled or influenced
in the administration of the trust by any
interested party;
``(ii) is not a partner of, or involved in
any joint venture or other investment with, any
interested party; and
``(iii) is not a relative of any interested
party.
``(2) Any asset transferred to the trust by an interested
party is free of any restriction with respect to its transfer
of sale unless such restriction is expressly approved in
writing by the Director of the Office of Government Ethics.
``(3) The trust instrument that establishes the trust
provides that--
``(A) except to the extent provided in subparagraph
(2) of this subsection, the trustee in the exercise of
his authority and discretion to manage and control the
assets of the trust shall not consult or notify any
interested party;
``(B) the trust shall not contain any asset the
holding of which by any interested party is prohibited
by any law or regulation;
``(C) the trustee shall promptly notify the
reporting individual and the Director of the Office of
Government Ethics when the holdings of any particular
asset transferred to the trust by any interested party
are disposed of or when the value of such holding is
less than $1,000;
``(D) the trust tax return shall be prepared by the
trustee or his designee, and such return and any
information relating thereto (other than the trust
income summarized in appropriated categories necessary
to complete an interested party's tax return), shall
not be disclosed to any interested party;
``(E) an interested party shall not receive any
report on the holdings and sources of income of the
trust, except a report at the end of each calendar
quarter with respect to the total cash value of the
interest of the interested party in the trust or the
net income or loss of the trust or any reports
necessary to enable the interested party to complete an
individual tax return required by law, but such report
shall not identify any asset or holding;
``(F) except for communications which solely
consist of requests for distributions of cash or other
unspecified assets of the trust, there shall be no
direct or indirect communication between the trustee
and an interested party with respect to the trust
unless such communication is in writing (a copy of
which shall be provided to the Director of the Office
of Government Ethics), and unless it relates only (i)
to the general financial interest and needs of the
interested party (including, but not limited to, an
interest in maximizing income or long-term capital
gain), (ii) to the notification of a trustee of a law
or regulation subsequently applicable to the reporting
individual which prohibits the interested party from
holding an asset, which notification directs that the
asset not be held by the trust, or (iii) to directions
to the trustee to sell all of an asset initially placed
in the trust by an interested party which in the
determination of the reporting individual creates a
conflict of interest or the appearance thereof due to
the subsequent assumption of duties by the reporting
individual; and
``(G) the interested parties shall make no effort
to obtain information with respect to the holdings of
the trust, including obtaining a copy of any trust tax
return filed or any information relating thereto except
as otherwise provided in this subsection.
``(4) The proposed trust instrument and the proposed
trustee are certified in writing by the Director of the Office
of Government Ethics to be in compliance with the requirements
of this section. The Director of the Office of Government
Ethics shall conduct an annual recertification of the trust
instrument and trustee to verify that they remain in compliance
with the requirements of this section. If at any time the
Director of the Office of Government Ethics determines that the
trust instrument or trustee are no longer in compliance with
requirements of this section, the Director of the Office of
Government Ethics shall notify the Committee on Oversight and
Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate, and provide written notification to the interested
parties that they are no longer eligible for an exemption under
subsection (b)(1) until the trust instrument and trustee are
recertified.
``(5) For the purposes of this subsection, `interested
party' means the President or Vice President of the United
States, their spouse, and any child; `reporting individual'
means the President or Vice President of the United States;
`broker' has the meaning set forth in section 3(a)(4) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
`investment adviser' includes any investment adviser who, as
determined under regulations prescribed by the Office of
Government Ethics, is generally involved in their role as such
an advisor in the management or control of trusts.
``(6) Any written certification or notification made
pursuant to subsection (g) shall be made available to the
public within 10 days of the certification or notification
being made.''.
(b) In General.--Section 216 of title 18, United States Code, is
amended--
(1) in subsection (a) by inserting ``208A,'' after
``208,'';
(2) in subsection (b) by inserting ``208A,'' after
``208,''; and
(3) in subsection (c) by inserting ``208A,'' after
``208,''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of title 18, United States Code, is amended by inserting
after ``Sec. 208. Acts affecting a personal financial interest.'' the
following new item:
``Sec. 208A. Acts affecting a personal financial interest of the
President or Vice President of the United
States.''.
SEC. 3. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT OF THE UNITED
STATES.
(a) In General.--Section 431 of title 18, United States Code, is
amended by inserting ``the President or Vice President of the United
States,'' after ``Whoever, being''. | Presidential Accountability Act This bill amends the federal criminal code to make it a crime for the President or Vice President to personally and substantially participate in official matters that affect their financial interests, unless the financial interests are held in a blind trust or the President or Vice President discloses the financial interests and receives an exemption. It imposes criminal penalties—a prison term, a fine, or both—on a President or Vice President who commits the offense. It also authorizes civil penalties and injunctions. Additionally, a violation constitutes a high crime and misdemeanor (i.e., grounds for impeachment) under Article II, Section 4 of the U.S. Constitution. Finally, the bill prohibits the President or Vice President from entering into contracts with the U.S. government. | Presidential Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Spill Prevention and Liability
Act of 2004''.
SEC. 2. DEFINITION OF RESPONSIBLE PARTY.
Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(32)) is amended by striking subparagraph (A) and inserting the
following:
``(A) Vessels.--
``(i) In general.--In the case of a vessel
other than a single-hull tank vessel, any
person that owns, operates, or demise charters
the vessel.
``(ii) Single-hull tank vessels.--In the
case of a single-hull tank vessel, any person
that--
``(I) owns, operates, or demise
charters the vessel; or
``(II) by contract or agreement,
through an agent, or otherwise,
arranges for the shipment in a single-
hull tank vessel of oil owned or
possessed by the person or any other
person.''.
SEC. 3. LIMITS ON LIABILITY.
(a) Increase in Liability Limits.--Section 1004(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``for a tank vessel, the greater
of--'' and inserting ``for a double-hull tank vessel,
after December 31, 2004, the greater of--'';
(B) in subparagraph (A), by striking ``$1,200'' and
inserting ``$2,400''; and
(C) in subparagraph (B)--
(i) in clause (i), by striking
``$10,000,000'' and inserting ``$20,000,000'';
and
(ii) in clause (ii), by striking
``$2,000,000'' and inserting ``$4,000,000'';
(2) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) for a single-hull tank vessel--
``(A) during the period beginning January 1, 2005,
and ending December 31, 2005, the greater of--
``(i) $2,400 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $20,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $4,000,000;
``(B) during the period beginning January 1, 2006,
and ending December 31, 2006, the greater of--
``(i) $3,600 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $30,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $6,000,000;
``(C) during the period beginning January 1, 2007,
and ending December 31, 2007, the greater of--
``(i) $4,800 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $40,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $8,000,000;
``(D) during the period beginning January 1, 2008,
and ending December 31, 2008, the greater of--
``(i) $6,000 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $50,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $10,000,000;
``(E) during the period beginning January 1, 2009,
and ending December 31, 2009, the greater of--
``(i) $7,200 per gross ton; or
``(ii)(I) in the case of a vessel of
greater than 3,000 gross tons, $60,000,000; or
``(II) in the case of a vessel of 3,000
gross tons or less, $12,000,000; and
``(F) after December 31, 2009, the maximum amount
permitted under the Constitution;'';
(4) in paragraph (3) (as redesignated by paragraph (2))--
(A) by striking ``$600'' and inserting ``$1,200'';
and
(B) by striking ``$500,000'' and inserting
``$1,000,000'';
(5) in paragraph (4) (as redesignated by paragraph (2)), by
striking ``$75,000,000'' and inserting ``$150,000,000''; and
(6) in paragraph (5) (as redesignated by paragraph (2)), by
striking ``$350,000,000'' and inserting ``$700,000,000''.
(b) Adjustment of Liability Limits.--Section 1004(d) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(d)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Deepwater ports and associated vessels.--The
Secretary may establish a limit of liability of less than
$700,000,000, but not less than $100,000,000, for the
transportation of oil by vessel to deepwater ports (as defined
in section 3 of the Deepwater Port Act of 1974 (33 U.S.C.
1502)).''; and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(c) Adjustment for Inflation.--Paragraph (2) of section 1004(d) of
the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)) (as redesignated by
subsection (b)(2)) is amended--
(1) by striking ``The President'' and inserting ``The
Secretary of the department in which the Coast Guard is
located, in consultation with the Administrator of the
Environmental Protection Agency and the Secretary of the
Interior,''; and
(2) by striking ``significant''.
SEC. 4. CARRIAGE OF LIQUID BULK DANGEROUS CARGOES.
(a) Conditions for Entry to Ports in the United States.--Section 9
of the Ports and Waterways Safety Act (33 U.S.C. 1228) is amended by
adding at the end the following:
``(c) Risk of Severe Harm.--Not later than January 1, 2006, the
Secretary of the department in which the Coast Guard is located shall
promulgate regulations under which the owner or operator of a port on
the navigable waters of the United States may, after December 31, 2009,
request the Secretary of the department in which the Coast Guard is
located to place restrictions on the entry into port of the shipment of
an individual tank vessel, or class of tank vessels, that presents a
risk of severe harm to the environment, economy, or public safety of
the port or port region.''.
(b) Inspection and Examination.--Section 3714(a) of title 46,
United States Code, is amended by adding at the end the following:
``(6) In addition to the inspections required under
paragraphs (1) and (2), each single-hull tank vessel that is
more than 15 years of age shall undergo an annual inspection in
accordance with the Condition Assessment Scheme of the Marine
Environment Protection Committee of the International Maritime
Organization, adopted by Resolution 94(46) on April 27, 2001,
as determined in accordance with regulations promulgated by the
Secretary.''.
SEC. 5. STUDY.
(a) Administration.--The Commandant of the Coast Guard shall offer
to enter into a contract with the National Academy of Sciences to
conduct a study to assess the total economic cost of oil spills, and
the types of costs resulting from oil spills, in the United States.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commandant of the Coast Guard shall submit to Congress a
report describing the results of the study.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on
January 1, 2005. | Oil Spill Prevention and Liability Act of 2004 - Amends the Oil Pollution Act of 1990 to double liability limits associated with oil spills for double-hull tank vessels, other vessels, offshore facilities (except deepwater ports), and onshore facilities and deepwater ports.
Gradually phases out (over six years) liability limits for single-hull vessels.
Authorizes the Secretary of the department in which the Coast Guard is operating to establish separate liability limits for the transportation of oil by vessel to deepwater ports.
Amends the Ports and Waterways Safety Act to require the Secretary to promulgate regulations under which port owners or operators may request that the Secretary place restrictions on the entry of tank vessel shipments presenting a risk of severe harm to the environment, economy, or public safety of the port or port region.
Requires single-hull tank vessels that are more than 15 years old to undergo annual inspections.
Directs the Commandant of the Coast Guard to contract with the National Academy of Sciences for a study assessing the total economic cost of oil spills, and the types of costs resulting from such spills, and to report the findings to Congress. | A bill to amend the Oil Pollution Act of 1990 to prevent oil spills and increase liability limits, and for other purposes. |
SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.
(a) Extension.--Section 208 of the Andean Trade Preference Act (19
U.S.C. 3206) is amended to read as follows:
``SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT.
``(a) In General.--No duty-free treatment or other preferential
treatment extended to beneficiary countries under this title shall--
``(1) remain in effect with respect to Colombia or Peru after
December 31, 2009;
``(2) remain in effect with respect to Ecuador after June 30,
2009, except that duty-free treatment and other preferential
treatment under this title shall remain in effect with respect to
Ecuador during the period beginning on July 1, 2009, and ending on
December 31, 2009, unless the President reviews the criteria set
forth in section 203, and on or before June 30, 2009, reports to
the Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives pursuant to subsection
(b) that--
``(A) the President has determined that Ecuador does not
satisfy the requirements set forth in section 203(c) for being
designated as a beneficiary country; and
``(B) in making that determination, the President has taken
into account each of the factors set forth in section 203(d);
and
``(3) remain in effect with respect to Bolivia after June 30,
2009, except that duty-free treatment and other preferential
treatment under this title shall remain in effect with respect to
Bolivia during the period beginning on July 1, 2009, and ending on
December 31, 2009, only if the President reviews the criteria set
forth in section 203, and on or before June 30, 2009, reports to
the Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives pursuant to subsection
(b) that--
``(A) the President has determined that Bolivia satisfies
the requirements set forth in section 203(c) for being
designated as a beneficiary country; and
``(B) in making that determination, the President has taken
into account each of the factors set forth in section 203(d).
``(b) Reports.--On or before June 30, 2009, the President shall
make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) and
report to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives on--
``(1) such determinations; and
``(2) the reasons for such determinations.''.
(b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of
such Act (19 U.S.C. 3203(b)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii)--
(i) in subclause (II), by striking ``6 succeeding 1-
year periods'' and inserting ``7 succeeding 1-year
periods''; and
(ii) in subclause (III)(bb), by striking ``and for the
succeeding 1-year period'' and inserting ``and for the
succeeding 2-year period''; and
(B) in clause (v)(II), by striking ``5 succeeding 1-year
periods'' and inserting ``6 succeeding 1-year periods''; and
(2) in subparagraph (E)(ii)(II), by striking ``December 31,
2008'' and inserting ``December 31, 2009''.
SEC. 2. EARNED IMPORT ALLOWANCE PROGRAM.
(a) In General.--Title IV of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act (Public
Law 109-53; 119 Stat. 495) is amended by adding at the end the
following:
``SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM.
``(a) Preferential Treatment.--
``(1) In general.--Eligible apparel articles wholly assembled
in an eligible country and imported directly from an eligible
country shall enter the United States free of duty, without regard
to the source of the fabric or yarns from which the articles are
made, if such apparel articles are accompanied by an earned import
allowance certificate that reflects the amount of credits equal to
the total square meter equivalents of fabric in such apparel
articles, in accordance with the program established under
subsection (b).
``(2) Determination of quantity of sme.--For purposes of
determining the quantity of square meter equivalents under
paragraph (1), the conversion factors listed in `Correlation: U.S.
Textile and Apparel Industry Category System with the Harmonized
Tariff Schedule of the United States of America, 2008', or its
successor publications, of the United States Department of
Commerce, shall apply.
``(b) Earned Import Allowance Program.--
``(1) Establishment.--The Secretary of Commerce shall establish
a program to provide earned import allowance certificates to any
producer or entity controlling production of eligible apparel
articles in an eligible country for purposes of subsection (a),
based on the elements described in paragraph (2).
``(2) Elements.--The elements referred to in paragraph (1) are
the following:
``(A) One credit shall be issued to a producer or an entity
controlling production for every two square meter equivalents
of qualifying fabric that the producer or entity controlling
production can demonstrate that it has purchased for the
manufacture in an eligible country of articles like or similar
to any article eligible for preferential treatment under
subsection (a). The Secretary of Commerce shall, if requested
by a producer or entity controlling production, create and
maintain an account for such producer or entity controlling
production, into which such credits may be deposited.
``(B) Such producer or entity controlling production may
redeem credits issued under subparagraph (A) for earned import
allowance certificates reflecting such number of earned credits
as the producer or entity may request and has available.
``(C) Any textile mill or other entity located in the
United States that exports qualifying fabric to an eligible
country may submit, upon such export or upon request, the
Shipper's Export Declaration, or successor documentation, to
the Secretary of Commerce--
``(i) verifying that the qualifying fabric was exported
to a producer or entity controlling production in an
eligible country; and
``(ii) identifying such producer or entity controlling
production, and the quantity and description of qualifying
fabric exported to such producer or entity controlling
production.
``(D) The Secretary of Commerce may require that a producer
or entity controlling production submit documentation to verify
purchases of qualifying fabric.
``(E) The Secretary of Commerce may make available to each
person or entity identified in the documentation submitted
under subparagraph (C) or (D) information contained in such
documentation that relates to the purchase of qualifying fabric
involving such person or entity.
``(F) The program shall be established so as to allow, to
the extent feasible, the submission, storage, retrieval, and
disclosure of information in electronic format, including
information with respect to the earned import allowance
certificates required under subsection (a)(1).
``(G) The Secretary of Commerce may reconcile discrepancies
in the information provided under subparagraph (C) or (D) and
verify the accuracy of such information.
``(H) The Secretary of Commerce shall establish procedures
to carry out the program under this section by September 30,
2008, and may establish additional requirements to carry out
the program.
``(c) Definitions.--For purposes of this section--
``(1) the term `appropriate congressional committees' means the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate;
``(2) the term `eligible apparel articles' means the following
articles classified in chapter 62 of the HTS (and meeting the
requirements of the rules relating to chapter 62 of the HTS
contained in general note 29(n) of the HTS) of cotton (but not of
denim): trousers, bib and brace overalls, breeches and shorts,
skirts and divided skirts, and pants;
``(3) the term `eligible country' means the Dominican Republic;
and
``(4) the term `qualifying fabric' means woven fabric of cotton
wholly formed in the United States from yarns wholly formed in the
United States and certified by the producer or entity controlling
production as being suitable for use in the manufacture of apparel
items such as trousers, bib and brace overalls, breeches and
shorts, skirts and divided skirts or pants, all the foregoing of
cotton, except that--
``(A) fabric otherwise eligible as qualifying fabric shall
not be ineligible as qualifying fabric because the fabric
contains nylon filament yarn with respect to which section
213(b)(2)(A)(vii)(IV) of the Caribbean Basin Economic Recovery
Act applies;
``(B) fabric that would otherwise be ineligible as
qualifying fabric because the fabric contains yarns not wholly
formed in the United States shall not be ineligible as
qualifying fabric if the total weight of all such yarns is not
more than 10 percent of the total weight of the fabric, except
that any elastomeric yarn contained in an eligible apparel
article must be wholly formed in the United States; and
``(C) fabric otherwise eligible as qualifying fabric shall
not be ineligible as qualifying fabric because the fabric
contains yarns or fibers that have been designated as not
commercially available pursuant to--
``(i) article 3.25(4) or Annex 3.25 of the Agreement;
``(ii) Annex 401 of the North American Free Trade
Agreement;
``(iii) section 112(b)(5) of the African Growth and
Opportunity Act;
``(iv) section 204(b)(3)(B)(i)(III) or (ii) of the
Andean Trade Preference Act;
``(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the
Caribbean Basin Economic Recovery Act; or
``(vi) any other provision, relating to determining
whether a textile or apparel article is an originating good
eligible for preferential treatment, of a law that
implements a free trade agreement entered into by the
United States that is in effect at the time the claim for
preferential treatment is made.
``(d) Review and Report.--
``(1) Review.--The United States International Trade Commission
shall carry out a review of the program under this section annually
for the purpose of evaluating the effectiveness of, and making
recommendations for improvements in, the program.
``(2) Report.--The United States International Trade Commission
shall submit to the appropriate congressional committees annually a
report on the results of the review carried out under paragraph
(1).
``(e) Effective Date and Applicability.--
``(1) Effective date.--The program under this section shall be
in effect for the 10-year period beginning on the date on which the
President certifies to the appropriate congressional committees
that sections A, B, C, and D of the Annex to Presidential
Proclamation 8213 (December 20, 2007) have taken effect.
``(2) Applicability.--The program under this section shall
apply with respect to qualifying fabric exported to an eligible
country on or after August 1, 2007.''.
(b) Clerical Amendment.--The table of contents for the Dominican
Republic-Central America-United States Free Trade Agreement
Implementation Act is amended by inserting after the item relating to
section 403 the following:
``Sec. 404. Earned import allowance program.''.
SEC. 3. AFRICAN GROWTH AND OPPORTUNITY ACT.
(a) In General.--Section 112 of the African Growth and Opportunity
Act (19 U.S.C. 3721) is amended--
(1) in subsection (b)(6)(A), by striking ``ethic'' in the
second sentence and inserting ``ethnic''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``, and subject to
paragraph (2),'';
(B) by striking paragraphs (2) and (3);
(C) in paragraph (4)--
(i) by striking ``Subsection (b)(3)(C)'' and inserting
``Subsection (b)(3)(B)''; and
(ii) by redesignating such paragraph (4) as paragraph
(2); and
(D) by striking paragraph (5) and inserting the following:
``(3) Definition.--In this subsection, the term `lesser
developed beneficiary sub-Saharan African country' means--
``(A) a beneficiary sub-Saharan African country that had a
per capita gross national product of less than $1,500 in 1998,
as measured by the International Bank for Reconstruction and
Development;
``(B) Botswana;
``(C) Namibia; and
``(D) Mauritius.''.
(b) Applicability.--The amendments made by subsection (a) apply to
goods entered, or withdrawn from warehouse for consumption, on or after
the 15th day after the date of the enactment of this Act.
(c) Review and Reports.--
(1) ITC review and report.--
(A) Review.--The United States International Trade
Commission shall conduct a review to identify yarns, fabrics,
and other textile and apparel inputs that through new or
increased investment or other measures can be produced
competitively in beneficiary sub-Saharan African countries.
(B) Report.--Not later than 7 months after the date of the
enactment of this Act, the United States International Trade
Commission shall submit to the appropriate congressional
committees and the Comptroller General a report on the results
of the review carried out under subparagraph (A).
(2) GAO report.--Not later than 90 days after the submission of
the report under paragraph (1)(B), the Comptroller General shall
submit to the appropriate congressional committees a report that,
based on the results of the report submitted under paragraph (1)(B)
and other available information, contains recommendations for
changes to United States trade preference programs, including the
African Growth and Opportunity Act (19 U.S.C. 3701 et seq.) and the
amendments made by that Act, to provide incentives to increase
investment and other measures necessary to improve the
competitiveness of beneficiary sub-Saharan African countries in the
production of yarns, fabrics, and other textile and apparel inputs
identified in the report submitted under paragraph (1)(B),
including changes to requirements relating to rules of origin under
such programs.
(3) Definitions.--In this subsection--
(A) the term ``appropriate congressional committees'' means
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate; and
(B) the term ``beneficiary sub-Saharan African countries''
has the meaning given the term in section 506A(c) of the Trade
Act of 1974 (19 U.S.C. 2466a(c)).
(d) Clerical Amendment.--Section 6002(a)(2)(B) of Public Law 109-
432 is amended by striking ``(B) by striking'' and inserting ``(B) in
paragraph (3), by striking''.
SEC. 4. GENERALIZED SYSTEM OF PREFERENCES.
Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by
striking ``December 31, 2008'' and inserting ``December 31, 2009''.
SEC. 5. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``November 14, 2017'' and
inserting ``February 14, 2018''; and
(2) in subparagraph (B)(i), by striking ``October 7, 2017'' and
inserting ``January 31, 2018''.
(b) Repeal.--Section 15201 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246) is amended by striking subsections (c)
and (d).
SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under subparagraph (C) of section 401(1) of the Tax
Increase Prevention and Reconciliation Act of 2005 in effect on the
date of the enactment of this Act is increased by 2 percentage points.
SEC. 7. TECHNICAL CORRECTIONS.
Section 15402 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246) is amended--
(1) in subsections (a) and (b), by striking ``Carribean'' each
place it appears and inserting ``Caribbean''; and
(2) in subsection (d), by striking ``231A(b)'' and inserting
``213A(b)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Andean Trade Preference Act (ATPA) to prohibit the extension of duty-free treatment or other preferential treatment to: (1) Colombia or Peru after December 31, 2009; (2) Ecuador after June 30, 2009, except that such preferential treatment shall remain in effect through December 31, 2009, unless the President reports to specified congressional committees on or before June 30, 2009, that Ecuador does not satisfy certain beneficiary country designation requirements; and (3) Bolivia after June 30, 2009, except that such preferential treatment shall remain in effect through December 31, 2009, only if the President reports to specified congressional committees on or before June 30, 2009, that Bolivia satisfies certain beneficiary country designation requirements.
(Sec. 1) Extends through FY2010 preferential treatment for apparel articles assembled in one or more beneficiary countries from regional fabrics or regional components, and specified other type apparel (brassieres).
(Sec. 2) Amends the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act to direct the Secretary of Commerce to establish a program to provide earned import allowance certificates to any producer or entity controlling production of eligible apparel articles in the Dominican Republic, based on specified elements.
Declares that eligible apparel articles wholly assembled in the Dominican Republic and imported directly from the Dominican Republic shall enter the United States free of duty, without regard to the source of the fabric or yarns from which the articles are made, if such apparel articles are accompanied by an earned import allowance certificate reflecting the amount of credits equal to the total square meter equivalents of fabric in such apparel articles.
Directs the United States International Trade Commission (ITC) to review and report annually to the appropriate congressional committees on the effectiveness of the earned import allowance program.
(Sec. 3) Amends the African Growth and Opportunity Act to repeal certain special rules for fabrics and yarns in commercial quantities in Africa.
Adds Mauritius as a lesser developed beneficiary sub-Saharan African country (LDC) for purposes of the application of preferential treatment to apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more LDCs, regardless of the country of origin of the fabric or the yarn used to make such articles, that are imported into the United States.
Directs the ITC to review, identify, and report to the appropriate congressional committees and the Comptroller General on yarns, fabrics, and other textile and apparel inputs that through new or increased investment or other measures can be produced competitively in beneficiary sub-Saharan African countries.
Directs the Comptroller General to report to the appropriate congressional committees on recommendations for changes to U.S. trade preference programs, including changes to rules of origin, to provide incentives to increase investment and other measures to improve the competitiveness of beneficiary sub-Saharan African countries in the production of yarns, fabrics, and other textile and apparel inputs.
(Sec. 4) Amends the Trade Act of 1974 to extend the Generalized System of Preferences program through December 31, 2009.
(Sec. 5) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees for the processing of merchandise entered into the United States.
(Sec. 6) Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase by 2% the amount in effect on the date of enactment of this Act of any corporate estimated tax installment otherwise due by a corporation with assets of not less than $1 billion in July, August, or September 2013. | To extend the Andean Trade Preference Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Teachers Teaching Act of
2015''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The United States faces an increasing need for high-
quality educators. The Department of Education estimates the
United States will need about 430,000 new elementary and
secondary teachers by 2020.
(2) For the first time since the 1960s, teachers with 10
years of experience or less now constitute more than half of
our teaching force.
(3) Research shows that a key reason for teacher turnover
is job dissatisfaction, which may result from poor working
conditions, inadequate administrative support, low salary, low
morale, or lack of a pathway for professional advancement.
(4) The National Center for Education Statistics found a
correlation between the level of support and training provided
to new teachers and the likelihood of a teacher leaving after
their first year, with teachers who are assigned a mentor
teacher more likely to continue their teaching careers than
those who did not.
(5) Efforts to address the teacher shortage demands a
national strategy to support the development and implementation
of innovative teacher retention programs.
(6) Effective teacher retention programs to address this
problem are already at work in local educational agencies
around the country, and many more innovative programs could be
advanced if additional resources were available.
(7) The Department of Education has made teacher
recruitment and retention a priority, and can play an important
role in facilitating the identification of the most promising
teacher retention approaches and disseminating information
about them to State educational agencies and local educational
agencies.
SEC. 3. GRANTS FOR INNOVATIVE TEACHER RETENTION PROGRAMS.
Section 2151 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6651) is amended by adding at the end the following:
``(g) Teacher Retention Activities.--
``(1) In general.--The Secretary shall establish and carry
out a teacher retention program to--
``(A) assist State educational agencies and local
educational agencies in developing and implementing
innovative teacher retention programs, and support the
development of model programs and best practices in
retaining quality teachers in the classroom; and
``(B) facilitate the dissemination of innovative
teacher retention programs to State educational
agencies and local educational agencies.
``(2) Grants.--The Secretary shall carry out paragraph
(1)(A) by making grants to eligible entities to develop and
implement innovative teacher retention programs, including
activities such as--
``(A) professional development programs;
``(B) teacher mentoring programs;
``(C) advanced certification or advanced
credentialing;
``(D) research, travel, or fellowship
opportunities; and
``(E) pairing of teachers with professionals in
research or industry.
``(3) Eligible entities.--In this subsection, the term
`eligible entity' includes--
``(A) local educational agencies;
``(B) State educational agencies; and
``(C) partnerships of local educational agencies,
nonprofit organizations, and institutions of higher
education.
``(4) Grant terms.--Grants under this subsection shall be
awarded for periods of not more than 5 years and on a
competitive basis. Grants awarded under this subsection may be
renewed.
``(5) Secretary's duty to identify most promising teacher
retention approaches.--In carrying out paragraph (1)(B), the
Secretary shall--
``(A) identify the most promising teacher retention
approaches, including the approaches already working
and the approaches developed through grants funded
under this subsection, and make information about such
approaches publicly available and easily accessible to
State educational agencies and local educational
agencies; and
``(B) not later than 9 months after the date of the
enactment of this subsection, and annually thereafter,
transmit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate, a report that describes--
``(i) the methodology by which the most
promising teacher retention programs are
identified under subparagraph (A); and
``(ii) the Secretary's efforts to
disseminate information regarding such programs
to State educational agencies and local
educational agencies.''. | Keep Teachers Teaching Act of 2015 This bill amends the Elementary and Secondary Education Act of 1965 to direct the Department of Education (ED) to award competitive, renewable grants to local educational agencies (LEAs), states, and partnerships of LEAs, nonprofit organizations, and institutions of higher education for the development and implementation of innovative teacher retention programs that include: (1) professional development; (2) teacher mentoring; (3) advanced certification or credentialing; (4) research, travel, or fellowship opportunities; and (5) pairing teachers with research or industry professionals. ED must: (1) identify the most promising teacher retention strategies, and (2) make information about those strategies publicly available and easily accessible to states and LEAs. | Keep Teachers Teaching Act of 2015 |
SECTION 1. SUSPENSION OF DUTY ON CERTAIN MANUFACTURING EQUIPMENT.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new headings:
`` 9902.84.79 Calendaring or
other rolling
machines for
rubber, valued
at not less than
$2,200,000 each,
numerically
controlled, or
parts thereof
(provided for in
subheading
8420.10.90,
8420.91.90, or
8420.99.90) and
material holding
devices or
similar
attachments
thereto......... Free No change No change On or before
12/31/2000
9902.84.81 Shearing machines
used to cut
metallic tissue
capable of a
straight cut of
5 m or more,
valued at not
less than
$750,000 each,
numerically
controlled
(provided for in
subheading
8462.31.00)..... Free No change No change On or before
12/31/2000
9902.84.83 Machine tools for
working wire of
iron or steel
for use in
products
provided for in
subheading
4011.20.10,
valued at not
less than
$375,000 each,
numerically
controlled, or
parts thereof
(provided for in
subheading
8463.30.00)..... Free No change No change On or before
12/31/2000
9902.84.85 Extruders of a
type used for
processing
rubber, valued
at not less than
$2,000,000 each,
numerically
controlled, or
parts thereof
(provided for in
subheading
8477.20.00 or
8477.90.80)..... Free No change No change On or before
12/31/2000
9902.84.87 Machinery for
molding,
retreading, or
otherwise
forming uncured,
unvulcanized
rubber for use
in processing
products
provided for in
subheading
4011.20.10,
valued at not
less than
$800,000 each,
capable of
holding
cylinders
measuring 114
centimeters or
more in
diameter,
numerically
controlled, or
parts thereof
(provided for in
subheading
8477.51.00 or
8477.90.80)..... Free No change No change On or before
12/31/2000
9902.84.89 Sector mold press
machines used
for curing or
vulcanizing
rubber, valued
at not less than
$1,000,000 each,
weighing 135,000
kg or more,
numerically
controlled, or
parts thereof
(provided for in
subheading
8477.90.80)..... Free No change No change On or before
12/31/2000
9902.84.91 Sawing machines,
valued at not
less than
$600,000 each,
weighing 18,000
kg or more, for
working cured,
vulcanized
rubber described
in heading 4011
(provided for in
subheading
8465.91.00)..... Free No change No change On or before
12/31/2000
(b) Effective Date.--
(1) General rule.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on the date that is 15 days after
the date of enactment of this Act.
(2) Retroactive application to certain entries.--
Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) or any other provision of law, upon proper request
filed with the Customs Service before the 90th day after the
date of enactment of this Act, any entry, or withdrawal from
warehouse for consumption, of any goods described in subheading
9902.84.79, 9902.84.81, 9902.84.83, 9902.84.85, 9902.84.87,
9902.84.89, or 9902.84.91 of the Harmonized Tariff Schedule of
the United States (as added by subsection (a)) that was made--
(A) on or after May 1, 1997; and
(B) before the 15th day after the date of enactment
of this Act;
shall be liquidated or reliquidated as though such entry or
withdrawal occurred on the date that is 15 days after the date
of enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2000, the duty on: (1) certain calendaring or other rolling machines for rubber; (2) certain shearing machines used to cut metallic tissue; (3) certain machine tools for working wire of iron or steel; (4) certain extruders of a type used for processing rubber; (5) certain machinery for molding, retreading, or otherwise forming uncured, unvulcanized rubber; (6) certain sector mold press machines used for curing or vulcanizing rubber; and (7) certain sawing machines for working cured, vulcanized rubber. | To amend the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain manufacturing equipment. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paterson Great Falls National
Historical Park Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the City of Paterson,
New Jersey.
(2) Commission.--The term ``Commission'' means the Paterson
Great Falls National Historical Park Advisory Commission
established by section 6(a).
(3) Historic district.--The term ``Historic District''
means the Great Falls Historic District in the State.
(4) Management plan.--The term ``management plan'' means
the management plan for the Park developed under section 5.
(5) Map.--The term ``Map'' means the map entitled
``Paterson Great Falls National Historical Park-Proposed
Boundary'', numbered T03/80,001, and dated May 2008.
(6) Park.--The term ``Park'' means the Paterson Great Falls
National Historical Park established by section 3(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means the State of New
Jersey.
SEC. 3. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established in the State a unit of the National Park System to
be known as the ``Paterson Great Falls National Historical
Park''.
(2) Conditions for establishment.--The Park shall not be
established until the date on which the Secretary determines
that--
(A)(i) the Secretary has acquired sufficient land
or an interest in land within the boundary of the Park
to constitute a manageable unit; or
(ii) the State or City, as appropriate, has entered
into a written agreement with the Secretary to donate--
(I) the Great Falls State Park, including
facilities for Park administration and visitor
services; or
(II) any portion of the Great Falls State
Park agreed to between the Secretary and the
State or City; and
(B) the Secretary has entered into a written
agreement with the State, City, or other public entity,
as appropriate, providing that--
(i) land owned by the State, City, or other
public entity within the Historic District will
be managed consistent with this Act; and
(ii) future uses of land within the
Historic District will be compatible with the
designation of the Park.
(b) Purpose.--The purpose of the Park is to preserve and interpret
for the benefit of present and future generations certain historical,
cultural, and natural resources associated with the Historic District.
(c) Boundaries.--The Park shall include the following sites, as
generally depicted on the Map:
(1) The upper, middle, and lower raceways.
(2) Mary Ellen Kramer (Great Falls) Park and adjacent land
owned by the City.
(3) A portion of Upper Raceway Park, including the Ivanhoe
Wheelhouse and the Society for Establishing Useful Manufactures
Gatehouse.
(4) Overlook Park and adjacent land, including the Society
for Establishing Useful Manufactures Hydroelectric Plant and
Administration Building.
(5) The Allied Textile Printing site, including the Colt
Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and
Todd Mill ruins.
(6) The Rogers Locomotive Company Erecting Shop, including
the Paterson Museum.
(7) The Great Falls Visitor Center.
(d) Availability of Map.--The Map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(e) Publication of Notice.--Not later than 60 days after the date
on which the conditions in subparagraphs (A) and (B) of subsection
(a)(2) are satisfied, the Secretary shall publish in the Federal
Register notice of the establishment of the Park, including an official
boundary map for the Park.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Park in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) State and Local Jurisdiction.--Nothing in this Act enlarges,
diminishes, or modifies any authority of the State, or any political
subdivision of the State (including the City)--
(1) to exercise civil and criminal jurisdiction; or
(2) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary of the
Park.
(c) Cooperative Agreements.--
(1) In general.--As the Secretary determines to be
appropriate to carry out this Act, the Secretary may enter into
cooperative agreements with the owner of the Great Falls
Visitor Center or any nationally significant properties within
the boundary of the Park under which the Secretary may
identify, interpret, restore, and provide technical assistance
for the preservation of the properties.
(2) Right of access.--A cooperative agreement entered into
under paragraph (1) shall provide that the Secretary, acting
through the Director of the National Park Service, shall have
the right of access at all reasonable times to all public
portions of the property covered by the agreement for the
purposes of--
(A) conducting visitors through the properties; and
(B) interpreting the properties for the public.
(3) Changes or alterations.--No changes or alterations
shall be made to any properties covered by a cooperative
agreement entered into under paragraph (1) unless the Secretary
and the other party to the agreement agree to the changes or
alterations.
(4) Conversion, use, or disposal.--Any payment made by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of a project
for purposes contrary to the purposes of this Act, as
determined by the Secretary, shall entitle the United States to
reimbursement in amount equal to the greater of--
(A) the amounts made available to the project by
the United States; or
(B) the portion of the increased value of the
project attributable to the amounts made available
under this subsection, as determined at the time of the
conversion, use, or, disposal.
(5) Matching funds.--
(A) In general.--As a condition of the receipt of
funds under this subsection, the Secretary shall
require that any Federal funds made available under a
cooperative agreement shall be matched on a 1-to-1
basis by non-Federal funds.
(B) Form.--With the approval of the Secretary, the
non-Federal share required under subparagraph (A) may
be in the form of donated property, goods, or services
from a non-Federal source.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire land or
interests in land within the boundary of the Park by donation,
purchase from a willing seller with donated or appropriated
funds, or exchange.
(2) Donation of state owned land.--Land or interests in
land owned by the State or any political subdivision of the
State may only be acquired by donation.
(e) Technical Assistance and Public Interpretation.--The Secretary
may provide technical assistance and public interpretation of related
historic and cultural resources within the boundary of the Historic
District.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 fiscal years after the date on
which funds are made available to carry out this section, the
Secretary, in consultation with the Commission, shall complete a
management plan for the Park in accordance with--
(1) section 12(b) of Public Law 91-383 (commonly known as
the ``National Park Service General Authorities Act'') (16
U.S.C. 1a-7(b)); and
(2) other applicable laws.
(b) Cost Share.--The management plan shall include provisions that
identify costs to be shared by the Federal Government, the State, and
the City, and other public or private entities or individuals for
necessary capital improvements to, and maintenance and operations of,
the Park.
(c) Submission to Congress.--On completion of the management plan,
the Secretary shall submit the management plan to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
SEC. 6. PATERSON GREAT FALLS NATIONAL HISTORICAL PARK ADVISORY
COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Paterson Great Falls National Historical Park Advisory
Commission''.
(b) Duties.--The duties of the Commission shall be to advise the
Secretary in the development and implementation of the management plan.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 9
members, to be appointed by the Secretary, of whom--
(A) 4 members shall be appointed after
consideration of recommendations submitted by the
Governor of the State;
(B) 2 members shall be after consideration of
recommendations submitted by the City Council of
Paterson, New Jersey;
(C) 1 member shall be after consideration of
recommendations submitted by the Board of Chosen
Freeholders of Passaic County, New Jersey; and
(D) 2 members shall have experience with national
parks and historic preservation.
(2) Initial appointments.--The Secretary shall appoint the
initial members of the Commission not later than the earlier
of--
(A) the date that is 30 days after the date on
which the Secretary has received all of the
recommendations for appointments under paragraph (1);
or
(B) the date that is 30 days after the Park is
established in accordance with section 3.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--A member shall be appointed for a
term of 3 years.
(B) Reappointment.--A member may be reappointed for
not more than 1 additional term.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
(e) Meetings.--The Commission shall meet at the call of--
(1) the Chairperson; or
(2) a majority of the members of the Commission.
(f) Quorum.--A majority of the Commission shall constitute a
quorum.
(g) Chairperson and Vice Chairperson.--
(1) In general.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
Chairperson in the absence of the Chairperson.
(3) Term.--A member may serve as Chairperson or Vice
Chairman for not more than 1 year in each office.
(h) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Members of the Commission shall
serve without compensation.
(B) Travel expenses.--Members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the Commission.
(2) Staff.--
(A) In general.--The Secretary shall provide the
Commission with any staff members and technical
assistance that the Secretary, after consultation with
the Commission, determines to be appropriate to enable
the Commission to carry out the duties of the
Commission.
(B) Detail of employees.--The Secretary may accept
the services of personnel detailed from--
(i) the State;
(ii) any political subdivision of the
State; or
(iii) any entity represented on the
Commission.
(i) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(j) Termination.--The Commission shall terminate 10 years after the
date of enactment of this Act.
SEC. 7. STUDY OF HINCHLIFFE STADIUM.
(a) In General.--Not later than 3 fiscal years after the date on
which funds are made available to carry out this Act, the Secretary
shall complete a study regarding the preservation and interpretation of
Hinchliffe Stadium, which is listed on the National Register of
Historic Places.
(b) Inclusions.--The study shall include an assessment of--
(1) the potential for listing the stadium as a National
Historic Landmark; and
(2) options for maintaining the historic integrity of
Hinchliffe Stadium.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Paterson Great Falls National Historical Park Act - Establishes the Paterson Great Falls National Historical Park in New Jersey as a unit of the National Park System.
Sets forth conditions concerning the establishment of the Park.
Sets forth provisions regarding the administration of the Park.
Requires the Secretary of the Interior to complete a management plan for the Park.
Establishes the Paterson Great Falls National Historical Park Advisory Commission to advise the Secretary in the development of the management plan.
Directs the Secretary to complete a study regarding the preservation and interpretation of Hinchliffe Stadium as listed on the National Register of Historic Places, which shall include an assessment of the potential for listing it as a National Historic Landmark as well as options for maintaining its historic integrity. | A bill to establish the Paterson Great Falls National Historical Park, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Port Security Improvements Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) After the tragic terrorist events of September 11,
2001, the Congress initially focused on improving aviation
security and, in November 2001, passed the Aviation and
Transportation Security Act (Public Law 107-71). That Act
provided deadlines for specific enhancements in aviation
security, including for issuance of certain rules governing the
conduct of non-Federal parties.
(2) The Congress then turned its focus to improving port
security and, in November 2002, passed the Maritime
Transportation Security Act of 2002 (Public Law 107-295). That
Act did not establish deadlines for specific enhancements in
port security. For example, there are no statutory deadlines
for interim final rules on facility and vessel security and on
civil penalties, nor for the rules on transportation security
cards.
(3) The United States maritime transportation system
includes more than 300 ports with more than 3,700 cargo and
passenger terminals. The top 25 ports account for 98 percent of
the more than 6,000,000 container shipments entering United
States ports yearly.
(4) The vast maritime transportation system is particularly
susceptible to terrorist attempts to smuggle personnel, weapons
of mass destruction, or other dangerous materials into the
United States. A large-scale terrorist attack at a United
States port could not only cause widespread damage but also
seriously affect the United States economy.
(5) The General Accounting Office found that, during fiscal
years 1999, 2000, and 2001, expenditures by 13 Federal agencies
for the maritime transportation system averaged about
$3,900,000,000 per year. Three agencies accounted for 93
percent of these expenditures: the Corps of Engineers, the
Coast Guard, and the Customs Service. The cost of Customs
Service operations for fiscal years 1999, 2000, and 2001 was
$484,200,000, $538,400,000, and $577,200,000, respectively.
(6) During that same period, 11 Federal agencies collected
approximately $1,000,000,000 each year from maritime
transportation system users. In addition, customs duties levied
on commodities imported through the maritime transportation
system averaged approximately $15,200,000,000 each year. In
comparison, custom duties levied on commodities imported
through the aviation transportation system and highway
transportation system averaged approximately $3,700,000,000 and
$900,000,000 each year, respectively.
(7) Many of the needed maritime transportation security
improvements will require costly outlays for infrastructure,
technology, and personnel. Before September 11, 2001, the
Interagency Commission on Crime and Security in United States
Seaports estimated that the cost of upgrading security
infrastructure at United States ports ranged from $10,000,000
to $50,000,000 per port. These estimates could increase
dramatically due to new post-September 11 security
requirements. For example, for the first $93,300,000 of Federal
grant funds for port security made available in a supplemental
appropriations Act, the Federal Government received grant
applications for almost $700,000,000. For the second round of
an expected $105,000,000 of Federal grants with funds made
available in such Act, the Federal Government received
applications for $997,000,000.
(8) In December 2002, the Coast Guard published its ``Cost
analysis report for vessel, facility, and port security''
(Appendix C to the notice published December 30, 2002 (67 Fed.
Reg. 79742), which included its estimates of first-year costs
for maritime transportation security improvements of
$1,300,000,000, and 10-year costs for such improvements of
$6,000,000,000.
SEC. 3. FINANCING PORT SECURITY ENHANCEMENTS.
(a) Portion of Duties Collected at Ports.--For each fiscal year,
there shall be available to the Secretary of Homeland Security for port
security enhancements at each port through which articles transported
by vessel are unladen for purposes of entering the customs territory of
the United States, 30 percent of the amount by which duties collected
during the preceding fiscal year on such articles that so entered
through that port exceed port security costs incurred at that port
during the preceding fiscal year.
(b) Definitions.--In this section--
(1) the term ``port security enhancements'' means--
(A) administrative processing and associated
services for increasing port security, including
administering the transportation security cards (also
known as the Transportation Worker Identification
Credential) issued under section 70105 of title 46,
United States Code, including background checks and
training;
(B) physical services (including inspections of
cruise passengers, cargo, and empty containers) and
certifications;
(C) construction and maintenance, including
upgrades to security infrastructure; and
(D) miscellaneous services;
(2) the term ``port security costs'' means costs incurred
by the Federal Government for the maritime transportation
system, including--
(A) administrative processing and associated
services;
(B) physical services, including inspections and
certifications;
(C) construction and maintenance; and
(D) miscellaneous services; and
(3) the term ``vessel'' has the meaning given that term in
section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).
(c) Period of Application.--Amounts shall be available under
subsection (a) only for the first five fiscal years beginning after the
date of the enactment of this Act.
SEC. 4. DEADLINE FOR TRANSPORTATION SECURITY CARD REGULATIONS.
Notwithstanding section 102 of the Maritime Transportation Security
Act of 2002 (Public Law 107-295; 116 Stat. 2085; 46 U.S.C. 70101 note),
the Secretary of the department in which the Coast Guard is operating--
(1) shall issue interim final regulations under section
70105 of title 46, United States Code, by not later than 6
months after the date of the enactment of this Act; and
(2) shall issue final regulations under that section by not
later than 12 months after the date of the enactment of this
Act.
SEC. 5. STANDARDIZATION OF SECURITY REQUIREMENTS FOR PORTS, VESSELS AND
FACILITIES.
The Secretary of the department in which the Coast Guard is
operating shall issue regulations under section 70103 of title 46,
United States Code, that establish a national minimum set of standard
security requirements for--
(1) each port in the United States;
(2) each facility in a port in the United States; and
(3) each vessel entering a United States port. | Port Security Improvements Act of 2003 - Makes available to the Secretary of Homeland Security for security enhancements at each port over each of the next five fiscal years 30 percent of the difference between the amount of duties collected at each port and the port's security costs.
Requires the Secretary of the department in which the Coast Guard is operating to issue: (1) final regulations governing biometric transportation security cards within one year; and (2) regulations that establish a national minimum set of standard security requirements for each port in the United States, each facility in a port in the United States, and each vessel entering a U.S. port. | To provide funding for port security enhancements, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Lands Counterdrug Strategy
Act''.
SEC. 2. FEDERAL LANDS COUNTERDRUG STRATEGY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, and every 2 years thereafter, the Director of
National Drug Control Policy shall submit to the Congress a Federal
Lands Counterdrug Strategy.
(b) Purposes.--The Federal Lands Counterdrug Strategy shall--
(1) set forth the Government's strategy for preventing the
illegal production, cultivation, manufacture, and trafficking
of controlled substances on covered lands;
(2) state the specific roles and responsibilities of the
relevant agencies, including the National Drug Control Program
agencies, the Forest Service, the National Park Service, and
the Bureau of Land Management, for implementing that strategy;
and
(3) identify the specific resources required to enable the
relevant agencies, including the National Drug Control Program
agencies, the Forest Service, the National Park Service, and
the Bureau of Land Management, to implement that strategy.
(c) Specific Content Related to Marijuana Eradication.--The Federal
Lands Counterdrug Strategy shall include--
(1) a strategy to reduce the cultivation and trafficking of
marijuana on covered lands; and
(2) an examination of how technology available when the
Federal Lands Counterdrug Strategy is being prepared, including
herbicides, can be used to reduce the cultivation and
trafficking of marijuana on covered lands.
(d) Specific Content Related to the Effect of Land-Management Laws
on the Enforcement of Drug Laws.--The Federal Lands Counterdrug
Strategy shall include an analysis of the effect of Federal laws
related to the management of covered lands on the enforcement of the
Controlled Substances Act (21 U.S.C. 801 et seq.) and on such other
Federal laws related to the importation, manufacture, distribution,
possession, or use of controlled substances as the Director considers
appropriate. The analysis shall include an assessment of--
(1) whether such land-management laws hinder enforcement on
covered lands of such laws related to controlled substances;
(2) whether any hindrance of enforcement described in
paragraph (1) results from restrictions under such land-
management laws that--
(A) limit the use of tools or strategies, including
motor vehicles, used by law enforcement personnel to
enforce such laws related to controlled substances in
areas that are not on covered lands; or
(B) result in a lack of access to areas on covered
lands that creates havens for the importation,
manufacture, distribution, possession, or use of
controlled substances; and
(3) whether any additional authorities, including
exceptions from or waiver authority with respect to such land-
management laws, are needed to prevent the importation,
manufacture, distribution, possession, or use of controlled
substances on covered lands and to secure such lands from
related criminal activity.
(e) Consultation With Other Agencies.--The Director shall issue the
Federal Lands Counterdrug Strategy in consultation with the heads of
the relevant agencies, including the National Drug Control Program
agencies, the Forest Service, the National Park Service, the Bureau of
Land Management, and any relevant State, local, and tribal law
enforcement agencies.
(f) Limitation.--The Federal Lands Counterdrug Strategy shall not
change existing agency authorities or the laws governing interagency
relationships, but may include recommendations about changes to such
authorities or laws.
(g) Report to Congress.--The Director shall provide a copy of the
Federal Lands Counterdrug Strategy to the appropriate congressional
committees (as defined in section 702(12) of the Office of National
Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(12))).
(h) Treatment of Classified or Law Enforcement Sensitive
Information.--Any content of the Federal Lands Counterdrug Strategy
that involves information classified under criteria established by an
Executive order, or whose public disclosure, as determined by the
Director or the head of any relevant National Drug Control Program
agency, would be detrimental to the law enforcement or national
security activities of any Federal, State, local, or tribal agency,
shall be presented to Congress separately from the rest of the
strategy.
(i) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given such term in section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)).
(2) Covered lands.--The term ``covered lands'' means units
of the National Park System, National Forest System lands, and
public lands (as such term is defined in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702(e))).
(3) National drug control program agency.--The term
``National Drug Control Program agency'' has the meaning given
such term in section 702(7) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(7)). | Federal Lands Counterdrug Strategy Act - Requires the Director of National Drug Control Policy to develop and submit to Congress a Federal Lands Counterdrug Strategy. Sets forth specific Strategy requirements. | To require the Director of National Drug Control Policy to develop a Federal Lands Counterdrug Strategy, and for other purposes. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Freedom To Save
Act of 2007''.
(b) Findings.--Congress finds the following:
(1) Under current law applicable to the food stamp program,
a household may not have assets that exceed $2,000 (or $3,000
in the case of a household that includes an elderly or disabled
member). The program is federally funded, but States can modify
or eliminate assets through categorical eligibility (automatic
benefits through qualifications for other assistance programs).
Benefit levels can be reduced by unearned income, which arise
from interest on past savings accounts, retirement accounts, or
educational accounts. States count the amount that exceeds the
fair market value of $4,650 of a household vehicle, unless they
follow TANF rules. States have the discretion to exclude some
assets that are excluded in TANF or Medicaid.
(2) For low-income families who may need to rely on
government assistance in the face of an emergency, saving is
actively discouraged by asset limit policies, especially in
formal financial institutions. Recent qualitative research
indicates that asset limits serve to discourage low-income
families from saving, especially in formal financial
institutions. These men and women realize that saving is
penalized in the current welfare system and if they choose to
save, their benefits will be reduced or eliminated.
(3) Without a safety net of personal savings, it is more
difficult for low-income families to graduate from government
assistance and achieve true self-sufficiency--the goal of the
1996 welfare reform. Forcing individuals to ``spend down''
personal savings in order to qualify for assistance leaves
families vulnerable to temporary income shocks due to emergency
or temporary unemployment. Precautionary savings will reduce
overall dependence on public assistance.
(4)(A) SSI is federally administered with asset limits of
$2,000 for individuals and $3,000 for couples. Assets may be
reduced by unearned income from interest on past savings
accounts or other assets. One household vehicle is excluded
from the asset tests, but the value of any other vehicles is
counted as assets.
(B) Individuals with disabilities who receive SSI benefits
and are able to work for short periods of time are penalized
for saving any money they earn with a complete loss of
benefits.
(5) TANF is a cash assistance block grant program whose
policies are set by individual States. The 1996 welfare reform
law gave states the discretion to set asset limits for TANF, or
waive the limit entirely. Today, States' asset limits vary from
$1,000 to no limit, with most set from $1,000 to $3,000. A
number of States have reformed their asset limits:
(A) Virginia and Ohio have already eliminated the
asset limit for TANF. To date, Virginia reports
administrative savings due to streamlining the
eligibility process and has experienced no increase in
fraud.
(B) 16 States have liberalized the financial asset
limit for TANF to allow assets of more than $2,000. 29
States have liberalized their vehicle allowances by
either eliminating the value of at least one vehicle,
or by raising the allowable value of a household
vehicle.
(6)(A) Within broad Federal guidelines for the SCHIP
program, each State determines the design of its program,
eligibility groups, benefit packages, payment levels for
coverage, and administrative and operating procedures. States
have substantial flexibility in setting asset criteria in
public health insurance plans for children under Medicaid and
the State Children's Health Insurance Program (SCHIP).
(B) 49 States waive asset tests altogether; 2 states
(Oregon and Texas) have asset limits in their separate SCHIP
programs.
(C) Parents applying for public health insurance face more
restrictive eligibility criteria than children. 19 States have
waived the asset test for parents; 6 states continue to limit
assets to $1,000 per household; and 26 States have asset limits
that range from $2,000 to $30,000.
(7) The personal savings rate was negative in 2005 and 2006
according to the Department of Commerce, meaning that spending
outstripped disposable income for the first time since the
Great Depression.
(8) Asset limits are inefficient and, in some programs,
entirely unnecessary. According to the Federal Reserve, most
poor and near-poor families hold little to no wealth: in 2004,
17 percent of all households had zero or negative net worth,
while 29.6 percent had a net worth of less than $10,000. Few
families who meet the low income eligibility thresholds that
govern eligibility for major income support programs have any
significant asset holdings. For people with disabilities, 38
percent live on less than $15,000 annually, and that 58 percent
are asset poor.
(9) A consistent segment of the American population remains
outside the financial mainstream where they rely on costly
check cashing and lending institutions: 11 percent of
households do not have a checking account and 9 percent do not
have a transaction account of any kind. 54 percent of people
with disabilities have no savings accounts, and 69 percent have
no checking accounts. Low-income families who rely on public
assistance are less likely to use a formal financial
institution, in part out of fear that any account balance will
be penalized by a reduction in benefits.
(10) According to the Center for Social Development, the
presence of savings and even small asset holdings by a
household is associated with a range of positive outcomes,
including increased economic stability, educational attainment
and performance, and health and psychological well-being.
(11) Increasing the number of households that save and the
amounts that they save will allow more Americans to achieve
greater control, security, independence, and choice in their
lives.
SEC. 2. MODIFICATION OF ASSET TEST UNDER FOOD STAMP PROGRAM.
(a) Financial Resources.--Section 5(g) of the Food Stamp Act of
1977 (7 U.S.C. 2014(g)) is amended--
(1) by striking ``(g)(1) The Secretary'' and inserting the
following:
``(g) Allowable Financial Resources.--
``(1) Total amount.--
``(A) In general.--The Secretary'';
(2) in subparagraph (A) (as designated by paragraph (1)--
(A) by striking ``$2,000'' and inserting ``$6,000
(as adjusted in accordance with subparagraph (B))'';
and
(B) by striking ``$3,000'' and inserting ``$8,000
(as adjusted in accordance with subparagraph (B))'' ;
and
(3) by adding at the end the following:
``(B) Adjustment for inflation.--
``(i) In general.--Beginning on October 1,
2007, and each October 1 thereafter, the
amounts in subparagraph (A) shall be adjusted
to the nearest $100 increment to reflect
changes for the 12-month period ending the
preceding June in the Consumer Price Index for
All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.
``(ii) Requirement.--Each adjustment under
clause (I) shall be based on the unrounded
amount for the prior 12-month period.''.
(b) Definition Required.--Section 5(g)(6)(B)(iii) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(g)(6)(B)(iii)) is amended by inserting ``(as
defined by the Secretary)'' after ``available''.
(c) Exclusion of Retirement Accounts From Countable Financial
Resources.--
(1) In general.--Section 5(g)(2)(B)(v) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(g)(2)(B)(v)) is amended by striking
``or retirement account (including an individual account)'' and
inserting ``account''.
(2) Mandatory and discretionary exclusions.--Section 5(g)
of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended by
adding at the end the following:
``(7) Exclusion of retirement accounts from countable
financial resources.--
``(A) Mandatory exclusions.--The Secretary shall
exclude from financial resources under this subsection
the value of any funds in a plan, contract, or account,
described in sections 401(a), 403(a), 403(b), 408,
408A, 457(b), and 501(c)(18) of the Internal Revenue
Code of 1986 and the value of funds in a Federal Thrift
Savings Plan account as provided in section 8439 of
title 5, United States Code.
``(B) Discretionary exclusions.--The Secretary may
exclude from financial resources under this subsection
the value of any other retirement plans, contracts, or
accounts (as determined by the Secretary through
regulation).''.
(d) Exclusion of Education Accounts From Countable Financial
Resources.--Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) (as amended by section 3) is amended by adding at the end the
following:
``(8) Exclusion of education accounts from countable
financial resources.--
``(A) Mandatory exclusions.--The Secretary shall
exclude from financial resources under this subsection
the value of any funds in a qualified tuition program
described in section 529 of the Internal Revenue Code
of 1986 or in a Coverdell education savings account
under section 530 of that Code.
``(B) Discretionary exclusions.--The Secretary may
exclude from financial resources under this subsection
the value of any other education programs, contracts,
or accounts (as determined by the Secretary through
regulation).''.
(e) Exclusion of Vehicles From Countable Financial Resources.--
Section 5(g)(2)(B)(iv) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)(2)(B)(iv)) is amended to read as follows:
``(iv) subject to subparagraphs (B) and
(C), any licensed vehicle that is not used for
household transportation or to obtain or
continue employment.''.
SEC. 3. PROHIBITION ON USE OF ASSET TEST UNDER THE TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES (TANF) PROGRAM.
(a) Prohibition.--Section 408(a) of the Social Security Act (42
U.S.C. 608(a)) is amended by adding at the end the following:
``(12) Prohibition on imposition of asset test.--A State to
which a grant is made under section 403 shall not consider the
level or types of assets or resources of an individual or
family in determining the eligibility of the individual or
family for, or the amount or types of assistance to provide to
the individual or family under the State program funded under
this part.''.
(b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is
amended by adding at the end the following:
``(16) Penalty for imposition of asset test.--
``(A) In general.--If the Secretary determines that
a State to which a grant is made under section 403 in a
fiscal year has violated section 408(a)(12) during the
fiscal year, the Secretary shall reduce the grant
payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by an amount equal
to not less than 1 percent and not more than 5 percent
of the State family assistance grant.
``(B) Penalty based on severity of failure.--The
Secretary shall impose reductions under subparagraph
(A) with respect to a fiscal year based on the degree
of noncompliance.''.
(c) Effective Date.--The amendments made by this section shall take
effect on July 1, 2008.
SEC. 4. ELIMINATION OF ASSET TEST FOR DISABLED PERSONS UNDER THE
SUPPLEMENTAL SECURITY INCOME (SSI) PROGRAM.
(a) In General.--Section 1611(a) of the Social Security Act (42
U.S.C. 1382(a)) is amended in each of paragraphs (1)(B) and (2)(B) by
inserting ``in the case of an individual who is aged or blind,'' before
``whose''.
(b) Conforming Amendments.--
(1) Section 1602 of such Act (42 U.S.C. 1381a) is amended
by inserting ``(in the case of an individual who is aged or
blind)'' before ``resources''.
(2) Section 1621(a) of such Act (42 U.S.C. 1382j(a)) is
amended by striking ``an individual'' and inserting ``a blind
or disabled individual''.
(3) Section 1631(b)(3) of such Act (42 U.S.C. 1383(b)(3))
is amended by inserting ``(as in effect before the effective
date of section 4 of the Freedom to Save Act of 2007)'' after
``section 1611(a)''.
(c) Effective Date.--The amendments made by this section shall
apply to benefits for months beginning on or after July 1, 2008.
SEC. 5. ELIMINATION OF ASSET TEST UNDER STATE CHILDREN'S HEALTH
INSURANCE PROGRAM (SCHIP).
Section 2102(b) of the Social Security Act (42 U.S.C. 1397bb(b)) is
amended--
(1) in paragraph (1)(A), by striking ``income and resources
(including any standards relating to spenddowns and disposition
of resources)'' and inserting ``and income''; and
(2) in paragraph (1)(B)--
(A) by striking ``and'' at the end of clause (i);
(B) by striking the period at the end of clause
(ii) and inserting ``, and''; and
(C) by adding at the end the following new clause:
``(iii) may not deny eligibility, or vary
the amount of benefits under this title, based
on assets or resources.''.
SEC. 6. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall apply to assistance furnished on or after July 1, 2008. | Freedom to Save Act of 2007 - Amends the Food Stamp Act of 1977 to modify the asset test for food stamp program eligibility by increasing the amounts of allowable financial resources, with annual inflation adjustments, and excluding from countable financial resources any retirement accounts, education accounts, and licensed vehicles.
Prohibits the use of any asset test under the temporary assistance for needy families (TANF) program under part A of title IV of the Social Security Act. Prescribes an administrative penalty for any state imposing such a test.
Eliminates any asset test for disabled persons under title XVI (Supplemental Security Income (SSI)) of the Social Security Act (SSA) and for any eligible individual under SSA title XXI (State Children's Health Insurance Program (SCHIP)). | To exclude certain assets in determining eligibility under the food stamp program, the temporary assistance for needy families (TANF) program, the Supplemental Security Income (SSI) program, and the State children's health insurance program (SCHIP). |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Residential, Farm, Ranch, and Small
Business Wind Energy Systems Act of 2003'' or the ``Small Wind Energy
Systems Act of 2003''.
SEC. 2. CREDIT FOR RESIDENTIAL WIND ENERGY PROPERTY.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. RESIDENTIAL SMALL WIND ENERGY SYSTEMS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 30 percent of the qualified
wind energy property expenditures made by the taxpayer during such
year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed under subsection
(a) shall not exceed $1,000 for each kilowatt of capacity.
``(2) Safety certifications.--No credit shall be allowed
under this section for an item of property unless such property
meets appropriate fire and electric code requirements.
``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.
``(d) Qualified Wind Energy Property Expenditure.--For purposes of
this section--
``(1) Qualified wind energy property expenditure defined.--
``(A) In general.--The term `qualified wind energy
property expenditure' means an expenditure for
qualified wind energy property installed on or in
connection with a dwelling unit located in the United
States and used as a residence by the taxpayer,
including all necessary installation fees and charges.
``(B) Qualified wind energy property.--The term
`qualified wind energy property' means a qualifying
wind turbine--
``(i) the original use of which commences
with the taxpayer, and
``(ii) which carries at least a 5-year
limited warranty covering defects in design,
material, or workmanship, and, for any
qualifying wind turbine that is not installed
by the taxpayer, at least a 5-year limited
warranty covering defects in installation.
``(C) Qualifying wind turbine.--The term
`qualifying wind turbine' means a wind turbine of 75
kilowatts of rated capacity or less which at the time
of manufacture and not more than one year from the date
of purchase meets the latest performance rating
standards published by the American Wind Energy
Association or the International Electrotechnical
Commission and which is used to generate electricity.
``(2) Labor costs.--Expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of qualified wind energy property and for piping
or wiring to interconnect such property to the dwelling unit or
to the local energy grid shall be taken into account for
purposes of this section.
``(3) Swimming pools, etc., used as storage medium.--
Expenditures which are properly allocable to a swimming pool,
hot tub, or any other energy storage medium which has a
function other than the function of storage shall not be taken
into account for purposes of this section.
``(e) Special Rules.--For purposes of this section--
``(1) Dollar amounts in case of joint occupancy.--In the
case of any dwelling unit which is jointly occupied and used
during any calendar year as a residence by 2 or more
individuals the following shall apply:
``(A) The amount of the credit allowable, under
subsection (a) by reason of expenditures (as the case
may be) made during such calendar year by any of such
individuals with respect to such dwelling unit shall be
determined by treating all of such individuals as 1
taxpayer whose taxable year is such calendar year.
``(B) There shall be allowable, with respect to
such expenditures to each of such individuals, a credit
under subsection (a) for the taxable year in which such
calendar year ends in an amount which bears the same
ratio to the amount determined under subparagraph (A)
as the amount of such expenditures made by such
individual during such calendar year bears to the
aggregate of such expenditures made by all of such
individuals during such calendar year.
``(2) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
individual shall be treated as having made his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures of such corporation.
``(3) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which the individual
owns, such individual shall be treated as having made
the individual's proportionate share of any
expenditures of such association.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of paragraph (1) of section
528(c) (other than subparagraph (E) thereof) with
respect to a condominium project substantially all of
the units of which are used as residences.
``(4) Allocation in certain cases.--If less than 80 percent
of the use of a qualified wind energy property is for
nonbusiness purposes and for generation of energy to be sold to
others, only that portion of the expenditures for such property
which is properly allocable to use for nonbusiness purposes and
for generation of energy to be sold to others shall be taken
into account.
``(5) When expenditure made; amount of expenditure.--
``(A) In general.--Except as provided in
subparagraph (B), an expenditure with respect to any
qualified wind energy property shall be treated as made
when the original installation of such property is
completed and the property has begun to be used to
generate energy.
``(B) Expenditures part of building construction.--
In the case of an expenditure in connection with the
construction or reconstruction of a structure, such
expenditure shall be treated as made when the original
use of the constructed or reconstructed structure by
the taxpayer begins.
``(C) Amount.--The amount of any expenditure shall
be the cost thereof.
``(6) Property financed by subsidized energy financing.--
For purposes of determining the amount of expenditures made by
any individual with respect to any dwelling unit, there shall
not be taken into account expenditures which are made from
subsidized energy financing (as defined in section
48(a)(5)(C)).
``(f) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any qualified wind energy property, the increase in the basis of
such property which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the credit so allowed.
``(g) Termination.--This section shall not apply to property
installed in taxable years beginning after December 31, 2008.''.
(b) Credit Allowed Against Regular Tax and Alternative Minimum
Tax.--
(1) In general.--Section 25C(b) of the Internal Revenue
Code of 1986, as added by subsection (a), is amended by adding
at the end the following new paragraph:
``(3) Limitation based on amount of tax.--The credit
allowed under subsection (a) for the taxable year shall not
exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.''.
(2) Conforming amendments.--
(A) Section 25C(c) of such Code, as added by
subsection (a), is amended by striking ``section 26(a)
for such taxable year reduced by the sum of the credits
allowable under this subpart (other than this
section)'' and inserting ``subsection (b)(3)''.
(B) Section 23(b)(4)(B) of such Code is amended by
inserting ``and section 25C'' after ``this section''.
(C) Section 24(b)(3)(B) of such Code is amended by
striking ``23 and 25B'' and inserting ``23, 25B, and
25C''.
(D) Section 25(e)(1)(C) of such Code is amended by
inserting ``25C,'' after ``25B,''.
(E) Section 25B(g)(2) of such Code is amended by
striking ``section 23'' and inserting ``sections 23 and
25C''.
(F) Section 26(a)(1) of such Code is amended by
striking ``and 25B'' and inserting ``25B, and 25C''.
(G) Section 904(h) of such Code is amended by
striking ``and 25B'' and inserting ``25B, and 25C''.
(H) Section 1400C(d) of such Code is amended by
striking ``and 25B'' and inserting ``25B, and 25C''.
(c) Additional Conforming Amendments.--
(1) Section 23(c) of the Internal Revenue Code of 1986, as
in effect for taxable years beginning before January 1, 2004,
is amended by striking ``section 1400C'' and inserting
``sections 25C and 1400C''.
(2) Section 25(e)(1)(C) of such Code, as in effect for
taxable years beginning before January 1, 2004, is amended by
inserting ``, 25C,'' after ``sections 23''.
(3) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (27), by striking
the period at the end of paragraph (28) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(29) to the extent provided in section 25C(f), in the
case of amounts with respect to which a credit has been allowed
under section 25C.''.
(4) Section 1400C(d) of such Code, as in effect for taxable
years beginning before January 1, 2004, is amended by inserting
``and section 25C'' after ``this section''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25B the following new item:
``Sec. 25C. Residential wind energy
property.''.
(d) Effective Dates.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply to expenditures
after December 31, 2002, in taxable years ending after such
date.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to taxable years beginning after December 31, 2003.
SEC. 3. CREDIT FOR BUSINESS INSTALLATION OF SMALL WIND ENERGY PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (defining energy property) is amended by
striking ``or'' at the end of clause (i), by adding ``or'' at the end
of clause (ii), and by inserting after clause (ii) the following new
clause:
``(iii) qualified wind energy property
installed before January 1, 2009,''.
(b) Qualified Wind Energy Property.--Subsection (a) of section 48
is amended by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively, and by inserting after paragraph (3) the
following new paragraph:
``(4) Qualified wind energy property.--For purposes of this
subsection--
``(A) In general.--The term `qualified wind energy
property' means a qualifying wind turbine--
``(i) installed on or in connection with a
farm (as defined in section 6420(c)), a ranch,
or an establishment of an eligible small
business (as defined in section 44(b)) which is
located in the United States and which is owned
and used by the taxpayer,
``(ii) the original use of which commences
with the taxpayer, and
``(iii) which carries at least a 5-year
limited warranty covering defects in design,
material, or workmanship, and, for any
qualifying wind turbine that is not installed
by the taxpayer, at least a 5-year limited
warranty covering defects in installation.
``(B) Limitation.--In the case of any qualified
wind energy property placed in service during the
taxable year, the credit determined under paragraph (1)
for such year with respect to such property shall not
exceed an amount equal to the lesser of--
``(i) 30 percent of the basis of such
property, including all necessary installation
fees and charges, or
``(ii) $1,000 for each kilowatt of capacity
of such property.
``(C) Qualifying wind turbine.--For purposes of
this paragraph the term `qualifying wind turbine' means
a wind turbine of 75 kilowatts of rated capacity or
less which at the time of manufacture and not more than
one year from the date of purchase meets the latest
performance rating standards published by the American
Wind Energy Association or the International
Electrotechnical Commission and which is used to
generate electricity.
``(D) Safety certifications.--No credit shall be
allowed under this section for any qualified wind
energy property unless such property meets appropriate
fire and electric code requirements.''.
(c) Limitation.--Section 48(a)(2)(A) of the Internal Revenue Code
of 1986 (relating to energy percentage) is amended to read as follows:
``(A) In general.--The energy percentage is--
``(i) in the case of qualified wind energy
property, 30 percent, and
``(ii) in the case of any other energy
property, 10 percent.''.
(d) Conforming Amendment.--Section 29(b)(3)(A)(i)(III) of the
Internal Revenue Code of 1986 is amended by striking ``section
48(a)(4)(C)'' and inserting ``section 48(a)(5)(C)''.
(e) Effective Date.--The amendments made by this subsection shall
apply to property placed in service after December 31, 2003, 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). | Residential, Farm, Ranch, and Small Business Wind Energy Systems Act of 2003 or the Small Wind Energy Systems Act of 2003 - Amends the Internal Revenue Code to allow a taxpayer an annual credit for 30 percent of the cost of installing a qualified residential wind turbine. Limits such credit to $1,000 for each kilowatt of capacity. (Excludes swimming pools or any storage medium which has a function other than a storage function.)Allows an annual business credit for installation of a qualifying wind turbine on a farm, ranch, or small business. Limits such credit to the smaller of: (1) 30 percent of basis, including installation; or (2) $1,000 for each kilowatt of capacity. | A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for individuals and businesses for the installation of certain wind energy property. |
SECTION 1. CONVEYANCE OF PRESQUE ISLE LIGHT STATION, MICHIGAN.
(a) Authority To Convey.--
(1) In general.--Except as provided in paragraph (3), the
Secretary of the department in which the Coast Guard is
operating (in this section referred to as the ``Secretary'')
may convey to Presque Isle Township, Presque Isle County,
Michigan (in this section referred to as the ``Township'') by
an appropriate means of conveyance, all right, title, and
interest of the United States in and to the real property, upon
which is located the United States Coast Guard Presque Isle
Light Station in the County of Presque Isle, Michigan, more
particularly described as follows: Approximately 98.47 acres
forming a peninsula into Lake Huron consisting of Lots 1 and 2
of Section 8, Township 34 North, Range 8 East, in the County of
Presque Isle, Michigan, including the light-tower, attached
dwelling, detached dwelling, three car garage and any other
improvements on that parcel of land.
(2) Identification of the property.--The Secretary may
identify, describe, and determine real property to be conveyed
under this section.
(3) Retained interests.--Notwithstanding any conveyance
under this section, the United States shall retain all right,
title, and interest in--
(A) any historical artifact, including any lens or
lantern, but not including any structures or other
fixtures of structures (except as provided in
subparagraph (B)); and
(B) the light, antennas, sound signal, and
associated lighthouse equipment, and any electronic
navigation equipment, which are active aids to
navigation,
whether located on the property conveyed or associated with the
property conveyed and located elsewhere.
(b) Terms and Conditions.--
(1) In general.--Any conveyance of property under
subsection (a) shall be made--
(A) without payment of consideration;
(B) subject to such terms and conditions as the
Secretary may consider appropriate; and
(C) subject to appropriate covenants that--
(i) warrant that all remedial action
necessary to protect human health and the
environment with respect to any substance
remaining on the property has been taken before
the date of the conveyance, and any additional
remedial action for that purpose found to be
necessary after the date of the conveyance
shall be taken by the United States; and
(ii) reserving an easement to the United
States providing access to take any such
remedial action required after the conveyance.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), any conveyance
of property under subsection (a) shall be subject to the
conditions that--
(A) the property shall be used as a center for
public benefit for the interpretation and preservation
of the material culture of the United States Coast
Guard and the maritime history of Michigan, which may
include use for general park purposes or for
educational, historical, recreational, and cultural
programs open to and for the benefit of the general
public;
(B) the property shall be managed by the Township
or by such entity as may be granted by the Township a
lease, management contract, or concession on such terms
as may be acceptable to the Township as being in the
public interest; and
(C) all right, title, and interest in the property
shall immediately revert to the United States if the
property ceases to be maintained and used in accordance
with subparagraphs (A) and (B).
(3) Maintenance of navigation functions.--Any conveyance of
property under this section shall be subject to such conditions
as the Secretary considers to be necessary to assure that--
(A) the light, antennas, sound signal, and
associated lighthouse equipment, and any electronic
navigation equipment, located on the property, which
are active aids to navigation, shall continue to be
operated and maintained by the United States for as
long as they are needed for this purpose;
(B) the Township may not interfere or allow
interference in any manner with such aids to navigation
without express written permission from the United
States;
(C) there is reserved to the United States the
right to relocate, replace, or add any aids to
navigation, or make any changes on any portion of the
property as may be necessary for navigation purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of maintaining aids to navigation;
(E) the United States shall have--
(i) an easement of access to the property
for the purpose of maintaining the aids to
navigation in use on the property, and
(ii) an easement for an arc of visibility;
and
(F) the United States shall not be responsible for
the cost and expense of maintenance, repair, and upkeep
of the property.
(4) Maintenance obligation.--The Township shall not have
any obligation to maintain any active aid to navigation
equipment on the property conveyed under this section.
(c) Property To Be Maintained in Accordance With Certain Laws.--The
Township, to the extent its budget permits as determined by its
Township Board, shall maintain property conveyed to the Township under
this section in accordance with the provisions of the National Historic
Preservation Act of 1966 (16 U.S.C. 470 et seq.) and other applicable
laws.
(d) Maintenance Standard.--The Township, at its own cost and
expense and to the extent its budget permits as determined by the
Township Board, shall maintain in a proper, substantial, and
workmanlike manner, the property conveyed under this section, including
the easement of access and the easement for an arc of visibility. | Authorizes the Secretary of the department in which the Coast Guard is operating to convey the Coast Guard Presque Isle Light Station to Presque Isle Township, Michigan. Subjects such conveyance to the condition that the station maintain its navigational functions. | To authorize the conveyance of the Coast Guard Presque Isle Light Station to Presque Isle Township, Presque Isle County, Michigan. |
SECTION 1. SHORT TITLE.
This Act may be cited as ``We the People Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article III, section 1 of the Constitution of the
United States vests the judicial power of the United States in
``one Supreme Court, and in such inferior Courts as Congress
may from time to time ordain and establish''.
(2) Article I, section 8 and article 3, section 1 of the
Constitution of the United States give Congress the power to
establish and limit the jurisdiction of the lower Federal
courts.
(3) Article III, section 2 of the Constitution of the
United States gives Congress the power to make ``such
exceptions, and under such regulations'' as Congress finds
necessary to Supreme Court jurisdiction.
(4) Congress has the authority to make exceptions to
Supreme Court jurisdiction in the form of general rules and
based upon policy and constitutional reasons other than the
outcomes of a particular line of cases (see Federalist No. 81;
United States v. Klein, 80 U.S. (13 Wall.) 128 (1872)).
(5) Congress has constitutional authority to set broad
limits on the jurisdiction of both the Supreme Court and the
lower Federal courts in order to correct abuses of judicial
power and continuing violations of the Constitution of the
United States by Federal courts.
(6) Article IV, section 4 of the Constitution of the United
States guarantees each State a republican form of government.
(7) Supreme Court and lower Federal court decisions
striking down local laws on subjects such as religious liberty,
sexual orientation, family relations, education, and abortion
have wrested from State and local governments issues reserved
to the States and the People by the Tenth Amendment to the
Constitution of the United States.
(8) The Supreme Court and lower Federal courts threaten the
republican government of the individual States by replacing
elected government with rule by unelected judges.
(9) Even supporters of liberalized abortion laws have
admitted that the Supreme Court's decisions overturning the
abortion laws of all 50 States are constitutionally flawed
(e.g., Ely, ``The Wages of Crying Wolf: A Comment on Roe v.
Wade'' 82 Yale L.J. 920 (1973)).
(10) Several members of the Supreme Court have admitted
that the Court's Establishment Clause jurisdiction is
indefensible (e.g., Zelamn v. Simmons-Harris, 536 U.S. 639, 688
(2002) (Souter, J., dissenting); Rosenberger v. Rector and
Visitors of the Univ. of Va., 515 U.S. 819, 861 (1995) (Thomas,
J., concurring); Lamb's Chapel v. Center Moriches Union Free
Sch. Dist., 508 U.S. 384, 399 (1993) (Scalia, J., concurring);
and Committee for Public Ed. And Religious Liberty v. Regan,
444 U.S. 646, 671 (1980) (Stevens, J., dissenting)).
(11) Congress has the responsibility to protect the
republican governments of the States and has the power to limit
the jurisdiction of the Supreme Court and the lower Federal
courts over matters that are reserved to the States and to the
People by the Tenth Amendment to the Constitution of the United
States.
SEC. 3. LIMITATION ON JURISDICTION.
The Supreme Court of the United States and each Federal court--
(1) shall not adjudicate--
(A) any claim involving the laws, regulations, or
policies of any State or unit of local government
relating to the free exercise or establishment of
religion;
(B) any claim based upon the right of privacy,
including any such claim related to any issue of sexual
practices, orientation, or reproduction; or
(C) any claim based upon equal protection of the
laws to the extent such claim is based upon the right
to marry without regard to sex or sexual orientation;
and
(2) shall not rely on any judicial decision involving any
issue referred to in paragraph (1).
SEC. 4. REGULATION OF APPELLATE JURISDICTION.
The Supreme Court of the United States and all other Federal
courts--
(1) are not prevented from determining the
constitutionality of any Federal statute or administrative rule
or procedure in considering any case arising under the
Constitution of the United States; and
(2) shall not issue any order, final judgment, or other
ruling that appropriates or expends money, imposes taxes, or
otherwise interferes with the legislative functions or
administrative discretion of the several States and their
subdivisions.
SEC. 5. JURISDICTIONAL CHALLENGES.
Any party or intervener in any matter before any Federal court,
including the Supreme Court, may challenge the jurisdiction of the
court under section 3 or 4 during any proceeding or appeal relating to
that matter.
SEC. 6. MATERIAL BREACHES OF GOOD BEHAVIOR AND REMEDY.
A violation by a justice or a judge of any of the provisions of
section 3 or 4 shall be an impeachable offense, and a material breach
of good behavior subject to removal by the President of the United
States according to rules and procedures established by the Congress.
SEC. 7. CASES DECIDED UNDER ISSUES REMOVED FROM FEDERAL JURISDICTION NO
LONGER BINDING PRECEDENT.
Any decision of a Federal court, to the extent that the decision
relates to an issue removed from Federal jurisdiction under section 3
or 4(2), is not binding precedent on any State court. | We the People Act - Prohibits the Supreme Court and each federal court from adjudicating any claim or relying on judicial decisions involving: (1) state or local laws, regulations, or policies concerning the free exercise or establishment of religion; (2) the right of privacy, including issues of sexual practices, orientation, or reproduction; or (3) the right to marry without regard to sex or sexual orientation where based upon equal protection of the laws.
Allows the Supreme Court and the federal courts to determine the constitutionality of federal statutes, administrative rules, or procedures in considering cases arising under the Constitution. Prohibits the Supreme Court and the federal courts from issuing any ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the states.
Authorizes any party or intervener in matters before any federal court, including the Supreme Court, to challenge the jurisdiction of the court under this Act.
Provides that the violation of this Act by any justice or judge is an impeachable offense and a material breach of good behavior subject to removal.
Negates as binding precedent on the state courts any federal court decision that relates to an issue removed from federal jurisdiction by this Act or otherwise interfering with the legislative functions or administrative discretion of the states. | To limit the jurisdiction of the Federal courts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Regulatory Commission
Reorganization Plan Codification and Complements Act''.
TITLE I--REPLACEMENT OF REORGANIZATION PLAN
SEC. 101. GENERAL FUNCTIONS.
(a) Functions.--Those functions of the Nuclear Regulatory
Commission (in this title referred to as the ``Commission'') concerned
with--
(1) policy formulation;
(2) rulemaking, as defined in section 553 of title 5 of the
United States Code, except that those matters set forth in 553
(a)(2) and (b) which do not pertain to policy formulation
orders or adjudications shall be reserved to the Chairman of
the Commission;
(3) orders and adjudications, as defined in section 551 (6)
and (7) of title 5 of the United States Code; and
(4) approving the distribution of appropriated funds
according to programs and purposes proposed by the Executive
Director for Operations,
shall remain vested in the Commission. A majority of the Commission may
determine, in an area of doubt, whether any matter, action, question,
or area of inquiry pertains to one of these functions. Any member of
the Commission may request such a vote. Any member of the Commission
may propose a policy matter for consideration by the Commission. All
members of the Commission shall have full, unfettered, timely, and
equal access to information pertaining to its functions. The
performance of any portion of these functions may be delegated by the
Commission to a member of the Commission, including the Chairman of the
Commission (in this title referred to as the ``Chairman'') and to the
staff.
(b) Officers and Employees.--
(1) Officers.--With respect to the following officers or
successor officers duly established by statute or by the
Commission, the Chairman shall initiate the appointment,
subject to the approval of the Commission, and the Chairman or
a member of the Commission may initiate an action for removal,
subject to the approval of the Commission by majority vote:
(A) Executive Director for Operations.
(B) Chief and Deputy Chief Financial Officer.
(C) General Counsel.
(D) Director of the Office of Commission Appellate
Adjudication.
(E) Secretary of the Commission.
(F) Director of the Office of Public Affairs.
(G) Director of the Office of Congressional
Affairs.
(H) Director of the Office of International
Programs.
(I) Chief Administrative Judge and members of the
Atomic Safety and Licensing Board Panel.
Any performance evaluation or rating of the officers listed in
subparagraphs (A) through (I) shall be determined by a majority
vote of the members of the Commission.
(2) Replacement of officers.--(A) In the event of a vacancy
in a position described in paragraph (1), the Chairman may
designate an acting officer for a maximum of 60 days, after
which any further extension must be approved by the Commission.
If, at the end of 60 days, the Commission has not approved the
appointment of an officer proposed by the Chairman, or the
Chairman has not proposed one, any Commissioner may initiate
the appointment subject to approval of the Commission.
(B) With respect to the following officers or successor
officers duly established by statute or by the Commission, the
Chairman, after consultation with the Executive Director for
Operations, shall initiate the appointment, subject to the
approval of the Commission, and the Chairman, or a member of
the Commission may initiate an action for removal, subject to
the approval of the Commission by majority vote:
(i) Director of the Office of Nuclear Reactor
Regulation.
(ii) Director of the Office of Nuclear Material
Safety and Safeguards.
(iii) Director of the Office of Nuclear Regulatory
Research.
(iv) Director of the Office of Nuclear Security and
Incident Response.
(v) Director of the Office of New Reactors.
(vi) Director of the Office of Federal and State
Materials and Environmental Management Programs.
(vii) Director of the Office of Investigations.
(viii) Director of the Office of Enforcement.
(3) Appointment of advisory committee on reactor
safeguards.--The Chairman or a member of the Commission shall
initiate the appointment of the Members of the Advisory
Committee on Reactor Safeguards, subject to the approval of the
Commission. The provisions for appointment of the Chairman of
the Advisory Committee on Reactor Safeguards and the term of
the members shall not be affected by the provisions of this
title.
(4) Delegation of staff supervision functions.--The
Commission shall delegate the function of appointing, removing,
and supervising the staff of the following offices or successor
offices to the respective heads of such offices: Executive
Director for Operations, General Counsel, Secretary of the
Commission, Chief Financial Officer, Office of Commission
Appellate Adjudication, Office of Congressional Affairs, Office
of Public Affairs, and Office of International Programs. The
Commission shall delegate the functions of appointing,
removing, and supervising the staff of the following panels and
committee to the respective Chairmen thereof: Atomic Safety and
Licensing Board Panel and Advisory Committee on Reactor
Safeguards.
(c) Commission Member Offices.--Each member of the Commission shall
appoint, remove, and supervise the personnel employed in his or her
immediate office.
(d) Performance of Functions.--The Commission shall act as provided
by section 201(a)(1) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(1)) in the performance of its functions as described in
subsections (a) and (b) of this section.
SEC. 102. CHAIRMAN.
(a) Functions.--Except as otherwise provided in section 101, all
functions of the Commission shall rest with the Chairman. The Chairman
shall be the official spokesman for the Commission and, as such, shall
represent the policies determined by a majority of the Commission.
(b) Additional Functions.--The Chairman shall also be the principal
executive officer of the Commission, and shall be responsible to the
Commission for assuring that the Executive Director for Operations and
the staff of the Commission (other than the officers and staff referred
to in section 101 (b)(4) and (c)) are responsive to the requirements of
the Commission in the performance of its functions; shall determine the
use and expenditure of funds of the Commission, in accordance with the
distribution of appropriated funds according to programs and purposes
approved by the Commission; shall present to the Commission for its
consideration the proposals set forth in paragraph (3); and shall be
responsible for the following functions, which the Chairman shall
delegate, subject to the Chairman's direction and supervision, to the
Executive Director for Operations unless otherwise provided by this
Act:
(1) Administrative functions of the Commission.
(2) Distribution of business among such personnel and among
administrative units and offices of the Commission.
(3) Preparation of proposals for the reorganization of the
major offices of the Commission.
(4) Appointing and removing, without any further action by
the Commission, all officers and employees under the Commission
other than those whose appointment and removal are specifically
provided for by section 101 (b) and (c).
(c) Governing Principles.--
(1) In general.--The Chairman as principal executive
officer and the Executive Director for Operations shall be
governed by the general policies of the Commission and by such
regulatory decisions, findings, and determinations, including
those for reorganization proposals, budget revisions, and
distribution of appropriated funds, as the Commission may by
law, including this title, be authorized to make.
(2) Full and current information.--The Chairman and the
Executive Director for Operations shall have joint
responsibility insuring that the Commission is fully and
currently informed about matters within its functions.
(3) Failure to act in accordance.--If a majority of
Commissioners determine that the Chairman has not acted in
accordance with paragraph (1) or (2), such Commissioners shall
provide written notice of the determination to the President
and provide copies thereof to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
SEC. 103. EMERGENCY AUTHORITY.
(a) In General.--Notwithstanding sections 101 and 102, the Chairman
is authorized to exercise emergency authority described in paragraph
(4), subject to the following limitations:
(1) The Chairman may not exercise emergency authority
unless and until the Chairman declares a specific emergency
exists and, not later than 24 hours after such declaration,
notifies--
(A) the Commission, the Committee on Energy and
Commerce of the House of Representatives, and the
Committee on Environment and Public Works of the
Senate, in writing; and
(B) the public.
(2) The Chairman may only exercise emergency authority in
response to--
(A) an imminent safety threat pertaining to a
facility or materials licensed or regulated by the
Commission; or
(B) a determination by the Secretary of Homeland
Security, the Secretary of Energy, the Secretary of
Transportation, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, or the Director of National Intelligence of an
imminent security threat to a facility or materials
licensed or regulated by the Commission.
Where authority is exercised pursuant to this section, public
notification may be delayed provided that the Chairman
determines that prior public disclosure would constitute a risk
to public health and safety and so notifies the Commission, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Environment and Public
Works of the Senate.
(3) The Chairman may only exercise emergency authority for
the duration of the emergency or 30 days, whichever is less.
The Commission may approve extensions of that time. Each
extension is limited to 30 days and requires notification of
the public, the Committee on Energy and Commerce of the House
of Representatives, and the Committee on Environment and Public
Works of the Senate.
(4) The Chairman's emergency authority includes the
functions of responding to, issuing orders respecting, advising
United States civil authorities and the United States public
about, and directing and coordinating actions relative to such
emergency incident.
(b) Delegation.--The Chairman may delegate the authority to perform
such emergency functions, in whole or in part, to any of the other
members of the Commission. Such authority may also be delegated or
redelegated, in whole or in part, to the staff of the Commission.
(c) Consultation.--To the extent practicable, the Chairman shall
consult with the full Commission on any regulatory or policy actions to
be taken under an emergency. Such consultations shall be exempt from
the requirements of section 552b of title 5, United States Code
(commonly referred to as the ``Government in the Sunshine Act'').
(d) Guidelines and Notice.--In acting under this section, the
Chairman, or other member of the Commission delegated authority under
subsection (b), shall conform to the policy guidelines of the
Commission.
(e) Termination of Emergency.--Upon termination of the emergency,
the Chairman shall immediately notify the Commission, the public, the
Committee on Energy and Commerce of the House of Representatives, and
the Committee on Environment and Public Works of the Senate.
(f) Report.--Within 30 days following the conclusion of the
emergency, the Chairman, or the member of the Commission or member of
the staff delegated the emergency functions under subsection (b), shall
render a complete report of all actions taken during the emergency,
specifically delineating actions taken utilizing the authority provided
in this section, to the Commission, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Environment and Public Works of the Senate.
(g) Commission Procedures.--Not later than 90 days after the date
of enactment of this Act, the Commission shall revise its procedures to
comply with the requirements of this section. Such revision shall
define the roles of the Commissioners during an emergency, specifying--
(1) complete access to records and information relating to
actions taken during the emergency;
(2) complete access to Commission staff involved in the
management of the emergency;
(3) complete access to the location or locations where
decisions are made during the emergency; and
(4) participation in decisions that may affect Commission
actions and policies beyond the response to a particular
emergency to the extent practicable.
SEC. 104. REPORTING.
(a) Delegation; Direct Communication.--The Chairman may make such
delegations and provide for such reporting as the Chairman deems
necessary, subject to provisions of law. Any officer or employee under
the Commission may communicate directly to the Commission, or to any
member of the Commission, whenever in the view of such officer or
employee a critical problem, or matter of public health and safety or
common defense and security, is not being properly addressed.
(b) Executive Director for Operations.--The Executive Director for
Operations shall report for all matters to the Chairman.
(c) Functions.--The Directors of Nuclear Reactor Regulations,
Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research
shall report to the Executive Director for Operations.
(d) Direct Reporting.--The heads of the Commission level offices or
successor offices, of General Counsel, Secretary of the Commission,
Commission Appellate Adjudication, Congressional Affairs, Public
Affairs, International Programs, Atomic Safety and Licensing Board
Panel, and Advisory Committee on Reactor Safeguards shall report
directly to the Commission and the Commission shall receive such
reports.
SEC. 105. RESCISSION OF REORGANIZATION PLAN APPROVAL.
Approval of Reorganization Plan No. 1 of 1980 (5 U.S.C. App. 1) is
rescinded.
TITLE II--MISCELLANEOUS
SEC. 201. CERTIFICATION OF DOCUMENTS TRANSMITTED TO CONGRESS.
A letter or other document transmitted by the Nuclear Regulatory
Commission, on behalf of the full Commission, to a member of Congress
in his or her capacity as chairman or ranking minority member of a
Committee of Congress, shall include a certification that the letter or
document is being sent to both the Chairman and ranking minority member
of that Committee in accordance with established Commission procedures.
SEC. 202. TIME LIMITS FOR COMMISSION REVIEW OF ATOMIC SAFETY AND
LICENSING BOARD DECISIONS.
When reviewing the decisions and actions of the Atomic Safety and
Licensing Board, the Commission shall follow the following procedures:
(1) Each Commissioner shall vote on the matter not later
than 90 days after receipt of final briefs, after which time
the Commission shall not further delay a decision. Once a
majority position is established, the Secretary shall notify in
writing any Commissioners who have not voted that a majority
position has been established. Any Commissioners who have not
yet voted shall vote within three days of the Secretary's
notice or be considered by the Secretary as not participating.
(2) Not later than 30 days after a majority position is
established, the Commission shall publish any resulting
decision, including adjudicatory orders and direction to agency
staff. If a majority position is not established due to a tied
vote, not later than 30 days after Commission voting is
complete, the Commission shall publish any resulting decision,
including adjudicatory orders and direction to agency staff.
SEC. 203. ALLEGATIONS OF WRONGDOING.
(a) Referral to Inspector General.--Not later than 90 days after
the date of enactment of this Act, the Nuclear Regulatory Commission
shall revise its procedures to ensure that any allegation of wrongdoing
on the part of the Chairman of the Commission is immediately referred
to the Inspector General of the Commission.
(b) Supervision of Inspector General.--During the pendency of any
investigation by the Inspector General of the Chairman with respect to
an allegation described in subsection (a), the Chairman shall delegate
responsibility for supervising the Inspector General to a member of the
Commission other than the Chairman, consistent with the Inspector
General Act of 1978.
SEC. 204. APPROVAL OF COMMISSIONER TRAVEL.
The Chairman of the Nuclear Regulatory Commission shall authorize
all international travel requested by other members of the Commission
for official business unless the Chairman submits a notice of
disapproval to the full Commission specifying the basis for the
disapproval. The notice of disapproval shall be submitted within 5 days
after the travel is requested or the travel shall be deemed approved.
SEC. 205. IMPLEMENTATION.
Except as otherwise specified in this Act, the Commission shall
revise its procedures to conform to this Act within 180 days of its
date of enactment. | Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act - Codifies and expands the Reorganization Plan No. 1 of 1980 governing the administration of the Nuclear Regulatory Commission (NRC). Identifies approval of the distribution of appropriated funds according to programs and purposes proposed by the Executive Director for Operations, in addition to functions concerned with policy formulation, rule making, and orders and adjudications, as functions that remain vested in the Commission. Revises provisions of such Reorganization Act relating to: (1) the appointment and replacement of NRC officers and employees, (2) the role of the NRC Chairman, (3) the scope of the emergency authority of the NRC Chairman, and (4) NRC reporting procedures. Sets forth NRC policy with respect to: (1) certification of documents transmitted to Congress, (2) time limits for review of Atomic Safety and Licensing Board decisions and actions, (3) allegations of wrongdoing on the part of the NRC Chairman, and (4) approval of international travel requests by NRC members. | Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) There are approximately 100,000,000 unexploded
antipersonnel landmines strewn in more than 60 countries around
the world, and tens of millions of antipersonnel landmines are
stored in stockpiles. The Department of State reports that
``landmines may be the most toxic and widespread pollution
facing mankind''.
(2) Like chemical and biological weapons, landmines kill
and maim indiscriminately.
(3) After the United States adopted a unilateral moratorium
on the export of antipersonnel landmines, the United Nations
General Assembly unanimously called for an international
moratorium on such exports, and the Governments of France,
Germany, Greece, Belgium, the Netherlands, Poland, Slovakia,
and South Africa have announced export moratoria. The
Government of Cambodia has stated that it will no longer use or
purchase antipersonnel landmines.
(4) Despite such actions, far more antipersonnel landmines
are being strewn than are being cleared. Each month, at least
1,200 persons, mostly innocent civilians, are killed or injured
by landmines. In some countries, more than one third of all
casualties of antipersonnel landmines are women and children.
(5) With hundreds of types of antipersonnel landmines being
produced in at least 50 countries, only international
cooperation on limits on the production, possession, transfer,
and use of antipersonnel landmines will stop the slaughter of
innocent lives.
(6) A United Nations conference to review the 1980
Conventional Weapons Convention, including Protocol II to the
Convention (otherwise known as the Landmine Protocol), is
planned for 1995. Meetings of governmental experts to prepare
for the conference have begun. This is a critical time for
United States leadership to help solve the landmine crisis.
SEC. 2. POLICY.
It is the sense of Congress that the President should--
(1) actively seek an international agreement prohibiting
the production, possession, transfer, and use of antipersonnel
landmines; and
(2) as interim measures to be pursued during the seeking of
such prohibitions, actively seek international agreements,
modifications of the 1980 Conventional Weapons Convention, or
other agreements or arrangements to limit further the
production, possession, transfer, and use of antipersonnel
landmines.
SEC. 3. MORATORIUM ON THE PRODUCTION AND PROCUREMENT OF ANTIPERSONNEL
LANDMINES.
(a) Sense of Congress.--It is the sense of Congress that a
moratorium by the United States on the purchase and production of
antipersonnel landmines would encourage other nations to adopt similar
measures.
(b) Moratorium.--Effective 90 days after the date of the enactment
of this Act, the United States Government shall not purchase or produce
antipersonnel landmines.
(c) Period of Moratorium.--The prohibition set forth in subsection
(b) shall continue until the end of the one-year period beginning on
the date of the enactment of this Act.
(d) Actions by Other Nations.--(1) The Congress urges the
President, during the period referred to in subsection (c), to
encourage each nation which is a major producer of antipersonnel
landmines to adopt a moratorium similar to the moratorium described in
subsection (b).
(2) If the President determines during the period referred to in
subsection (c) that nations that are major producers of antipersonnel
landmines have adopted moratoria similar to the moratorium described in
subsection (b), the President may extend the moratorium for such
additional time as the President considers appropriate.
(3) For the purposes of this subsection, the term ``major producers
of antipersonnel landmines'' shall include the following:
(A) Belgium.
(B) Bulgaria.
(C) The Peoples Republic of China.
(D) Egypt.
(E) France.
(F) Germany.
(G) Hungary.
(H) Italy.
(I) Pakistan.
(J) Russia.
(K) South Africa.
(L) The United Kingdom.
SEC. 4. AUTHORIZATION OF FUNDS FOR DEMINING ACTIVITIES.
Of the funds authorized by an Act authorizing appropriations for
military activities of the Department of Defense, $10,000,000 are
authorized to support humanitarian activities relating to the clearing
and disarming of landmines and the protection of civilians from
landmines (including activities relating to the furnishing of
education, training, technical assistance, demining equipment and
technology and activities relating to research and development on
demining equipment and technology) and for contributions to United
Nations agencies and programs and to nongovernmental organizations to
support such activities, and $10,000,000 are authorized for efforts to
improve landmine detection and neutralization.
SEC. 5. ANALYSIS AND ASSESSMENT OF COSTS AND EFFECTS OF ANTIPERSONNEL
LANDMINES.
(a) Analysis.--(1) Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Agency for
International Development and the Secretary of State shall jointly
submit to Congress a joint report containing a quantitative and
qualitative analysis of the social, economic, and environmental costs
and effects of the use of antipersonnel landmines.
(2) The analysis shall cover not less than three countries (as
jointly determined by the Administrator and the Secretary) in which the
presence of landmines presents significant social, economic, and
environmental problems.
(3) In preparing the report, the Administrator and the Secretary
shall rely on any appropriate governmental and nongovernmental
materials and sources of information that are available to them.
(b) Assessment.--(1) The Secretary of Defense shall submit to
Congress a report setting forth the total number of members of the
United States Armed Forces killed or wounded by antipersonnel landmines
during each of the following periods:
(A) World War II.
(B) The Korean conflict.
(C) The Vietnam era.
(D) The Persian Gulf War.
(2) The Secretary of Defense shall submit the report under this
subsection at the same time that the report required under subsection
(a) is submitted.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``antipersonnel landmine'' means any of the
following:
(A) Any munition placed under, on, or near the
ground or other surface area, delivered by artillery,
rocket, mortar, or similar means, or dropped from an
aircraft and which is designed, constructed, adapted,
or designed to be adapted to be detonated or exploded
by the presence, proximity, or contact of a person.
(B) Any device or material which is designed,
constructed, adapted, or designed to be adapted to kill
or injure and which functions unexpectedly when a
person disturbs or approaches an apparently harmless
object or performs an apparently safe act.
(2) The term ``1980 Conventional Weapons Convention'' means
the 1980 Conventional Weapons Convention on Production or
Restrictions on the Use of Certain Conventional Weapons Which
May Be Deemed To Be Excessively Injurious or To Have
Indiscriminate Effects, done at New York on April 10, 1981. | Expresses the sense of the Congress that the President should actively seek: (1) an international agreement prohibiting the production, possession, transfer, and use of antipersonnel landmines; and (2) in the interim, international agreements to further limit the production, possession, transfer, and use of such landmines.
Expresses the sense of the Congress that a U.S. moratorium on the purchase and production of such landmines would encourage other nations to adopt similar measures. Establishes such moratorium for a one-year period beginning 90 days after enactment of this Act. Calls for the President to urge other nations to adopt such a moratorium. Allows the moratorium to be extended. Earmarks funds authorized under the current Department of Defense Authorization Act for improving landmine detection and neutralization.
Directs the Administrator of the Agency for International Development and the Secretary of State to jointly submit to the Congress a report containing an analysis of the social, economic, and environmental costs and effects of the use of antipersonnel landmines.
Directs the Secretary of Defense to report to the Congress on the total number of U.S. military personnel killed or wounded by such landmines during World War II, the Korean conflict, the Vietnam era, and the Persian Gulf War. | A bill to state the sense of Congress on the production, possession, transfer, and use of anti-personnel landmines, to place a moratorium on United States production of anti-personnel landmines, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Spending and Taxpayer
Accessibility Act of 2008''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Taxpayers deserve to know how their tax money is spent
by the Federal Government.
(2) The Office of Management and Budget has developed a
single, searchable Internet website of Government grants and
contracts, accessible free of charge by the public.
(3) The Office of Management and Budget, through its
Program Assessment Rating Tool (PART) system, identified that
almost 25 percent of Federal programs it reviewed either were
ineffective or their effectiveness could not be determined.
(4) Billions of dollars are lost each year through fraud,
waste, abuse, and mismanagement among the hundreds of programs
in the Federal Government.
(5) Taxpayers work on average more than 2 months of every
year to pay for the operations of the Federal Government.
(b) Purposes.--The purposes of this Act are--
(1) to bring more transparency to the spending habits of
the Federal Government;
(2) to help taxpayers understand how the Federal Government
spends the money they send to Washington, DC;
(3) to provide for better accountability in the Federal
budget and appropriations process;
(4) to give taxpayers an easy and accessible way to see how
their money is being spent; and
(5) to increase the participation of citizens in their
Government.
SEC. 3. EARMARK TRACKING WEBSITE.
(a) Internet Website.--
(1) In general.--Not later than January 1, 2009, the
Congressional Research Service shall create a single
operational searchable Internet website, accessible free of
charge by the public, that allows the user to search
information on each Federal earmark, including--
(A) the name and location of the intended recipient
of the earmark,
(B) the total dollar amount of the earmark,
(C) the Member of Congress who sponsored or
requested the earmark, and
(D) the status of the bill to which the earmark is
attached.
(2) Scope of data.--The Internet website established under
this subsection shall include data for fiscal years after
fiscal year 2007.
(3) Timeliness of information.--The Congressional Research
Service shall update the Internet website established under
this subsection as soon as any bill or report containing an
earmark has been passed or reported by the Senate or the House
of Representatives or any committee thereof.
(b) Definitions.--
(1) Earmark.--For purposes of this section, the term
``earmark'' means a congressionally directed spending item, a
limited tax benefit, or a limited tariff benefit.
(A) Congressionally directed spending item.--For
purposes of this paragraph, the term ``congressionally
directed spending item'' means a provision or report
language included primarily at the request of a Member
of Congress providing, authorizing, or recommending a
specific amount of discretionary budget authority,
credit authority, or other spending authority for a
contract, loan, loan guarantee, grant, loan authority,
or other expenditure with or to an entity, or targeted
to a specific State, locality or Congressional
district, other than through a statutory or
administrative formula-driven or competitive award
process.
(B) Limited tax benefit.--For purposes of this
paragraph, the term ``limited tax benefit'' means any
revenue provision that--
(i) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue Code
of 1986; and
(ii) contains eligibility criteria that are
not uniform in application with respect to
potential beneficiaries of such provision.
(C) Limited tariff benefit.--For purposes of this
paragraph, the term ``limited tariff benefit'' means a
provision modifying the Harmonized Tariff Schedule of
the United States in a manner that benefits 10 or fewer
entities.
(2) Recipient.--For purposes of this section, the term
``recipient'' means the entity designated to receive the
earmark.
(3) Searchable internet website.--For purposes of this
section, the term ``searchable Internet website'' means an
Internet website that allows members of the public--
(A) to search and aggregate Federal funding for any
earmark passed or reported by the Senate or the House
of Representatives or any committee thereof, as well as
an overall total by any method required by subsection
(a)(1);
(B) to ascertain through a single search the total
number and total dollar amount of earmarks provided to
a single recipient;
(C) to ascertain through a single search the total
number and total dollar amount of earmarks sponsored or
requested by each United States Senator, Member of the
House of Representatives, including Delegates and
Resident Commissioners, and the President of the United
States; and
(D) to ascertain through a single search the total
number and total dollar amount of earmarks and earmark
recipients located in each State and territory of the
United States.
(c) Notification of Delay.--The Director of the Congressional
Research Service shall, upon making a determination that the Internet
website established under subsection (a)(1) will not be operational by
January 1, 2009, immediately notify the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Government
Reform of the House of Representatives of such determination and shall
provide the reason for the delay.
(d) Reports.--
(1) In general.--Not later than the date that is 1 year
after the date on which the Internet website established under
subsection (a)(1) becomes operational, the Director of the
Congressional Research Service shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives a report on the implementation of such website,
including data regarding the usage of and public feedback on
the utility of the website and any recommendations for
improving the presentation of the data.
(2) Publication.--The Congressional Research Service shall
make each report submitted under paragraph (1) publicly
available on the Internet website established under subsection
(a).
(e) Classified Information.--Nothing in this section shall require
the disclosure of classified information.
(f) Government Accountability Office Report.--Not later than June
1, 2009, the Comptroller General of the United States shall submit to
Congress a report on compliance with the requirements of this section.
SEC. 4. PROVIDING INFORMATION TO TAXPAYERS.
(a) Provision of Statement Upon Request.--Beginning not later than
October 1, 2009, the Secretary of the Treasury shall provide upon the
request of an eligible individual a taxpayer account statement for such
individual.
(b) Taxpayer Account Statement.--The taxpayer account statement
required under subsection (a) shall include--
(1) the aggregate amount of individual Federal income tax
paid by the eligible individual under chapter 1 of subtitle A
of the Internal Revenue Code of 1986 in all previous taxable
years, and
(2) an estimate of the aggregate amount of such income tax
that such individual will have paid as of the projected date of
the normal retirement of such individual.
(c) Eligible Individual.--For purposes of this section, the term
``eligible individual'' means an individual who--
(1) has a valid social security number issued by the Social
Security Administration.
(2) is age 25 or over,
(3) has filed a return of tax in any previous taxable year,
and
(4) has had net income tax liability which is greater than
zero in any previous taxable year.
(d) Notice.--The Secretary of the Treasury shall, to the maximum
extent practicable, take such steps as are necessary to assure that
eligible individuals are informed of the availability of the statement
required under subsection (a).
(e) Mandatory Provision of Initial Statements.--By not later than
September 30, 2014, the Secretary of the Treasury shall provide a
taxpayer account statement to each eligible individual for whom a
current mailing address can be determined. The Secretary shall provide
with each such statement notice that an updated version of such
statement is available annually upon request.
SEC. 5. ADDITIONAL DISCLOSURE OF FEDERAL GOVERNMENT EXPENDITURES.
(a) Additional Disclosure.--
(1) In general.--Not later than January 1, 2010, the
Director of the Office of Management and Budget shall include
the financial outlays of all Federal agencies on the Internet
website established by the Federal Funding Accountability and
Transparency Act of 2006.
(2) Internet website.--The information added to the
Internet website under paragraph (1) shall--
(A) allow the user at least 2 different methods of
searching and aggregating the financial outlays of all
Federal agencies, including--
(i) searching by agency obligation and
object class; and
(ii) searching by budget function and
subfunction; and
(B) allow the user to download any data received as
the product of a search.
(b) Agency Responsibilities.--All Federal agencies shall comply
with instructions and guidance issued by the Director of the Office of
Management and Budget and shall provide appropriate assistance to the
Director upon request in the addition to the Internet website of the
information required under subsection (a).
(c) Scope of Data.--The information added to the Internet website
under subsection (a) shall include data for fiscal years after fiscal
year 2008.
(d) Financial Outlay.--For purposes of this section, the term
``financial outlay'' means any payment to liquidate an obligation
(other than the repayment of debt principal) that is greater than
$25,000.
(e) Notification of Delay.--The Director of the Office of
Management and Budget shall, upon making a determination that the
information required to be added to the Internet website under
subsection (a) will not be complete by January 1, 2010, immediately
notify the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Government Reform of the House of
Representatives of such determination and shall provide the reason for
the delay.
(f) Report.--
(1) In general.--Not later than the date that is 6 months
after the date on which the information required under
subsection (a) has been added to the Internet website described
in such subsection, the Director of the Office of Management
and Budget shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives a report on
the addition of the information added under subsection (a),
including data regarding the usage of and public feedback on
the utility of the Internet website and any recommendations for
improving data quality and collection.
(2) Publication.--The Director of the Office of Management
and Budget shall make the report submitted under paragraph (1)
publicly available on the Internet website established by the
Federal Funding Accountability and Transparency Act of 2006.
(g) Classified Information.--Nothing in this section shall require
the disclosure of classified information.
(h) Government Accountability Office Report.--Not later than
January 1, 2011, the Comptroller General of the United States shall
submit to Congress a report on compliance with the requirements of this
section. | Federal Spending and Taxpayer Accessibility Act - Directs the Congressional Research Service (CRS) to create a free public Internet website that includes data for fiscal years after FY2007 and allows the user to search specified information on each federal earmark, including the intended recipient, total dollar amount, the sponsoring Member of Congress, and the status of the bill to which it is attached.
Requires the Secretary of the Treasury to provide, upon an eligible individual's request, his or her taxpayer account statement.
Requires the Director of the Office of Management and Budget (OMB) to include the financial outlays exceeding $25,000 of all federal agencies for fiscal years after FY2008 on the Internet website established by the Federal Funding Accountability and Transparency Act of 2006.
Declares that nothing in this Act shall require the disclosure of classified information. | A bill to provide increased accessibility to information on Federal spending, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Gas Energy and Alternatives
Rewards Act'' or the ``NGEAR Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish clean energy policies
that--
(1) provide market certainty to drive private and
commercial capital investment in clean energy options;
(2) promote clean energy technologies that will--
(A) lead to increased production, diversity, and
dissemination of energy generation; and
(B) enable the United States to bridge the gap from
foreign energy imports to secure, domestically produced
energy; and
(3) contain clean energy incentives that will--
(A) provide for ongoing increases in energy
demands;
(B) support the growth of jobs and businesses in
America; and
(C) reduce vehicular petroleum use and emissions.
SEC. 3. EXTENSION OF ALTERNATIVE FUELS EXCISE TAX CREDITS.
(a) In General.--Sections 6426(d)(5) and 6426(e)(3) of the Internal
Revenue Code of 1986 are each amended by striking ``December 31, 2011
(September 30, 2014, in the case of any sale or use involving liquefied
hydrogen)'' and inserting ``December 31, 2016''.
(b) Conforming Amendments for Direct Payments.--Paragraph (6) of
section 6427(e) of the Internal Revenue Code of 1986 is amended--
(1) by adding ``and'' at the end of subparagraph (B), and
(2) by striking subparagraphs (C) and (D) and inserting the
following new subparagraph:
``(C) any alternative fuel or alternative fuel
mixture (as defined in subsection (d)(2) or (e)(3) of
section 6426) sold or used after December 31, 2016.''.
(c) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2011.
SEC. 4. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY CREDIT.
(a) In General.--Paragraph (1) of section 30C(g) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) in the case of property of a character subject to an
allowance for depreciation, after December 31, 2016, and''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2011.
SEC. 5. NATURAL GAS ENERGY AND ALTERNATIVES REBATES PROGRAM.
Section 400CC of the Energy Policy and Conservation Act (42 U.S.C.
6374b) is amended to read as follows:
``SEC. 400CC. ALTERNATIVE FUELS BUS PROGRAM.
``(a) Definitions.--In this section:
``(1) Alternative fuel.--The term `alternative fuel' means
natural gas, liquid petroleum gas, hydrogen, or fuel cell.
``(2) Alternatively fueled bus.--The term `alternatively
fueled bus' means--
``(A) a school bus (as defined in section 390.5 of
title 49, Code of Federal Regulations) that operates on
alternative fuel;
``(B) a multifunction school activity bus (as
defined in section 571.3 of title 49, Code of Federal
Regulations) that operates on alternative fuel; or
``(C) a motor vehicle that--
``(i) provides public transportation (as
defined in section 5302(a)(10) of title 49,
United States Code); and
``(ii) operates on alternative fuel.
``(3) Eligible entity.--The term eligible entity means--
``(A) a public or private entity providing
transportation exclusively for school students,
personnel, and equipment; or
``(B) a public entity providing mass transit
services to the public.
``(b) Rebate Program.--
``(1) In general.--The Secretary of Transportation shall
establish the Natural Gas Energy and Alternatives Rebates
Program (referred to in this section as the `NGEAR Program') to
subsidize the purchase of alternatively fueled buses by
eligible entities.
``(2) Amounts.--An eligible entity that purchases an
alternatively fueled bus during the period beginning on the
date of the enactment of the NGEAR Act and ending on December
31, 2016, is eligible to receive a rebate from the Department
of Transportation in an amount equal to the lesser of--
``(A) 30 percent of the purchase price of the
alternatively fueled bus; or
``(B) $15,000.
``(3) Application.--Eligible entities desiring a rebate
under this subsection shall submit an application to the
Secretary of Transportation that contains copies of relevant
sales invoices and any additional information that the
Secretary of Transportation may require.''. | Natural Gas Energy and Alternatives Rewards Act or the NGEAR Act - Amends the Internal Revenue Code to extend through 2016: (1) the excise tax credits for alternative fuels and alternative fuel mixtures; and (2) the tax credit for depreciable property used for alternative fuel vehicle refueling, including property relating to hydrogen.
Amends the Energy Policy and Conservation Act to direct the Secretary of Transportation (DOT) to establish a rebate program through 2016 for the purchase of alternatively fueled buses by: (1) a public or private entity providing transportation exclusively for school students, personnel, and equipment; or (2) a public entity providing mass transit services to the public. Allows such entities a rebate equal to the lesser of 30% of the purchase price of such a bus or $15,000. | A bill to promote the domestic development and deployment of natural gas and clean energy technologies. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Andrew Carnegie Libraries for
Lifelong Learning Act''.
SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT.
The Library Services and Technology Act (20 U.S.C. 9121 et seq.) is
amended--
(1) by redesignating chapter 3 as chapter 4; and
(2) by inserting after chapter 2 the following:
``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT
``SEC. 241. GRANTS TO STATES FOR PUBLIC LIBRARY CONSTRUCTION AND
TECHNOLOGY ENHANCEMENT.
``(a) In General.--From amounts appropriated under section 244 the
Director shall carry out a program of awarding grants to States that
have a State plan approved under section 224 for the construction or
technology enhancement of public libraries.
``(b) Definitions.--In this chapter:
``(1) Construction.--
``(A) In general.--The term `construction' means--
``(i) construction of new buildings;
``(ii) the acquisition, expansion,
remodeling, and alteration of existing
buildings;
``(iii) the purchase, lease, and
installation of equipment for any new or
existing buildings; or
``(iv) any combination of the activities
described in clauses (i) through (iii),
including architect' fees and the cost of
acquisition of land.
``(B) Special rule.--Such term includes remodeling
to meet standards under the Act entitled `An Act to
insure that certain buildings financed with Federal
funds are so designed and constructed as to be
accessible to the physically handicapped', approved
August 12, 1968 (42 U.S.C. 4151 et seq.), commonly
known as the `Architectural Barriers Act of 1968',
remodeling designed to ensure safe working environments
and to conserve energy, renovation or remodeling to
accommodate new technologies, and the purchase of
historic buildings for conversion to public libraries.
``(2) Equipment.--The term `equipment' means--
``(A) information and building technologies, video
and telecommunications equipment, machinery, utilities,
built-in equipment, and any necessary enclosures or
structures to house the technologies, equipment,
machinery or utilities; and
``(B) all other items necessary for the functioning
of a particular facility as a facility for the
provision of library services.
``(3) Public library.--The term `public library' means a
library that serves free of charge all residents of a
community, district, or region, and receives its financial
support in whole or in part from public funds. Such term also
includes a research library, which, for the purposes of this
sentence, means a library, which--
``(A) makes its services available to the public
free of charge;
``(B) has extensive collections of books,
manuscripts, and other materials suitable for scholarly
research which are not available to the public through
public libraries;
``(C) engages in the dissemination of humanistic
knowledge through services to readers, fellowships,
educational and cultural programs, publication of
significant research, and other activities; and
``(D) is not an integral part of an institution of
higher education.
``(4) Technology enhancement.--The term `technology
enhancement' means the acquisition, installation, maintenance,
or replacement, of substantial technological equipment
(including library bibliographic automation equipment)
necessary to provide access to information in electronic and
other formats made possible by new information and
communications technologies.
``(c) Applicability.--Except as provided in section 243, the
provisions of this subtitle (other than this chapter) shall not apply
to this chapter.
``SEC. 242. USES OF FEDERAL FUNDS.
``(a) In General.--A State shall use funds appropriated under
section 244 to pay the Federal share of the cost of construction or
technology enhancement of public libraries.
``(b) Federal Share.--
``(1) In general.--For the purposes of subsection (a), the
Federal share of the cost of construction or technology
enhancement of any project assisted under this chapter shall
not exceed one-half of the total cost of the project.
``(2) Non-federal share.--The non-Federal share of the cost
of construction or technology enhancement of any project
assisted under this chapter may be provided from State, local
or private sources, including for-profit and nonprofit
organizations.
``(c) Special Rule.--If, within 20 years after completion of
construction of any public library facility that has been constructed
in part with grant funds made available under this chapter--
``(1) the recipient of the grant funds (or its successor in
title or possession) ceases or fails to be a public or
nonprofit institution, or
``(2) the facility ceases to be used as a library facility,
unless the Director determines that there is good cause for
releasing the institution from its obligation,
the United States shall be entitled to recover from such recipient (or
successor) an amount which bears the same ratio to the value of the
facility at that time (or part thereof constituting an approved project
or projects) as the amount of the Federal grant bore to the cost of
such facility (or part thereof). The value shall be determined by the
parties or by action brought in the United States district court for
the district in which the facility is located.
``SEC. 243. DESCRIPTION INCLUDED IN STATE PLAN.
``Any State desiring to receive a grant under this chapter for any
fiscal year shall submit, as a part of the State plan under section
224, a description of the public library construction or technology
enhancement activities to be assisted under this chapter.
``SEC. 244. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$200,000,000 for fiscal year 2000 and each of the 4 succeeding fiscal
years.''. | Andrew Carnegie Libraries for Lifelong Learning Act - Amends the Library Services and Technology Act to require the Director of the Institute of Museum and Library Services to carry out a program of awarding grants to States for the construction or technology enhancement of public libraries. Authorizes appropriations. | Andrew Carnegie Libraries for Lifelong Learning Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Drone Safety Act''.
SEC. 2. SAFETY REQUIREMENTS FOR OPERATION OF CONSUMER DRONES.
(a) Rulemaking.--For the purpose of allowing consumer drones to be
operated without posing a danger to manned aircraft, the Administrator
shall publish a final rule not later than 18 months after the date of
the enactment of this Act containing safety requirements applicable to
the operation of consumer drones.
(b) Applicability.--The final rule required by subsection (a) shall
apply to consumer drones that--
(1) are flown for hobby or recreational use; and
(2) are not operated in accordance with a community-based
set of safety guidelines and within the programming of a
nationwide community-based organization.
(c) Requirements.--The final rule required by subsection (a) shall
include--
(1) a maximum altitude above ground level for flight of
consumer drones;
(2) circumstances or areas where flights are restricted
because of the risk of unsafe interactions with manned
aircraft, such as within an unsafe distance from an airport or
in the flight path of a manned aircraft;
(3) circumstances or areas where flights are restricted
because of the risk to persons or property on the ground, such
as within an unsafe distance from urban areas, residential
areas, electrical infrastructure, transportation
infrastructure, amusement parks, or public areas where
spectators are present;
(4) conditions that may require limitations on flight, such
as weather or time of day; and
(5) any other requirement that the Administrator determines
is necessary to minimize the risk that a consumer drone will
collide with a manned aircraft or otherwise endanger the safety
of the national airspace system or persons and property on the
ground.
SEC. 3. SAFETY REQUIREMENTS FOR MANUFACTURERS OF CONSUMER DRONES.
(a) Rulemaking.--Not later than 18 months after the date of the
enactment of this Act, the Administrator shall publish a final rule
containing safety requirements applicable to consumer drones
manufactured in, imported into, or sold in the United States.
(b) Requirements.--The final rule required by subsection (a) shall
include--
(1) limitations on altitude for consumer drones, whether
through software or other technological means;
(2) a means of preventing unauthorized operation within an
unsafe distance from an airport or in protected airspace;
(3) a system that, through sensors and software or other
similar means, enables avoidance of collisions;
(4) a technological means to maintain safety in the event
that a communications link between a consumer drone and its
operator is lost or compromised, such as by ensuring that the
drone autonomously lands safely in a particular location;
(5) a requirement that a consumer drone be detectable and
identifiable to pilots and air traffic controllers, including
through the use of an identification number and a transponder
or similar technology to convey the drone's location and
altitude;
(6) a means to prevent tampering with or modification of
any system, limitation, or other safety mechanism required by
the Administrator under this section or any other provision of
law, including a means to identify any tampering or
modification that has been made;
(7) educational materials to be provided to a consumer who
purchases a consumer drone; and
(8) such other requirements as the Administrator considers
necessary to ensure the safety of the national airspace system.
(c) Updating Existing Consumer Drones.--
(1) In general.--The final rule required by subsection (a)
shall require modification, at the manufacturer's expense, of
any consumer drone that was commercially distributed before the
publication of the rule so that, to the greatest extent
practicable, such consumer drones meet the requirements
prescribed under the rule.
(2) Requirements for consumer drones that cannot be fully
updated.--If any consumer drone cannot be modified as described
in paragraph (1), the Administrator may authorize the operation
of the consumer drone in accordance with subsection (d).
(3) Notification.--The final rule required by subsection
(a) shall include provisions to publicize and notify the owners
of consumer drones of the modifications required by paragraph
(1) and of the manufacturer's responsibility to pay for the
modifications.
(d) Limited Exemptions Permitted.--In the final rule required by
subsection (a), the Administrator may exempt a type of consumer drone,
by virtue of its size, weight, operational capabilities, technological
capabilities, or other characteristic, from a requirement under
subsection (b) only if--
(1) complying with that requirement is technologically
infeasible or cost-prohibitive for the type of consumer drone;
(2) exempting the type of consumer drone from the
requirement does not create a hazard to users of the national
airspace system or the public or pose a threat to national
security;
(3) the Administrator establishes requirements for the safe
operation of the consumer drone in the national airspace
system; and
(4) the Administrator makes a determination under section
4(b) with respect to such exemption.
SEC. 4. SAFETY DETERMINATION REQUIRED TO AUTHORIZE OPERATION OF
CONSUMER DRONES.
(a) Codification of Existing Federal Aviation Administration
Policy.--No person may operate a consumer drone in the national
airspace system without specific authority from the Federal Aviation
Administration.
(b) Safety Determination Required Before Issuance of Specific
Authority.--The Administrator may not provide any form of specific
authority for the operation of a consumer drone in the national
airspace system without--
(1) making a determination, following an evaluation of all
foreseeable safety or operational risks, including risks
arising from potential malfunctions, that providing such
authority does not endanger the safety of the national airspace
system or any individual; and
(2) documenting that determination and the reasons for that
determination in writing.
(c) Rule of Construction.--Nothing in this section shall be
construed to terminate any specific authority provided by the
Administrator.
SEC. 5. CLARIFICATIONS OF AGENCY AUTHORITY.
(a) Clarification of Enforcement Authority.--
(1) Civil penalties.--The Administrator may impose a civil
penalty under section 46301 of title 49, United States Code,
for a violation of this Act or a regulation prescribed or order
or specific authority issued under this Act in the same manner
and to the same extent as the Administrator may impose a
penalty under such section 46301 for a violation of chapter 447
of such title (other than a violation of sections 44719 through
44723 of such chapter).
(2) Rule of construction with respect to existing
authority.--Nothing in this subsection shall be construed to
limit the authority of the Administrator to pursue an
enforcement action for a violation of this Act, a regulation
prescribed or order or authority issued under this Act, or any
other applicable provision of law or regulation.
(b) Sunset of Prior Specific Authority.--Beginning on the date that
is 120 days after the date of the enactment of this Act, Federal
Aviation Administration Advisory Circular 91-57, issued June 9, 1981,
shall not be construed to authorize the operation of any consumer drone
for recreational or hobby purposes that does not comply with the
standards specified in paragraphs (1) through (5) of section 336(a) of
the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
(c) Import Enforcement.--The Commissioner of U.S. Customs and
Border Protection may use existing authority to enforce restrictions on
the importation of consumer drones into the United States pursuant to
the final rule required by section 3(a).
(d) Rule of Construction.--Nothing in this Act shall be construed
to limit the authority of the Administrator to regulate the operation
of consumer drones or to pursue enforcement action against persons
operating consumer drones who endanger the safety of the national
airspace system.
SEC. 6. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Automatic stabilization system.--
(A) In general.--The term ``automatic stabilization
system'' means any system that has the capability to
maintain stable flight (such as maintaining hover
altitude, heading, or altitude control) without an
operator providing control input, such as a system that
coordinates the operation of any combination of--
(i) elements of the propulsion system of an
aircraft, including any rotor or propeller; or
(ii) the flight control surfaces of an
aircraft, including any aileron, elevator,
rudder, spoiler, flap, slat, or air brake.
(B) Inclusion.--Any rotorcraft utilizing 4 rotors
and any aircraft that is capable of autonomous flight
shall be considered to be using an automatic
stabilization system.
(3) Civil.--The term ``civil'', with respect to an unmanned
aircraft system, means that the unmanned aircraft is not a
public aircraft (as defined in section 40102 of title 49,
United States Code).
(4) Consumer drone.--
(A) In general.--The term ``consumer drone'' means
a civil unmanned aircraft or a civil unmanned aircraft
system that--
(i) is--
(I) equipped with an automatic
stabilization system; or
(II) capable of providing a video
signal allowing operation beyond the
visual line of sight of the operator;
(ii) is manufactured and intended for
commercial distribution; and
(iii) weighs 55 pounds or less or is
certified as described in section 336(a)(3) of
the FAA Modernization and Reform Act of 2012
(Public Law 112-95; 49 U.S.C. 40101 note).
(B) Inclusion.--The term ``consumer drone''
includes a kit of component parts that would be a
consumer drone if the kit were assembled prior to
commercial distribution.
(5) Nationwide community-based organization.--The term
``nationwide community-based organization'' means a membership-
based association that--
(A) represents the aeromodeling community within
the United States;
(B) provides its members a comprehensive set of
safety guidelines that underscore safe aeromodeling
operations within the national airspace system and the
protection and safety of the general public on the
ground;
(C) develops and maintains mutually supportive
programming with educational institutions, government
entities, and other aviation associations; and
(D) acts as a liaison with government agencies and
as an advocate for its members.
(6) Protected airspace.--The term ``protected airspace''
includes the following types of airspace:
(A) Special use airspace under part 73 of title 14,
Code of Federal Regulations (or any corresponding
similar regulation or ruling), including prohibited
airspace under subpart C of such part.
(B) Any other airspace the Administrator considers
appropriate.
(7) Specific authority.--The term ``specific authority''
means a certificate of authorization, special airworthiness
certificate, authorization issued under section 333 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note), rule, regulation, policy statement,
advisory circular, or any other form of permit or authorization
issued by the Federal Aviation Administration for operation of
a consumer drone in the national airspace system, including--
(A) Federal Aviation Administrator Advisory
Circular 91-57 (relating to model aircraft operating
standards) and subsequent versions thereof;
(B) the notice of policy on unmanned aircraft
operations in the national airspace system of the
Federal Aviation Administration (Docket No. FAA-2006-
25714); or
(C) the notice of interpretation of the special
rule for model aircraft of the Federal Aviation
Administration (Docket No. FAA-2014-0396).
(8) Unmanned aircraft; unmanned aircraft system.--The terms
``unmanned aircraft'' and ``unmanned aircraft system'' have the
meanings given those terms in section 331 of the FAA
Modernization and Reform Act of 2012 (Public Law 112-95; 49
U.S.C. 40101 note).
SEC. 7. CONFORMING AMENDMENT.
Section 336(a)(2) of the FAA Modernization and Reform Act of 2012
(Public Law 112-95; 49 U.S.C. 40101 note) is amended by inserting ``(as
defined in section 6 of the Consumer Drone Safety Act)'' after
``nationwide community-based organization''. | Consumer Drone Safety Act This bill directs the Federal Aviation Administration (FAA) to publish a final rule containing safety requirements for the operation of consumer drones. The final rule shall apply to consumer drones that are: flown for hobby or recreational use, and not operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization. The final rule shall also contain requirements that include: a maximum altitude for flight of consumer drones, circumstances or areas where flights are restricted because of risk of unsafe interactions with manned aircraft and to persons or property on the ground, and conditions that may require limitations on flight (such as weather or time of day). The FAA must also publish a final rule applicable to the manufacturing of consumer drones. This rule shall require modification, at the manufacturer's expense, of existing consumer drones so that they meet the rule's requirements. The FAA may exempt from the rule applicable to manufacturers certain types of consumer drones if certain conditions concerning feasibility, cost, and safety are met. No person may operate a consumer drone in the national airspace system without specific authority from the FAA. The U.S. Customs and Border Protection may use existing authority to enforce restrictions on the importation of consumer drones into the United States. | Consumer Drone Safety Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Credit Score Disclosure Act
of 2000''.
SEC. 2. DEFINITIONS.
Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is
amended by adding at the end the following:
``(q) Definitions Relating to Credit Scores.--In this title--
``(1) when used in connection with an application for an
extension of credit for a consumer purpose that is to be
secured by a dwelling--
``(A) the term `credit score'--
``(i) means a numerical value or
categorization derived from a statistical tool
or modeling system used to predict the
likelihood of certain credit behaviors,
including default; and
``(ii) does not include--
``(I) any mortgage score or rating
of an automated underwriting system
that considers 1 or more factors in
addition to credit information,
including the loan-to-value ratio, the
amount of down payment, or the
financial assets of a consumer; or
``(II) other elements of the
underwriting process or underwriting
decision; and
``(B) the term `key factors' means all relevant
elements or reasons affecting the credit score for a
consumer, listed in the order of their importance,
based on their respective effects on the credit score;
and
``(2) the terms `creditor' and `dwelling' have the same
meanings as in section 103 of the Truth in Lending Act.''.
SEC. 3. DUTIES OF CONSUMER REPORTING AGENCIES TO DISCLOSE CREDIT
SCORES.
(a) In General.--Section 609(a) of the Fair Credit Reporting Act
(15 U.S.C. 1681g(a)) is amended by adding at the end the following:
``(6) In connection with an application for an extension of
credit for a consumer purpose that is to be secured by a
dwelling--
``(A) the current, or most recent, credit score of
the consumer that was previously calculated by the
agency;
``(B) the range of possible credit scores under the
model used;
``(C) the key factors, if any, not to exceed 4,
that adversely affected the credit score of the
consumer in the model used;
``(D) the date on which the credit score was
created; and
``(E) the name of the person or entity that
provided the credit score or the credit file on the
basis of which the credit score was created.''.
(b) Limitations on Required Provision of Credit Score.--Section 609
of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended by adding
at the end the following:
``(d) Limitations on Required Provision of Credit Score.--
``(1) In general.--Subsection (a)(6) may not be construed--
``(A) to compel a consumer reporting agency to
develop or disclose a credit score if the agency does
not, in the ordinary course of its business--
``(i) distribute scores that are used in
connection with extensions of credit secured by
residential real property; or
``(ii) develop credit scores that assist
creditors in understanding the general credit
behavior of the consumer and predicting future
credit behavior;
``(B) to require a consumer reporting agency that
distributes credit scores developed by another person
or entity to provide a further explanation of those
scores, or to process a dispute arising pursuant to
section 611(a), except that the consumer reporting
agency shall be required to provide to the consumer the
name and information for contacting the person or
entity that developed the score;
``(C) to require a consumer reporting agency to
maintain credit scores in its files; or
``(D) to compel disclosure of a credit score,
except upon specific request of the consumer, except
that if a consumer requests the credit file and not the
credit score, then the consumer shall be provided with
the credit file and a statement that the consumer may
request and obtain a credit score.
``(2) Provision of scoring model.--In complying with
subsection (a)(6) and this subsection, a consumer reporting
agency shall supply to the consumer--
``(A) a credit score that is derived from a credit
scoring model that is widely distributed to users of
credit scores by that consumer reporting agency in
connection with any extension of credit secured by a
dwelling; or
``(B) a credit score that assists the consumer in
understanding the credit scoring assessment of the
credit behavior of the consumer and predictions about
future credit behavior.''.
(c) Conforming Amendment.--Section 609(a)(1) of the Fair Credit
Reporting Act (15 U.S.C. 1681g(a)(1)) is amended by inserting before
the period ``, other than as provided in paragraph (6)''.
SEC. 4. DUTIES OF USERS OF CREDIT SCORES.
(a) In General.--Section 615 of the Fair Credit Reporting Act (15
U.S.C. 1681m) is amended by adding at the end the following:
``(e) Duties of Users of Credit Scores.--
``(1) Disclosures.--Any person that makes or arranges
extensions of credit for consumer purposes that are to be
secured by a dwelling and that uses credit scores for that
purpose, shall be required to provide to the consumer to whom
the credit score relates, as soon as is reasonably practicable
after such use--
``(A) a copy of the information described in
section 609(a)(6) that was obtained from a consumer
reporting agency or that was developed and used by that
user of the credit score information; or
``(B) if the user of the credit score information
obtained such information from a third party that
developed such information, (other than a consumer reporting agency or
the user itself) only--
``(i) a copy of the information described
in section 609(a)(6) provided to the user by
the person or entity that developed the credit
score; and
``(ii) a notice that generally describes
credit scores, their use, and the sources and
kinds of data used to generate credit scores.
``(2) Rule of construction.--This subsection may not be
construed to require the user of a credit score described in
paragraph (1)--
``(A) to explain to the consumer the information
provided pursuant to section 609(a)(6), unless that
information was developed by the user;
``(B) to disclose any information other than a
credit score or the key factors required to be
disclosed under section 609(a)(6)(C);
``(C) to disclose any credit score or related
information obtained by the user after a transaction
occurs; or
``(D) to provide more than 1 disclosure under this
subsection to any 1 consumer per credit transaction.
``(3) Limitation.--Except as otherwise provided in this
subsection, the obligation of a user of a credit score under
this subsection shall be limited solely to providing a copy of
the information that was received from the consumer reporting
agency or other person. A user of a credit score has no
liability under this subsection for the content of credit score
information received from a consumer reporting agency or for
the omission of any information within the report provided by
the consumer reporting agency.''.
(b) Conforming Amendment.--Section 615 of the Fair Credit Reporting
Act (15 U.S.C. 1681m) is amended in the section heading, by adding at
the end ``and credit scores''.
SEC. 5. CONTRACTUAL LIABILITY.
Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is
amended by adding at the end the following:
``(d) Use of Credit Scores.--Any provision of any contract that
prohibits the disclosure of a credit score by a consumer reporting
agency or a person who makes or arranges extensions of credit to the
consumer to whom the credit score relates is void. A user of a credit
score shall not have liability under any such contractual provision for
disclosure of a credit score.''.
SEC. 6. RELATION TO STATE LAWS.
Section 624(b)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681t(b)(1)) is amended--
(1) in subparagraph (E), by striking ``or'' at the end; and
(2) by adding at the end the following new subparagraphs:
``(G) section 609(a)(6), relating to the disclosure
of credit scores by consumer reporting agencies; or
``(H) section 615(e), relating to the duties of
users of credit scores to disclose credit score
information to consumers;''.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
180 days after the date of enactment of this Act. | Declares void any contract provision that prohibits credit score disclosure by either a consumer reporting agency or a person who makes or arranges for the pertinent credit.
Shields a user of the credit score from liability for such a disclosure. | Consumer Credit Score Disclosure Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserves Child
Care Relief Act''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 658B of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858) is amended--
(1) by striking ``There is'' and inserting ``(a) In
General.--There is'';
(2) in subsection (a), as so designated, by inserting
``(except section 658T)'' after ``this subchapter''; and
(3) by adding at the end the following:
``(b) Child Care for Certain Military Dependents.--There is
authorized to be appropriated to carry out section 658T $10,000,000 for
each of fiscal years 2004 through 2008.''.
SEC. 3. CHILD CARE ASSISTANCE FOR MILITARY DEPENDENTS.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended by adding at the end the following:
``SEC. 658T. CHILD CARE ASSISTANCE FOR MILITARY DEPENDENTS.
``(a) In General.--The Secretary shall make grants to eligible
persons to assist the persons in paying for the cost of child care
services provided to dependents by eligible child care providers.
``(b) Eligible Person and Dependent.--In this section:
``(1) Dependent.--The term `dependent' means an individual
who is--
``(A) a dependent, as defined in section 401 of
title 37, United States Code, except that such term
does not include a person described in paragraph (1) or
(3) of subsection (a) of such section; and
``(B) an individual described in subparagraphs (A)
and (B) of section 658P(4).
``(2) Eligible person.--The term `eligible person' means a
person who--
``(A) is a parent of one or more dependents of--
``(i) a member of a reserve component of
the Armed Forces serving on active duty for a
period of more than 30 days in support of a
military operation pursuant to a call or order
to active duty under a provision of law
referred to in section 101(a)(13)(B) of title
10, United States Code; or
``(ii) any other member of the Armed Forces
on active duty who, as determined by the
Secretary of the military department concerned,
is involved in a military operation;
``(B) has the primary responsibility for the care
of one or more such dependents; and
``(C) resides permanently at a location at least 50
miles from--
``(i) the nearest military installation of
the Department of Defense where child care
facilities and programs are available for use
by dependents of the member; and
``(ii) the nearest child development center
or family child care home that is funded in
whole or in part with appropriations available
to the Department of Defense and is available
for use by dependents of the member.
``(3) Military operation.--The term `military operation'
means--
``(A) Operation Enduring Freedom;
``(B) Operation Iraqi Freedom;
``(C) Operation Noble Eagle; or
``(D) any successor operation of the United States
Armed Forces to an operation named in subparagraph (A),
(B), or (C).
``(c) Applications.--To be eligible to receive a grant under this
section, a person shall submit an application to the Secretary, at such
time, in such manner, and containing such information as the Secretary
may require, including a description of the eligible child care
provider who provides the child care services assisted through the
grant.
``(d) Rule.--The provisions of this subchapter, other than section
658P and provisions referenced in section 658P, that apply to
assistance provided under this subchapter shall not apply to assistance
provided under this section.''.
SEC. 4. CONFORMING AMENDMENTS.
Section 658O of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``appropriated
under this subchapter'' and inserting ``appropriated
under section 658B(a)''; and
(B) in paragraph (2), by striking ``appropriated
under section 658B'' and inserting ``appropriated under
section 658(a)''; and
(2) in subsection (b)(1), by striking ``appropriated under
section 658B'' and inserting ``appropriated under section
658(a)''. | National Guard and Reserves Child Care Relief Act - Amends the Child Care and Development Block Grant Act of 1990 to direct the Secretary of Health and Human Services to make child care assistance grants to parents or guardians of dependents of members of the Armed Forces, or reserve components of the Armed Forces, to cover periods when such members are on active duty in, or in support of, specified military operations.Requires an eligible parent or guardian to: (1) have primary responsibility for the care of one or more such dependents; and (2) reside permanently at a location at least 50 miles from the nearest military installation of the Department of Defense (DOD) with available child care facilities and programs, and from the nearest available child development center or family child care home receiving DOD funds.Covers the following military operations: (1) Operation Enduring Freedom; (2) Operation Iraqi Freedom; (3) Operation Noble Eagle; or (4) any successor operation of the U.S. Armed Forces to those three operations. | A bill to amend the Child Care and Development Block Grant Act of 1990 to provide for grants to parents and guardians of certain military dependents, in order to assist the parent and guardians in paying for the cost of child care services provided to the dependents, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf War Veterans' Iraqi Claims
Protection Act of 1998''.
SEC. 2. ADJUDICATION OF CLAIMS.
(a) Claims Against Iraq.--The United States Commission is
authorized to receive and determine the validity and amounts of any
claims by nationals of the United States against the Government of
Iraq.
(b) Decision Rules.--In deciding claims under subsection (a), the
United States Commission shall apply, in the following order--
(1) applicable substantive law, including international
law; and
(2) applicable principles of justice and equity.
(c) Priority Claims.--Before deciding any other claim against the
Government of Iraq, the United States Commission shall, to the extent
practical, decide all pending non-commercial claims of active, retired,
or reserve members of the United States Armed Forces, retired former
members of the United States Armed Forces, and other individuals
arising out of Iraq's invasion and occupation of Kuwait or out of the
1987 attack on the USS Stark.
(d) Applicability of International Claims Settlement Act.--To the
extent they are not inconsistent with the provisions of this Act, the
provisions of title I (other than section 2(c)) and title VII of the
International Claims Settlement Act of 1949 (22 U.S.C. 1621-1627 and
1645-1645o) shall apply with respect to claims under this Act.
SEC. 3. CLAIMS FUNDS.
(a) Iraq Claims Fund.--The Secretary of the Treasury is authorized
to establish in the Treasury of the United States a fund (hereafter in
this Act referred to as the ``Iraq Claims Fund'') for payment of claims
under section 2(a). The Secretary of the Treasury shall cover into the
Iraq Claims Fund such amounts as are allocated to such fund pursuant to
subsection (b).
(b) Allocation of Proceeds From Iraqi Asset Liquidation.--
(1) In general.--The President shall allocate funds
resulting from the liquidation of assets pursuant to section 4
in the manner the President determines appropriate between the
Iraq Claims Fund and such other accounts as are appropriate for
the payment of claims of the United States Government, subject
to the limitation in paragraph (2).
(2) Limitation.--The amount allocated pursuant to this
subsection for payment of claims of the United States
Government may not exceed the amount which bears the same
relation to the amount allocated to the Iraq Claims Fund
pursuant to this subsection as the sum of all certified claims
of the United States Government bears to the sum of all claims
certified under section 2(a). As used in this paragraph, the
term ``certified claims of the United States Government'' means
those claims of the United States Government which are
determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission and which are
determined to be valid, and whose amount has been certified,
under such procedures as the President may establish.
SEC. 4. AUTHORITY TO VEST IRAQI ASSETS.
The President is authorized to vest and liquidate as much of the
assets of the Government of Iraq in the United States that have been
blocked pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) as may be necessary to satisfy claims under
section 2(a), as well as claims of the United States Government against
Iraq which are determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission.
SEC. 5. REIMBURSEMENT FOR ADMINISTRATIVE EXPENSES.
(a) Deduction.--In order to reimburse the United States Government
for its expenses in administering this Act, the Secretary of the
Treasury shall deduct 1.5 percent of any amount covered into the Iraq
Claims Fund.
(b) Deductions Treated as Miscellaneous Receipts.--Amounts deducted
pursuant to subsection (a) shall be deposited in the Treasury of the
United States as miscellaneous receipts.
SEC. 6. PAYMENTS.
(a) In General.--The United States Commission shall certify to the
Secretary of the Treasury each award made pursuant to section 2. The
Secretary of the Treasury shall make payment, out of the Iraq Claims
Fund, in the following order of priority to the extent funds are
available in such fund:
(1) Payment of $10,000 or the principal amount of the
award, whichever is less.
(2) For each claim that has priority under section 2(c),
payment of a further $90,000 toward the unpaid balance of the
principal amount of the award.
(3) Payments from time to time in ratable proportions on
account of the unpaid balance of the principal amounts of all
awards according to the proportions which the unpaid balance of
such awards bear to the total amount in the Iraq Claims Fund
that is available for distribution at the time such payments
are made.
(4) After payment has been made of the principal amounts of
all such awards, pro rata payments on account of accrued
interest on such awards as bear interest.
(5) After payment has been made in full of all the awards
payable out of the Iraq Claims Fund, any funds remaining in
that fund shall be transferred to the general fund of the
Treasury of the United States.
(b) Unsatisfied Claims.--Payment of any award made pursuant to this
Act shall not extinguish any unsatisfied claim, or be construed to have
divested any claimant, or the United States on his or her behalf, of
any rights against the Government of Iraq with respect to any
unsatisfied claim.
SEC. 7. AUTHORITY TO TRANSFER RECORDS.
The head of any Executive agency may transfer or otherwise make
available to the United States Commission such records and documents
relating to claims authorized to be adjudicated by this Act as may be
required by the United States Commission in carrying out its functions
under this Act.
SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNUSED FUNDS.
(a) Statute of Limitations.--Any demand or claim for payment on
account of an award that is certified under this Act shall be barred
one year after the publication date of the notice required by
subsection (b).
(b) Publication of Notice.--
(1) In general.--At the end of the 9-year period specified
in paragraph (2), the Secretary of the Treasury shall publish a
notice in the Federal Register detailing the statute of
limitations provided for in subsection (a) and identifying the
claim numbers and awardee names of unpaid certified claims.
(2) Publication date.--The notice required by paragraph (1)
shall be published 9 years after the last date on which the
Secretary of the Treasury covers into the Iraq Claims Fund
amounts allocated to that fund pursuant to section 3(b).
(c) Disposition of Unused Funds.--
(1) Disposition.--At the end of the 2-year period beginning
on the publication date of the notice required by subsection
(b), the Secretary of the Treasury shall dispose of all unused
funds described in paragraph (2) by depositing in the Treasury
of the United States as miscellaneous receipts any such funds
that are not used for such additional payments.
(2) Unused funds.--The unused funds referred to in
paragraph (1) are any remaining balance in the Iraq Claims
Fund.
SEC. 9. DEFINITIONS.
As used in this Act:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given that term by section 105 of title 5, United
States Code.
(2) Government of iraq.--The term ``Government of Iraq''
includes agencies, instrumentalities, and controlled entities
(including public sector enterprises) of that government.
(3) United nations commission.--The term ``United Nations
Commission'' means the United Nations Compensation Commission
established pursuant to United Nations Security Council
Resolution 687 (1991).
(4) United states commission.--The term ``United States
Commission'' means the Foreign Claims Settlement Commission of
the United States. | Gulf War Veterans' Iraqi Claims Protection Act of 1998 - Authorizes the Foreign Claims Settlement Commission of the United States (U.S. Commission) to receive and determine the validity of claims by U.S. nationals against the Government of Iraq, giving first priority to non-commercial claims of members of the U.S. armed forces and other individuals arising out of Iraq's invasion and occupation of Kuwait, or out of the 1987 attack on the USS Stark.
Authorizes the Secretary of the Treasury to establish in the Treasury an Iraq Claims Fund for the payment of such claims. Authorizes the President, subject to specified limitations, to vest and liquidate Iraqi Government assets in the United States that have been blocked pursuant to the International Emergency Economic Powers Act, and allocate the proceeds to the Fund to satisfy claims against the Government of Iraq by U.S. nationals, as well as claims of the U.S. Government that are outside the jurisdiction of the United Nations Compensation Commission. Provides for the reimbursement to the U.S. Government of expenses incurred in administering this Act. Establishes an order of priority for payment of claims.
Directs the U.S. Commission to certify to the Secretary each award made under this Act. Sets forth a ten-year statute of limitations on any demand or claim for the payment of such an award. | Gulf War Veterans' Iraqi Claims Protection Act of 1998 |
SECTION 1. LIMITATION OF DEDUCTION FOR CHARITABLE CONTRIBUTIONS OF
PATENTS AND SIMILAR PROPERTY.
(a) In General.--Subparagraph (B) of section 170(e)(1) of the
Internal Revenue Code of 1986 (relating to certain contributions of
capital gain property) is amended by striking ``or'' at the end of
clause (i), by inserting ``or'' at the end of clause (ii), and by
inserting after clause (ii) the following new clause:
``(iii) except as provided in paragraph
(7), of any patent, copyright, trademark, trade
name, trade secret, know-how, software, or
similar property,''.
(b) Special Rule.--Section 170(e) of such Code is amended by adding
at the end the following new paragraph:
``(7) Special rule for certain contributions of patents,
copyrights, etc.--
``(A) Exception for contributions to qualified
research organizations.--Subparagraph (B) of paragraph
(1) shall not apply to any qualified contribution to a
qualified research organization.
``(B) Qualified research organization defined.--For
purposes of this paragraph, the term `qualified
research organization' means an organization that
applies its expertise to the scientific and commercial
development of qualified contributions and is described
in clause (iii), (iv), or (vi) of subsection (b)(1)(A)
or subparagraph (A), (B), or (C) of section 41(e)(6) .
``(C) Qualified contribution defined.--For purposes
of this paragraph, a contribution of property described
in paragraph (1)(B)(iii) shall be treated as a
qualified contribution only if--
``(i) such contribution is a gift of all
right, title, and interest in and to property
described in clause (iii) of paragraph (1)(B),
``(ii) the donor and donee of any cash or
cash equivalent in connection with such
contribution agree to limit the use of such
cash or cash equivalent to costs of patent
prosecution or maintenance and the scientific
and commercial development of qualified
donations in general, and
``(iii) under regulations prescribed by the
Secretary, the donor of the qualified
contribution discloses both the contribution
described in clause (i) and a complete
description of the terms of any restricted cash
or cash equivalents grant described in clause
(ii) on its income tax return for the taxable
year during which such contribution is made.''.
(c) Qualified Appraisal Required.--
(1) In general.--The Secretary of the Treasury shall
prescribe regulations or other guidance under section 170(a)(1)
of the Internal Revenue Code of 1986 requiring the donor of
property described in section 170(e)(1)(B)(iii) of such Code to
obtain one or more qualified appraisals of the fair market
value of such property by a qualified appraiser or appraisers.
(2) Qualified appraiser.--For purposes of paragraph (1),
the term ``qualified appraiser'' means an appraiser who has
valuation credentials and experience in appraising such
property, who is not an employee of the donor or donee, and who
satisfies any professional valuation education and
qualification requirements that are prescribed by the
Secretary.
(3) Qualified appraisal.--For purposes of paragraph (1),
the term ``qualified appraisal'' means an appraisal that
satisfies the requirements (without regard to any value
limitation) for a qualified appraisal under section 170(a)(1)
of such Code (as in effect on the date of the enactment of this
Act), with the following modifications:
(A) The valuation methodologies to be used shall be
those prescribed by the Secretary.
(B) The appraisal shall take into account the
competitive patent environment and remaining life of a
donated patent.
(C) The valuation of property described in section
170(e)(7) of such Code shall take into account the
potential use of such property by any qualified donee,
including the value to be generated through further
technology development and commercialization by the
donee and potential licensees of the property.
(D) If the value of the property exceeds
$5,000,000, a second appraisal prepared by a qualified
appraiser independently selected by a professional
organization designated by the Secretary shall be
required.
(E) The donee shall acknowledge receipt of the
appraisal summary required to be filed by the donor.
(F) The amount of any cash or cash equivalent grant
described in section 170(e)(7)(C)(ii) of such Code and
a complete description of the terms of any such grant
shall be fully described in the information returns of
the donee organization for the taxable year of receipt
and subsequent taxable years, as required by the
Secretary.
(d) Anti-Abuse Rules.--The Secretary may prescribe such regulations
or other guidance as may be necessary or appropriate to prevent the
avoidance of the purposes of paragraphs (1)(B)(iii) and (7) of section
170(e) of such Code (as added by this section), including preventing--
(1) the circumvention of the reduction of the deduction
under such section by embedding or bundling the patent or
similar property as part of a charitable contribution of
property that includes the patent or similar property,
(2) the manipulation of the basis of the property to
increase the amount of the charitable deduction through the use
of related persons, pass-thru entities, or other
intermediaries, or through the use of any provision of law or
regulation (including the consolidated return regulations), and
(3) a donor from changing the form of the patent or similar
property to property of a form for which different deduction
rules would apply.
(e) Effective Date.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply to contributions
made after the date of the enactment of this Act.
(2) Appraisals.--Subsection (c) shall apply to
contributions made after the date of adoption of regulations,
or date of issuance of guidance, required by subsection (c),
whichever is earlier. | Amends the Internal Revenue Code to require a taxpayer seeking an income tax deduction for the charitable contribution of a patent, copyright, trademark, trade name, trade secret, know-how, software or similar technology property to: (1) contribute the entire right, title, and interest in such property to certain tax-exempt universities, teaching hospitals or reseach institutions; and (2) require that any cash or cash equivalents donated with such property be used for patent prosecution or maintenance and for the scientific and commercial development of such patents or other technology property.
Requires the Secretary of the Treasury to prescribe regulations for the appraisal of such patents or other technology property and for the prevention of taxpayer abuse of charitable deductions for such property. | To amend the Internal Revenue Code of 1986 to limit the deduction for charitable contributions of patents and similar property. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricanes Harvey, Irma, and Maria
Education Relief Act of 2017''.
SEC. 2. ALLOCATION AND USE OF CAMPUS-BASED HIGHER EDUCATION ASSISTANCE.
(a) Definitions.--In this section:
(1) Affected area.--The term ``affected area'' means an area
for which the President declared a major disaster or an emergency
under section 401 or 501, respectively, of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and
5191) as a result of Hurricane Harvey, Hurricane Irma, Hurricane
Maria, Tropical Storm Harvey, Tropical Storm Irma, or Tropical
Storm Maria.
(2) Affected student.--The term ``affected student'' means an
individual who has applied for or received student financial
assistance under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.), and who--
(A) was enrolled or accepted for enrollment on August 25,
2017, at an institution of higher education that is located in
an affected area;
(B) is a dependent student who was enrolled or accepted for
enrollment on August 25, 2017, at an institution of higher
education that is not located in an affected area, but whose
parent or parents resided or was employed on August 25, 2017,
in an affected area; or
(C) suffered direct economic hardship as a direct result of
Hurricane Harvey, Hurricane Irma, Hurricane Maria, Tropical
Storm Harvey, Tropical Storm Irma, or Tropical Storm Maria, as
determined by the Secretary.
(3) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Education.
(b) Waivers.--
(1) Waiver of non-federal share requirement.--Notwithstanding
sections 413C(a)(2) and 443(b)(5) of the Higher Education Act of
1965 (20 U.S.C. 1070b-2(a)(2) and 1087-53(b)(5)), with respect to
funds made available for award years 2016-2017 and 2017-2018--
(A) in the case of an institution of higher education that
is located in an affected area, the Secretary shall waive the
requirement that a participating institution of higher
education provide a non-Federal share to match Federal funds
provided to the institution for the programs authorized
pursuant to subpart 3 of part A and part C of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070b et seq. and 1087-
51 et seq.); and
(B) in the case of an institution of higher education that
is not located in an affected area but has enrolled or accepted
for enrollment any affected students, the Secretary may waive
the non-Federal share requirement described in subparagraph (A)
after considering the institution's student population and
existing resources.
(2) Waiver of reallocation rules.--
(A) Authority to reallocate.--Notwithstanding sections
413D(d) and 442(d) of the Higher Education Act of 1965 (20
U.S.C. 1070b-3(d) and 1087-52(d)), the Secretary shall--
(i) reallocate any funds returned under such section
413D or 442 of the Higher Education Act of 1965 that were
allocated to institutions of higher education for award
year 2016-2017 to an institution of higher education that
is eligible under subparagraph (B); and
(ii) waive the allocation reduction for award year
2018-2019 for an institution of higher education that is
eligible under subparagraph (B) returning more than 10
percent of its allocation under such section 413D or 442 of
the Higher Education Act of 1965 for award year 2017-2018.
(B) Institutions eligible for reallocation.--An institution
of higher education is eligible under this subparagraph if the
institution--
(i) participates in the program for which excess
allocations are being reallocated; and
(ii)(I) is located in an affected area; or
(II) has enrolled or accepted for enrollment any
affected students in award year 2017-2018.
(C) Basis of reallocation.--The Secretary shall--
(i) determine the manner in which excess allocations
will be reallocated pursuant to this paragraph; and
(ii) give preference in making reallocations to the
needs of institutions of higher education located in an
affected area.
(D) Additional waiver authority.--Notwithstanding any other
provision of law, in order to carry out this paragraph, the
Secretary may waive or modify any statutory or regulatory
provision relating to the reallocation of excess allocations
under subpart 3 of part A or part C of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070b et seq. and 1087-51 et
seq.) in order to ensure that assistance is received by
institutions of higher education that are eligible under
subparagraph (B).
(3) Availability of funds date extension.--Notwithstanding any
other provision of law--
(A) any funds available to the Secretary under sections
413A and 441 of the Higher Education Act of 1965 (20 U.S.C.
1070b and 1087-51) for which the period of availability would
otherwise expire on September 30, 2017, shall be available for
obligation by the Secretary until September 30, 2018, for the
purposes of the programs authorized pursuant to subpart 3 of
part A and part C of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070b et seq. and 1087-51 et seq.); and
(B) the Secretary may recall any funds allocated to an
institution of higher education for award year 2016-2017 under
section 413D or 442 of the Higher Education Act of 1965 (20
U.S.C. 1070b-3 and 1087-52), that, if not returned to the
Secretary as excess allocations pursuant to either of those
sections, would otherwise lapse on September 30, 2017, and
reallocate those funds in accordance with paragraph (2)(A).
(c) Emergency Requirement.--This section is designated as an
emergency requirement pursuant to section 4(g) of the Statutory Pay-As-
You-Go Act of 2010 (title I of Public Law 111-139; 2 U.S.C. 933(g)).
(d) Report.--Not later than October 1, 2018, the Secretary shall
submit to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce of the
House of Representatives information on--
(1) the total volume of assistance received by each eligible
institution of higher education under subsection (b)(2); and
(2) the total volume of the non-Federal share waived for each
institution of higher education under subsection (b)(1).
(e) Sunset.--The provisions of subsection (b) shall cease to be
effective on September 30, 2018.
SEC. 3. PROJECT SERV AND EQUITABLE SERVICES FOR CHILDREN AND TEACHERS
IN PRIVATE SCHOOLS.
Section 8501(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7881(b)(1)) is amended--
(1) in subparagraph (D), by striking ``and'';
(2) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) section 4631, with regard to Project SERV.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the Senate passed version is repeated here.) Hurricanes Harvey, Irma, and Maria Education Relief Act of 2017 (Sec. 2) This bill provides educational relief in areas for which the President has declared a major disaster or an emergency as a result of Hurricanes Harvey, Irma, or Maria or Tropical Storms Harvey, Irma, or Maria (affected areas). In the case of an institution of higher education (IHE) that is located in an affected area, the Department of Education (ED) must waive matching fund requirements under the Federal Supplemental Educational Opportunity Grant Program (FSEOG) or the Federal Work-Study Program (FWS). In the case of an IHE that is not located in an affected area but has enrolled or accepted for enrollment students affected by the hurricanes or tropical storms, ED may waive the matching fund requirements under FSEOG or FWS. The waivers apply to funds made available for award years 2016-2017 and 2017-2018. Affected students are individuals who have applied for or received student financial assistance under title IV (Student Assistance) of the Higher Education Act of 1965, and: (1) who were enrolled or accepted for enrollment on August 25, 2017, at IHEs that are located in affected areas; (2) who are dependent students who are enrolled or accepted for enrollment on that date at IHEs that are not located in affected areas, but whose parents resided or were employed on that date in affected areas; or (3) who suffered direct economic hardship as a direct result of the hurricanes or tropical storms. If IHEs return FSEOG and FWS funds that were allocated for award year 2016-2017, then ED must reallocate the remaining funds to affected IHEs. The bill extends until September 30, 2018, the deadline for ED to obligate funds for FSEOG or FWS. The bill terminates ED's waiver authority on September 30, 2018. (Sec. 3) In addition, the bill amends the Elementary and Secondary Education Act of 1965 to require Project School Emergency Response to Violence grants to be distributed to private schools on an equitable basis. | Hurricanes Harvey, Irma, and Maria Education Relief Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate and Criminal Fraud
Accountability Act of 2002''.
SEC. 2. CRIMINAL PENALTIES FOR ALTERING DOCUMENTS.
(a) In General.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1519. Destruction, alteration, or falsification of records in
Federal investigations and bankruptcy
``Whoever knowingly alters, destroys, mutilates, conceals, covers
up, falsifies, or makes a false entry in any record, document, or
tangible object with the intent to impede, obstruct, or influence the
investigation or proper administration of any matter within the
jurisdiction of any department or agency of the United States or any
case filed under title 11, or in relation to or contemplation of any
such matter or case, shall be fined under this title, imprisoned not
more than 5 years, or both.
``Sec. 1520. Destruction of corporate audit records
``(a) Any accountant who conducts an audit of an issuer of
securities to which section 10A(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78j-1(a)) applies, shall maintain all documents
(including electronic documents) sent, received, or created in
connection with any audit, review, or other engagement for such issuer
for a period of 5 years from the end of the fiscal period in which the
audit, review, or other engagement was concluded.
``(b) Whoever knowingly and willfully violates subsection (a) shall
be fined under this title, imprisoned not more than 5 years, or both.
``(c) Nothing in this section shall be deemed to diminish or
relieve any person of any other duty or obligation, imposed by Federal
or State law or regulation, to maintain, or refrain from destroying,
any document.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of title 18, United States Code, is amended by adding at the
end the following new items:
``1519. Destruction, alteration, or falsification of records in Federal
investigations and bankruptcy.
``1520. Destruction of corporate audit records.''.
SEC. 3. CRIMINAL PENALTIES FOR DEFRAUDING SHAREHOLDERS OF PUBLICLY
TRADED COMPANIES.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1348. Securities fraud
``Whoever knowingly executes, or attempts to execute, a scheme or
artifice--
``(1) to defraud any person in connection with any security
registered under section 12 or 15(d) of the Securities Exchange
Act of 1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the
Securities Act of 1933 (15 U.S.C. 77f); or
``(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any money or property in
connection with the purchase or sale of any security registered
under section 12 or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78l, 78o(d)) or section 6 of the Securities Act
of 1933 (15 U.S.C. 77f),
shall be fined under this title, or imprisoned not more than 10 years,
or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of title 18, United States Code, is amended by adding at the
end the following new item:
``1348. Securities fraud.''.
SEC. 4. REVIEW OF FEDERAL SENTENCING GUIDELINES FOR OBSTRUCTION OF
JUSTICE AND EXTENSIVE CRIMINAL FRAUD.
Pursuant to section 994 of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and amend, as appropriate, the Federal Sentencing
Guidelines and related policy statements to ensure that--
(1) the guideline offense levels and enhancements for an
obstruction of justice offense are adequate in cases where
documents or other physical evidence are actually destroyed or
fabricated;
(2) the guideline offense levels and enhancements for
violations of section 1519 or 1520 of title 18, United States
Code, as added by this Act, are sufficient to deter and punish
that activity;
(3) the guideline offense levels and enhancements under
United States Sentencing Guideline 2B1.1 (as in effect on the
date of enactment of this Act) are sufficient for a fraud
offense when the number of victims adversely involved is
significantly greater than 50; and
(4) a specific offense characteristic enhancing sentencing
is provided under United States Sentencing Guideline 2B1.1 (as
in effect on the date of enactment of this Act) for a fraud
offense that endangers the solvency or financial security of 1
or more victims.
SEC. 5. DEBTS NONDISCHARGEABLE IF INCURRED IN VIOLATION OF SECURITIES
FRAUD LAWS.
Section 523(a) of title 11, United States Code, is amended--
(1) in paragraph (17), by striking ``or'' after the
semicolon;
(2) in paragraph (18), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end, the following:
``(19) that--
``(A) arises under a claim relating to--
``(i) the violation of any of the Federal
securities laws (as that term is defined in
section 3(a)(47) of the Securities Exchange Act
of 1934 (15 U.S.C. 78c(a)(47)), any State
securities laws, or any regulations or orders
issued under such Federal or State securities
laws; or
``(ii) common law fraud, deceit, or
manipulation in connection with the purchase or
sale of any security; and
``(B) results, in relation to any claim described
in subparagraph (A), from--
``(i) any judgment, order, consent order,
or decree entered in any Federal or State
judicial or administrative proceeding;
``(ii) any settlement agreement entered
into by the debtor; or
``(iii) any court or administrative order
for any damages, fine, penalty, citation,
restitutionary payment, disgorgement payment,
attorney fee, cost, or other payment owed by
the debtor.''.
SEC. 6. INCREASED PROTECTION OF EMPLOYEES WAGES UNDER CHAPTER 11
PROCEEDINGS.
Section 507(a) of title 11, United States Code, is amended--
(1) in paragraph (3) by striking ``90'' and inserting
``180'', and
(2) in paragraphs (3) and (4) by striking ``$4,000'' each
place it appears and inserting ``$10,000''.
SEC. 7. STATUTE OF LIMITATIONS FOR SECURITIES FRAUD.
(a) In General.--Section 1658 of title 28, United States Code, is
amended--
(1) by inserting ``(a)'' before ``Except''; and
(2) by adding at the end the following:
``(b) Notwithstanding subsection (a), a private right of action
that involves a claim of fraud, deceit, manipulation, or deliberate or
reckless disregard of a regulatory requirement concerning the
securities laws, as defined in section 3(a)(47) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), may be brought not later
than the earlier of--
``(1) 5 years after the date on which the alleged violation
occurred; or
``(2) 3 years after the date on which the alleged violation
was discovered.''.
(b) Effective Date.--The limitations period provided by section
1658(b) of title 28, United States Code, as added by this section,
shall apply to all proceedings addressed by this section that are
commenced on or after the date of enactment of this Act.
SEC. 8. PROTECTION FOR EMPLOYEES OF PUBLICLY TRADED COMPANIES WHO
PROVIDE EVIDENCE OF FRAUD.
(a) In General.--Chapter 73 of title 18, United States Code, is
amended by inserting after section 1514 the following:
``Sec. 1514A. Civil action to protect against retaliation in fraud
cases
``(a) Whistleblower Protection for Employees of Publicly Traded
Companies.--No company with securities registered under section 6 of
the Securities Act of 1933 (15 U.S.C. 77f) or section 12 or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78l, 78o(d)), or any
officer, employee, contractor, subcontractor, or agent of such company,
may discharge, demote, suspend, threaten, harass, or in any other
manner discriminate against an employee in the terms and conditions of
employment because of any lawful act done by the employee--
``(1) to provide information, cause information to be
provided, or otherwise assist in an investigation regarding any
conduct which the employee reasonably believes constitutes a
violation of section 1341, 1343, 1344, or 1348, any rule or
regulation of the Securities and Exchange Commission, or any
provision of Federal law relating to fraud against
shareholders, when the information or assistance is provided to
or the investigation is conducted by--
``(A) a Federal regulatory or law enforcement
agency;
``(B) any Member of Congress or any committee of
Congress; or
``(C) a person with supervisory authority over the
employee (or such other person working for the employer
who has the authority to investigate, discover, or
terminate misconduct); or
``(2) to file, cause to be filed, testify, participate in,
or otherwise assist in a proceeding filed or about to be filed
(with any knowledge of the employer) relating to an alleged
violation of section 1341, 1343, 1344, or 1348, any rule or
regulation of the Securities and Exchange Commission, or any
provision of Federal law relating to fraud against
shareholders.
``(b) Election of Action.--
``(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of subsection (a) may
seek relief under subsection (c), by--
``(A) filing a complaint with the Secretary of
Labor; or
``(B) bringing an action at law or equity in the
appropriate district court of the United States.
``(2) Procedure.--
``(A) In general.--An action under paragraph (1)(A)
shall be governed under the rules and procedures set
forth in section 42121(b) of title 49, United States
Code.
``(B) Exception.--Notification made under section
42121(b)(1) of title 49, United States Code, shall be
made to the person named in the complaint and to the
employer.
``(C) Burdens of proof.--An action brought under
paragraph (1)(B) shall be governed by the legal burdens
of proof set forth in section 42121(b) of title 49,
United States Code.
``(D) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 180
days after the date on which the violation occurs.
``(c) Remedies.--
``(1) In general.--An employee prevailing in any action
under subsection (b)(1) (A) or (B) shall be entitled to all
relief necessary to make the employee whole.
``(2) Compensatory damages.--Relief for any action under
paragraph (1) shall include--
``(A) reinstatement with the same seniority status
that the employee would have had, but for the
discrimination;
``(B) 2 times the amount of back pay, with
interest; and
``(C) compensation for any special damages
sustained as a result of the discrimination, including
litigation costs, expert witness fees, and reasonable
attorney fees.
``(3) Punitive damages.--
``(A) In general.--In a case in which the finder of
fact determines that the protected conduct of the
employee under subsection (a) involved a substantial risk to the
health, safety, or welfare of shareholders of the employer or the
public, the finder of fact may award punitive damages to the employee.
``(B) Factors.--In determining the amount, if any,
to be awarded under this paragraph, the finder of fact
shall take into account--
``(i) the significance of the information
or assistance provided by the employee under
subsection (a) and the role of the employee in
advancing any investigation, proceeding,
congressional inquiry or action, or internal
remedial process, or in protecting the health,
safety, or welfare of shareholders of the
employer or of the public;
``(ii) the nature and extent of both the
actual and potential discrimination to which
the employee was subjected as a result of the
protected conduct of the employee under
subsection (a); and
``(iii) the nature and extent of the risk
to the health, safety, or welfare of
shareholders or the public under subparagraph
(A).
``(d) Rights Retained by Employee.--
``(1) Other remedies unaffected.--Nothing in this section
shall be deemed to diminish the rights, privilege, or remedies
of any employee under any Federal or State law, or under any
collective bargaining agreement.
``(2) Voluntary adjudication.--No employee may be compelled
to adjudicate his or her rights under this section pursuant to
an arbitration agreement.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of title 18, United States Code, is amended by inserting
after the item relating to section 1514 the following new item:
``1514A. Civil action to protect against retaliation in fraud cases.''.
SEC. 9. ESTABLISHMENT OF A RETIREMENT SECURITY FRAUD BUREAU.
(a) In General.--Part II of title 28, United States Code, is
amended by adding at the end the following:
``CHAPTER 40A--RETIREMENT SECURITY FRAUD BUREAU
``Sec. 600. Retirement Security Fraud Bureau
``(a) In General.--The Attorney General shall establish a
Retirement Security Fraud Bureau which shall be a bureau in the
Department of Justice.
``(b) Director.--
``(1) Appointment.--The head of the Retirement Security
Fraud Bureau shall be the Director who shall be appointed by
the Attorney General.
``(2) Duties and powers.--The duties and powers of the
Director are as follows:
``(A) Advise and make recommendations on matters
relating to pension and securities fraud, in general,
to the Assistant Attorney General of the Criminal
Division.
``(B) Maintain a government-wide data access
service, with access, in accordance with applicable
legal requirements, to the following:
``(i) Information collected by the
Department of Justice, the Department of the
Treasury, and the Securities Exchange
Commission on pension and securities fraud
matters.
``(ii) Other privately and publicly
available information on pension and securities
fraud-related activities.
``(C) Analyze and disseminate the available data in
accordance with applicable legal requirements,
policies, and guidelines established by the Attorney
General to--
``(i) identify possible criminal activity
to appropriate Federal, State, local, and
foreign law enforcement agencies;
``(ii) support ongoing criminal pension and
securities fraud investigations;
``(iii) determine emerging trends and
methods in pension and securities fraud
matters; and
``(iv) support government initiatives
against pension and securities fraud-related
activities.
``(D) Furnish research, analytical, and
informational services to financial institutions, to
appropriate Federal regulatory agencies with regard to
financial institutions, and to appropriate Federal,
State, local, and foreign law enforcement authorities,
in accordance with policies and guidelines established
by the Department of Justice, in the interest of
detection, prevention, and prosecution of pension and
securities fraud-related crimes.
``(E) Establish and maintain a special unit
dedicated to assisting Federal, State, local, and
foreign law enforcement and regulatory authorities in
combating pension and securities fraud.
``(F) Such other duties and powers as the Attorney
General may delegate or prescribe.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated for the Retirement Security Fraud Bureau such sums as may
be necessary for fiscal years 2003, 2004, 2005, and 2006.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part II of title 28, United States Code, is amended by adding at the
end the following new item:
``40A. Retirement Security Fraud Bureau..................... 600''. | Corporate and Criminal Fraud Accountability Act of 2002 - Amends the Federal criminal code to set penalties for: (1) destroying, altering, or falsifying records in Federal investigations or in bankruptcy; (2) failure of an accountant who conducts an audit of an issuer of securities to maintain all documents sent, received, or created in connection with the audit for a five year period; and (3) executing a scheme to defraud in connection with a registered security, or to obtain by false pretenses money or property in connection with its purchase or sale.Directs the United States Sentencing Commission to review the Federal sentencing guidelines for obstruction of justice, and for fraud when the number of victims adversely involved is significantly greater than 50 or when it endangers the solvency or financial security of multiple victims.Amends: (1) Federal bankruptcy law to make certain debts incurred in violation of Federal or State securities laws, or common law fraud in connection with the purchase or sale of any security, non-dischargeable in bankruptcy, and to increase the amount of employees' wages protected under chapter 11 proceedings; and (2) the Federal judicial code to authorize a private right of action that involves a securities fraud-related claim to be brought by the earlier of five years after the date of the alleged violation or three years after its discovery.Authorizes a civil action to protect whistle-blowing employees against retaliation in fraud cases involving publicly traded companies.Amends the judicial code to direct the Attorney General to establish within the Department of Justice a Retirement Security Fraud Bureau. | To provide for criminal prosecution of persons who alter or destroy evidence in certain Federal investigations or defraud investors of publicly traded securities, to disallow debts incurred in violation of securities fraud laws from being discharged in bankruptcy, to protect whistleblowers against retaliation by their employers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 8 Housing Improvement Act''.
SEC. 2. LIMITATION ON USE OF ASSISTANCE BY AREA.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by inserting after subsection (k) the following new
subsection:
``(l) Limitation on Use of Assistance By Area.--
``(1) Authority.--A public housing agency that makes
assistance available under subsection (b) or (o) of this
section may define an area or areas within the jurisdiction of
the agency and, subject to the provisions of paragraph (2),
limit the number of families that may use such assistance to
rent a dwelling unit within any such area. Such an area may
consist of the entire geographical jurisdiction of the agency
or an area that is smaller than such jurisdiction.
``(2) Required finding.--A public housing agency may limit
the number of families that may use assistance under subsection
(b) or (o) to rent a dwelling unit within an area defined under
paragraph (1) only if the agency determines, and certifies to
the Secretary, that the limitation is necessary--
``(A) to preserve the value of property in such
area;
``(B) to preserve the right of existing residents
of such area to safety and to the quiet enjoyment of
their property; or
``(C) to preserve the unique character and nature
of the area.''.
Any limitation under this subsection for an area may not
restrict the number of families using assistance in such area
by more families than is necessary to accomplish the purpose
under subparagraph (A), (B), or (C) for which the limitation is
established or for any other reason than such purpose.''.
SEC. 3. NEIGHBORHOOD REVIEW COMMITTEES.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by inserting after subsection (l), as
added by section 2 of this Act, the following new subsection:
``(m) Neighborhood Review Committees.--
``(1) Establishment.--Each public housing agency that
administers tenant-based assistance under subsection (b) or (o)
of this section shall establish and maintain a neighborhood
review committee (in this subsection referred to as the
`committee'). The committee shall consist of not less than 3
and not more than 6 individuals, who shall be appointed by the
public housing agency and shall include not less than 3
individuals who are not, directly or indirectly, recipients of
housing assistance under this section or any other housing
assistance provided by the Federal Government or any State or
local government (not including single family mortgage
insurance provided under title II of the National Housing Act).
The members of the committee shall be residents of the
jurisdiction served by the agency. Members of the committee
shall serve for terms of not more than 2 years and there shall
be no limit to the number of terms that any member may serve.
``(2) Functions.--The committee shall obtain and review
information referred to in paragraphs (3) and (4) for the
purpose of advising the public housing agency regarding
enforcement of laws and regulations governing assistance
provided under the tenant-based rental assistance programs
under this section and assisting the agency to enforce such
laws and regulations.
``(3) Availability of records regarding assisted
families.--Notwithstanding any other provision of Federal or
State law (including any law regarding confidentiality of such
information), the committee for a public housing agency may
obtain any of the following records and information relating to
any member of a household on whose behalf tenant-based assistance under
subsection (b) or (o) of this section is provided and who resides
within the jurisdiction of the agency:
``(A) Criminal conviction, arrest, and activity
records from any law enforcement agency.
``(B) Police reports.
``(C) Juvenile arrest and punishment records.
``(D) References and reports of past or present
lessors.
``(E) Records of civil actions filed against the
member and any related judgments, settlements, or other
dispositions.
``(F) Any other information reasonably related to
the procurement of information described in this
paragraph.
This paragraph shall apply with respect to any member of any
household on whose behalf such tenant-based assistance is
provided after the date of the effectiveness of the regulations
implementing this subsection. A public housing agency shall
provide written notice to each applicant for tenant-based
assistance from the agency of the effect of the provisions of
this paragraph on the applicant's rights to confidentiality of
information described in this paragraph.
``(4) Availability of records regarding landlords.--
Notwithstanding any other provision of Federal or State law
(including any law regarding confidentiality of such
information), the committee for a public housing agency may
obtain any of the following records and information relating to
any owner of a dwelling unit located within the jurisdiction of
the agency for which assistance payments are made under
subsection (b) or (o) of this section:
``(A) Criminal conviction, arrest, and activity
records from any law enforcement agency.
``(B) Police reports.
``(C) Citations, convictions, fines, or judgments
for violations of any laws, regulations, standards, or
codes relating to housing quality or habitability.
``(D) Complaints, grievances, or actions filed by
any current or former tenants, and any records of any
related judgments, settlements, or other dispositions.
``(E) Any other information reasonably related to
the procurement of information described in this
paragraph.
This paragraph shall apply with respect to any owner of an
assisted dwelling unit for which assistance payments are made
after the date of the effectiveness of the regulations
implementing this subsection.
``(5) Penalty.--Any person who obtains or uses information
under this subsection for purposes other than those described
in paragraph (2), or discloses such information in any manner
to any individual not authorized under law to receive such
information, shall be imprisoned not more than one year and
fined not more than $10,000 (and such offense is hereby
exempted from the applicability of the fine provided under
section 3571 of title 18, United States Code), or both.''.
(b) Regulations.--The Secretary of Housing and Urban Development
shall issue any regulations necessary to carry out the amendment made
by subsection (a) not later than the expiration of the 12-month period
beginning on the date of the enactment of this Act, which shall take
effect not later than the expiration of the 90-day period beginning
upon such issuance.
SEC. 4. ENFORCEMENT OF HOUSING QUALITY STANDARDS.
(a) In General.--Section 8 of the United States Housing Act of 1937
(42 U.S.C. 1437f) is amended by adding at the end the following new
subsection:
``(cc) Enforcement of Housing Quality Standards.--Each contract
providing for housing assistance payments for tenant-based assistance
under subsection (b) or (o) shall provide that if a public housing
agency determines that a dwelling unit for which tenant-based
assistance is provided under subsection (b) or (o) fails to comply with
the standards for housing quality for units so assisted or with any
applicable State or local law, regulation, standard, or code relating
to housing quality or habitability, the following action shall be
taken:
``(1) Notification.--The public housing agency shall notify
the Secretary, tenant, and owner of the unit of the
noncompliance and shall notify the tenant and owner of the
action required under this subsection.
``(2) Withholding of assistance.--During the period of the
noncompliance, the agency shall withhold all of the assistance
amounts under this section with respect to the unit and the
Secretary shall withhold any other assistance amounts provided
with respect to the unit under any program administered by the
Secretary. The agency and the Secretary shall promptly release
any withheld amounts to the owner after the owner corrects the
noncompliance. An owner may not terminate the tenancy of any
tenant or refuse to renew a lease for such unit because of the
withholding of assistance pursuant to this paragraph.
``(3) Termination of lease or assistance payments
contract.--If assistance amounts under this section for a
dwelling unit are withheld pursuant to paragraph (2) and the
owner does not correct the noncompliance before the expiration
of the lease for the dwelling unit and such lease is not
renewed, the Secretary shall recapture any such amounts from
the public housing agency.
``(4) Applicability.--This subsection shall apply to any
dwelling unit for which a housing assistance payments contract
is entered into or renewed after the date of the effectiveness
of the regulations implementing this subsection.''.
(b) Regulations.--The Secretary of Housing and Urban Development
shall issue any regulations necessary to carry out the amendment made
by subsection (a) not later than the expiration of the 12-month period
beginning upon the date of the enactment of this Act, which shall take
effect not later than the expiration of the 90-day period beginning
upon such issuance. | Section 8 Housing Improvement Act - Amends the United States Housing Act of 1937 to authorize a public housing agency to limit the number of section 8 assisted rental families in its jurisdiction if the agency determines such restriction is necessary to preserve an area's property values, safety, or unique character.
Requires each agency to establish and maintain a neighborhood review committee which shall: (1) be made up of between three and six agency-area residents, of whom at least three must not be receiving housing assistance other than mortgage assistance; and (2) obtain and review references and certain enforcement-related information respecting assisted families and landlords.
Sets forth section 8 housing quality standards enforcement provisions. | Section 8 Housing Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Income Housing Tax Credit
Exchange Expansion and Job Creation Act of 2010''.
SEC. 2. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF
LOW-INCOME HOUSING CREDIT ALLOCATIONS FOR 2010.
(a) In General.--The Secretary of the Treasury shall make a grant
to the housing credit agency of each State in an amount equal to such
State's low-income housing credit allocation election amount.
(b) Low-Income Housing Credit Allocation Election Amount.--For
purposes of this section, the term ``low-income housing credit
allocation election amount'' means, with respect to any State, such
amount as the State may elect which does not exceed 85 percent of the
product of--
(1) the sum of--
(A) 100 percent of the State housing credit ceiling
for 2010 which is attributable to amounts described in
clauses (i) and (iii) of section 42(h)(3)(C) of the
Internal Revenue Code of 1986, plus
(B) 40 percent of the State housing credit ceiling
for 2010 which is attributable to amounts described in
clauses (ii) and (iv) of such section, multiplied by
(2) 10.
(c) Subawards for Low-Income Buildings.--
(1) In general.--A State housing credit agency receiving a
grant under this section shall use such grant to make subawards
to finance the construction or acquisition and rehabilitation
of qualified low-income buildings. A subaward under this
section may be made to finance a qualified low-income building
with or without an allocation under section 42 of the Internal
Revenue Code of 1986, except that a State housing credit agency
may make subawards to finance qualified low-income buildings
without an allocation only if it makes a determination that
such use will increase the total funds available to the State
to build and rehabilitate affordable housing. In complying with
such determination requirement, a State housing credit agency
shall establish a process in which applicants that are
allocated credits are required to demonstrate good faith
efforts to obtain investment commitments for such credits
before the agency makes such subawards.
(2) Subawards subject to same requirements as low-income
housing credit allocations.--Any such subaward with respect to
any qualified low-income building may be in the form of a grant
or a loan of any duration and shall be made in the same manner
and shall be subject to the same limitations (including rent,
income, and use restrictions on such building) as an allocation
of housing credit dollar amount allocated by such State housing
credit agency under section 42 of the Internal Revenue Code of
1986, except that such subawards shall not be limited by, or
otherwise affect (except as provided in subsection (i)(9) of
such section), the State housing credit ceiling applicable to
such agency.
(3) Compliance and asset management.--The State housing
credit agency shall perform asset management functions to
ensure compliance with section 42 of the Internal Revenue Code
of 1986 and the long-term viability of buildings funded by any
subaward under this section. The State housing credit agency
may collect reasonable fees from a subaward recipient to cover
expenses associated with the performance of its duties under
this paragraph, including the reasonable costs of administering
such subawards. The State housing credit agency may retain an
agent or other private contractor to satisfy the requirements
of this paragraph.
(4) Recapture.--The State housing credit agency shall
impose conditions or restrictions, including a requirement
providing for recapture, on any subaward under this section so
as to assure that the building with respect to which such
subaward is made remains a qualified low-income building during
the compliance period. Any amounts of recapture shall be
proportional to the length of time of the noncompliance
compared to the 15-year compliance period and the percentage of
qualified basis out of compliance compared to the total
qualified basis. Any such recapture shall be payable to the
Secretary of the Treasury for deposit in the general fund of
the Treasury and may be enforced by means of liens or such
other methods as the Secretary of the Treasury determines
appropriate. A State housing credit agency may subordinate any
such lien (or other security interest) to other loans made by
third parties.
(d) Return of Unused Grant Funds.--Any grant funds not used to make
subawards under this section before January 1, 2012, shall be returned
to the Secretary of the Treasury on such date. The portion of any
subaward which is not disbursed before such date shall be returned to
the Secretary of the Treasury on such date unless the subawardee has
paid or incurred before January 1, 2012, at least 30 percent of the
subawardee's total adjusted basis in land and depreciable property that
is reasonably expected to be part of the low-income housing building
with respect to which such subaward is made. The portion of any
subaward which is not disbursed before January 1, 2013, shall be
returned to the Secretary of the Treasury on such date. Any subawards
returned to the State housing credit agency on or after January 1,
2012, shall be promptly returned to the Secretary of the Treasury. Any
amounts returned to the Secretary of the Treasury under this subsection
shall be deposited in the general fund of the Treasury.
(e) Definitions.--Any term used in this section which is also used
in section 42 of the Internal Revenue Code of 1986 shall have the same
meaning for purposes of this section as when used in such section 42.
Any reference in this section to the Secretary of the Treasury shall be
treated as including the Secretary's delegate.
(f) Appropriations.--There is hereby appropriated to the Secretary
of the Treasury such sums as may be necessary to carry out this
section.
SEC. 3. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF
LOW-INCOME HOUSING CREDITS FOR BOND-SUBSIDIZED HOUSING
PROJECTS.
(a) In General.--The Secretary of the Treasury shall make a grant
to each State in an amount equal to such State's low-income bond-
subsidized housing election amount.
(b) Low-Income Bond-Subsidized Housing Election Amount.--For
purposes of this section--
(1) In general.--The term ``low-income bond-subsidized
housing election amount'' means, with respect to any State,
such amount as the State may elect which does not exceed 85
percent of the State's bond-subsidized credit amount.
(2) Bond-subsidized credit amount.--The term ``bond-
subsidized credit amount'' means, with respect to any State,
the aggregate amount of low-income housing credits which the
State determines would, but for section 42(i)(9) of the
Internal Revenue Code of 1986, be awarded under section
42(h)(4)(B) of such Code times 10 with respect to qualified
low-income buildings receiving an allocation of qualified
residential rental project bonds of such State during 2010.
(3) Qualified residential rental project bonds.--The term
``qualified residential rental project bond'' means, with
respect to any State, any qualified bond (as defined in section
141(e) of the Internal Revenue Code of 1986) if such bond--
(A) is issued as part of an issue 95 percent or
more of the net proceeds of which are to be used to
provide qualified residential rental projects (within
the meaning of section 142 of such Code), and
(B) is taken into account under section 146 of such
Code with respect to the State ceiling applicable to
such State.
(c) Subawards for Low-Income Buildings.--
(1) In general.--A State receiving a grant under this
section shall use such grant to make subawards to finance the
construction or acquisition and rehabilitation of qualified
low-income buildings which have received the corresponding
allocation of qualified residential rental project bonds
referred to in subsection (b)(2).
(2) Subawards subject to same requirements as low-income
housing credit allocations.--Any such subaward with respect to
any qualified low-income building may be in the form of a grant
or a loan of any duration and shall be made in the same manner
and shall be subject to the same limitations (including rent,
income, and use restrictions on such building) as an allocation
of housing credit dollar amount allocated by the State housing
credit agency of such State under section 42 of the Internal
Revenue Code of 1986, except that such subawards shall not be
limited by, or otherwise affect, the State housing credit
ceiling applicable to such agency.
(3) Compliance and asset management.--A State receiving a
grant under this section shall perform asset management
functions to ensure compliance with section 42 of the Internal
Revenue Code of 1986 and the long-term viability of buildings
funded by any subaward under this section. A State may collect
reasonable fees from a subaward recipient to cover expenses
associated with the performance of its duties under this
paragraph, including the reasonable costs of administering such
subawards. A State may retain an agent or other private
contractor to satisfy the requirements of this paragraph.
(4) Recapture.--A State receiving a grant under this
section shall impose conditions or restrictions, including a
requirement providing for recapture, on any subaward under this
section so as to assure that the building with respect to which
such subaward is made remains a qualified low-income building
during the compliance period. Any amounts of recapture shall be
proportional to the length of time of the noncompliance
compared to the 15-year compliance period and the percentage of
qualified basis out of compliance compared to the total
qualified basis. Any such recapture shall be payable to the
Secretary of the Treasury for deposit in the general fund of
the Treasury and may be enforced by means of liens or such
other methods as the Secretary of the Treasury determines
appropriate. A State housing credit agency may subordinate any
such lien (or other security interest) to other loans made by
third parties.
(d) Reallocation of Bond Authority.--A State housing credit agency
shall establish a process in which applicants that are allocated bonds
and receive a subaward pursuant to subsection (c) are required to
demonstrate good faith efforts to obtain purchasers for such bonds. If
a subawardee is unable to obtain purchasers or if the State makes a
determination that reallocation of bond authority will increase the
total funds available to the State to build and rehabilitate affordable
housing, a subawardee may return its bond allocation to the State
without affecting its subaward under subsection (c) and the State may
reallocate such bond authority only for qualified residential rental
projects. Reallocated bonds shall not be taken into account for
purposes of determining eligibility for low-income housing credits
under section 42(h)(4) of the Internal Revenue Code of 1986 or for
purposes of determining eligibility for grants under subsection (c).
(e) Return of Unused Grant Funds.--Any grant funds not used to make
subawards under this section before January 1, 2012, shall be returned
to the Secretary of the Treasury on such date. The portion of any
subaward which is not disbursed before such date shall be returned to
the Secretary of the Treasury on such date unless the subawardee has
paid or incurred before January 1, 2012, at least 30 percent of the
subawardee's total adjusted basis in land and depreciable property that
is reasonably expected to be part of the low-income housing building
with respect to which such subaward is made. The portion of any
subaward which is not disbursed before January 1, 2013, shall be
returned to the Secretary of the Treasury on such date. Any subawards
returned to the State housing credit agency on or after January 1,
2012, shall be promptly returned to the Secretary of the Treasury. Any
amounts returned to the Secretary of the Treasury under this subsection
shall be deposited in the general fund of the Treasury.
(f) Definitions.--Any term used in this section which is also used
in section 42 of the Internal Revenue Code of 1986 shall have the same
meaning for purposes of this section as when used in such section 42.
Any reference in this section to the Secretary of the Treasury shall be
treated as including the Secretary's delegate.
(g) Appropriations.--There is hereby appropriated to the Secretary
of the Treasury such sums as may be necessary to carry out this
section.
SEC. 4. COORDINATION OF LOW-INCOME HOUSING CREDIT WITH LOW-INCOME
HOUSING GRANTS.
(a) In General.--Paragraph (9) of section 42(i) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraph (B) as
subparagraph (D) and by inserting after subparagraph (A) the following
new subparagraphs:
``(B) Reduction in state housing credit ceiling for
low-income housing grants received in 2010.--For
purposes of this section, the amounts described in
clauses (i) through (iv) of subsection (h)(3)(C) with
respect to any State for 2010 shall each be reduced by
so much of such amount as is taken into account in
determining the amount of any grant to such State under
section 2 of the Low Income Housing Tax Credit Exchange
Expansion and Job Creation Act of 2010.
``(C) Denial of credit for bond-subsidized
buildings receiving subawards with 2010 grant funds.--
No credit shall be determined under this section with
respect to any qualified low-income building to the
extent of the bond-subsidized credit amount determined
with respect to such building under section 3 of the
Low Income Housing Tax Credit Exchange Expansion and
Job Creation Act of 2010 if any subaward is made with
respect to such building under such section.''.
(b) Grants and Loans Not To Reduce Basis.--Subparagraph (D) of
section 42(i)(9) of such Code, as redesignated by this section, is
amended by striking ``by the amount of any grant described in
subparagraph (A)'' and inserting ``by reason of any grant or loan made
under section 1602 of the American Recovery and Reinvestment Tax Act of
2009 or section 2 or 3 of the Low Income Housing Tax Credit Exchange
Expansion and Job Creation Act of 2010''.
(c) Exclusion of Grants From Gross Income.--Paragraph (9) of
section 42(i) of such Code, as amended by this section, is amended by
adding at the end the following new subparagraph:
``(E) Exclusion of grants from gross income.--Any
grant made under section 1602 of the American Recovery
and Reinvestment Tax Act of 2009 or section 2 or 3 of
the Low Income Housing Tax Credit Exchange Extension
Act of 2009 shall not be includible in the gross income
or alternative minimum taxable income of the
taxpayer.''.
(d) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years ending after December 31, 2009.
(2) Reductions in state housing credit ceiling.--
Subparagraph (B) of section 42(i)(9) of the Internal Revenue
Code of 1986, as amended by subsection (a), shall apply to
determinations of State housing credit ceiling for calendar
years after 2009.
(3) Exclusion of grants from gross income.--The amendment
made by subsection (c) shall apply to taxable years ending
after December 31, 2008. | Low Income Housing Tax Credit Exchange Expansion and Job Creation Act of 2010 - Directs the Secretary of the Treasury to make grants to: (1) state housing credit agencies in lieu of low-income credit allocations in 2010; and (2) states for bond-subsidized housing projects.
Requires state housing credit agencies and states to use grants to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings. Requires the return of grant funds not used to make such subawards before January 1, 2012. | To provide grants to States for low-income housing projects in lieu of low-income housing credits. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haqqani Network Terrorist
Designation Act of 2012''.
SEC. 2. REPORT ON DESIGNATION OF THE HAQQANI NETWORK AS A FOREIGN
TERRORIST ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) A report of the Congressional Research Service on relations
between the United States and Pakistan states that ``[t]he
terrorist network led by Jalaluddin Haqqani and his son Sirajuddin,
based in the FATA, is commonly identified as the most dangerous of
Afghan insurgent groups battling U.S.-led forces in eastern
Afghanistan''.
(2) The report further states that, in mid-2011, the Haqqanis
undertook several high-visibility attacks in Afghanistan. First, a
late June assault on the Intercontinental Hotel in Kabul by 8
Haqqani gunmen and suicide bombers left 18 people dead. Then, on
September 10, a truck bomb attack on a United States military base
by Haqqani fighters in the Wardak province injured 77 United States
troops and killed 5 Afghans. A September 13 attack on the United
States Embassy compound in Kabul involved an assault that sparked a
20-hour-long gun battle and left 16 Afghans dead, 5 police officers
and at least 6 children among them.
(3) The report further states that ``U.S. and Afghan officials
concluded the Embassy attackers were members of the Haqqani
network''.
(4) In September 22, 2011, testimony before the Committee on
Armed Services of the Senate, Chairman of the Joint Chiefs of Staff
Admiral Mullen stated that ``[t]he Haqqani network, for one, acts
as a veritable arm of Pakistan's Inter-Services Intelligence
agency. With ISI support, Haqqani operatives plan and conducted
that [September 13] truck bomb attack, as well as the assault on
our embassy. We also have credible evidence they were behind the
June 28th attack on the Intercontinental Hotel in Kabul and a host
of other smaller but effective operations''.
(5) In October 27, 2011, testimony before the Committee on
Foreign Affairs of the House of Representatives, Secretary of State
Hillary Clinton stated that ``we are taking action to target the
Haqqani leadership on both sides of the border. We're increasing
international efforts to squeeze them operationally and
financially. We are already working with the Pakistanis to target
those who are behind a lot of the attacks against Afghans and
Americans. And I made it very clear to the Pakistanis that the
attack on our embassy was an outrage and the attack on our forward
operating base that injured 77 of our soldiers was a similar
outrage.''.
(6) At the same hearing, Secretary of State Clinton further
stated that ``I think everyone agrees that the Haqqani Network has
safe havens inside Pakistan; that those safe havens give them a
place to plan and direct operations that kill Afghans and
Americans.''.
(7) On November 1, 2011, the United States Government added
Haji Mali Kahn to a list of specially designated global terrorists
under Executive Order 13224. The Department of State described Khan
as ``a Haqqani Network commander'' who has ``overseen hundreds of
fighters, and has instructed his subordinates to conduct terrorist
acts.'' The designation continued, ``Mali Khan has provided support
and logistics to the Haqqani Network, and has been involved in the
planning and execution of attacks in Afghanistan against civilians,
coalition forces, and Afghan police''. According to Jason Blazakis,
the chief of the Terrorist Designations Unit of the Department of
State, Khan also has links to al-Qaeda.
(8) Five other top Haqqani Network leaders have been placed on
the list of specially designated global terrorists under Executive
Order 13224 since 2008, and three of them have been so placed in
the last year. Sirajuddin Haqqani, the overall leader of the
Haqqani Network as well as the leader of the Taliban's Mira shah
Regional Military Shura, was designated by the Secretary of State
as a terrorist in March 2008, and in March 2009, the Secretary of
State put out a bounty of $5,000,000 for information leading to his
capture. The other four individuals so designated are Nasiruddin
Haqqani, Khalil al Rahman Haqqani, Badruddin Haqqani, and Mullah
Sangeen Zadran.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Haqqani Network meets the criteria for designation as a
foreign terrorist organization as set forth in section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189); and
(2) the Secretary of State should so designate the Haqqani
Network as a foreign terrorist organization under such section 219.
(c) Report.--
(1) Report required.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall submit to
the appropriate committees of Congress--
(A) a detailed report on whether the Haqqani Network meets
the criteria for designation as a foreign terrorist
organization as set forth in section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189); and
(B) if the Secretary determines that the Haqqani Network
does not meet the criteria set forth under such section 219, a
detailed justification as to which criteria have not been met.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(d) Construction.--Nothing in this Act may be construed to infringe
upon the sovereignty of Pakistan to combat militant or terrorist groups
operating inside the boundaries of Pakistan.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Haqqani Network Terrorist Designation Act of 2012 - Expresses the sense of Congress that the Secretary of State should designate the Haqqani Network (an insurgent network operating in Pakistan and Afghanistan) as a foreign terrorist organization.
Directs the Secretary to report to Congress on: (1) whether the Haqqani Network meets the criteria for designation as a foreign terrorist organization; and (2) which criteria have not been met, if the Secretary determines that the Haqqani Network does not meet such designation.
States that nothing in this Act may be construed to infringe upon the sovereignty of Pakistan to combat militant or terrorist groups operating inside its boundaries. | A bill to require a report on the designation of the Haqqani Network as a foreign terrorist organization and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Gabriel Basin Water Quality
Initiative''.
SEC. 2. SAN GABRIEL BASIN RESTORATION.
(a) San Gabriel Basin Restoration.--
(1) Establishment of fund.--There shall be established
within the Treasury of the United States an interest bearing
account to be known as the San Gabriel Basin Restoration Fund
(in this section referred to as the ``Restoration Fund'').
(2) Administration of fund.--The Restoration Fund shall be
administered by the Secretary of the Army, acting through the
Chief of Engineers (in this Act referred to as the
``Secretary''). The Secretary shall administer the Fund in
cooperation with the San Gabriel Basin Water Quality Authority,
or its successor agency.
(3) Purposes of fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Restoration Fund, including interest
accrued, shall be utilized by the Secretary--
(i) to design and construct water quality
projects to be administered by the San Gabriel
Basin Water Quality Authority and the Central
Basin Water Quality Project to be administered
by the Central Basin Municipal Water District;
and
(ii) to operate and maintain any project
constructed under this section for such period
as the Secretary determines, but not to exceed
10 years, following the initial date of
operation of the project.
(B) Cost-sharing limitation.--The Secretary may not
obligate any funds appropriated to the Restoration Fund
in a fiscal year until the Secretary has deposited in the Fund an
amount provided by non-Federal interests sufficient to ensure that at
least 35 percent of any funds obligated by the Secretary are from funds
provided to the Secretary by the non-Federal interests. The San Gabriel
Basin Water Quality Authority shall be responsible for providing the
non-Federal amount required by the preceding sentence. The State of
California, local government agencies, and private entities may provide
all or any portion of such amount.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section
shall be construed to affect other Federal or State authorities that
are being used or may be used to facilitate the cleanup and protection
of the San Gabriel and Central groundwater basins. In carrying out the
activities described in this section, the Secretary shall integrate
such activities with ongoing Federal and State projects and activities.
None of the funds made available for such activities pursuant to this
section shall be counted against any Federal authorization ceiling
established for any previously authorized Federal projects or
activities.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Restoration Fund established under subsection (a)
$85,000,000. Such funds shall remain available until expended.
(2) Set-aside.--Of the amounts appropriated under paragraph
(1), no more than $10,000,000 shall be available to carry out
the Central Basin Water Quality Project.
SEC. 3. PERCHLORATE.
(a) In General.--The Secretary, in cooperation with Federal, State,
and local government agencies, is authorized to participate in studies
and other investigative activities and in the planning and design of
projects determined by the Secretary to offer a long-term solution to
the problem of groundwater contamination caused by perchlorates.
(b) Investigations and Projects.--
(1) Bosque and leon rivers.--The Secretary, in coordination
with other Federal agencies and the Brazos River Authority,
shall participate under subsection (a) in investigations and
projects in the Bosque and Leon River watersheds in Texas to
assess the impact of the perchlorate associated with the former
Naval ``Weapons Industrial Reserve Plant'' at McGregor, Texas.
(2) Caddo lake.--The Secretary, in coordination with other
Federal agencies and the Northeast Texas Municipal Water
District, shall participate under subsection (a) in
investigations and projects relating to perchlorate
contamination in Caddo Lake, Texas.
(3) Eastern santa clara basin.--The Secretary, in
coordination with other Federal, State, and local government
agencies, shall participate under subsection (a) in
investigations and projects related to sites that are sources
of perchlorates and that are located in the city of Santa
Clarita, California.
(c) Authorization of Appropriations.--For the purposes of carrying
out the activities authorized in this section, there is authorized to
be appropriated to the Secretary $25,000,000, of which not to exceed
$8,000,000 shall be available to carry out subsection (b)(1), not to
exceed $3,000,000 shall be available to carry out subsection (b)(2),
and not to exceed $7,000,000 shall be available to carry out subsection
(b)(3).
Passed the House of Representatives March 28, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Prohibits the Secretary from obligating any funds appropriated to the Restoration Fund in a fiscal year until the Secretary has deposited in such fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary are from funds provided by such interests. Makes the San Gabriel Basin Water Quality Authority responsible for providing such amount. Permits the State of California, local government agencies, and private entities to provide all or any portion of such amount.
Authorizes appropriations. Provides that no more than $10 million of such authorization shall be available to carry out such project.
Authorizes the Secretary, in cooperation with Federal, State, and local government agencies, to participate in studies and other investigative activities and in the planning and design of projects which offer a long- term solution to the problem of groundwater contamination caused by perchlorates.
Directs the Secretary, under such study: (1) in coordination with other Federal agencies and the Brazos River Authority, to participate in investigations and projects in the Bosque and Leon River watersheds in Texas to assess the impact of the perchlorate associated with the former Naval "Weapons Industrial Reserve Plant" at McGregor, Texas; (2) in coordination with other Federal agencies and the Northeast Texas Municipal Water District, to participate in investigations and projects relating to perchlorate contamination in Caddo Lake, Texas; and (3) in coordination with other Federal, State, and local government agencies, to participate in investigations and projects related to sites that are sources of perchlorates and that are located in Santa Clarita, California. Authorizes appropriations for such study, of which not more than separate, specified amounts shall be available to carry out each such set of investigations and projects under such study. | San Gabriel Basin Water Quality Initiative |
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