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SECTION 1. SHORT TITLE.
This Act may be cited as the ``NII Copyright Protection Act of
1995''.
SEC. 2. TRANSMISSION OF COPIES.
(a) Distribution.--Section 106(3) of title 17, United States Code,
is amended by striking ``or by rental, lease, or lending'' and
inserting ``by rental, lease, or lending, or by transmission''.
(b) Definitions.--Section 101 of title 17, United States Code, is
amended--
(1) in the definition of ``publication'' by striking ``or
by rental, lease, or lending'' in the first sentence and insert
``by rental, lease, or lending, or by transmission''; and
(2) in the definition of ``transmit'' by inserting at the
end thereof the following: ``To `transmit' a reproduction is to
distribute it by any device or process whereby a copy or
phonorecord of the work is fixed beyond the place from which it
was sent.''.
(c) Importation.--Section 602 of title 17, United States Code, is
amended by inserting ``whether by carriage of tangible goods or by
transmission,'' after ``importation into the United States,''.
SEC. 3. EXEMPTIONS FOR LIBRARIES AND THE VISUALLY IMPAIRED.
(a) Libraries.--Section 108 of title 17, United States Code, is
amended--
(1) in subsection (a) by deleting ``one copy or
phonorecord'' and inserting in lieu thereof ``three copies or
phonorecords'';
(2) in subsection (a) by deleting ``such copy or
phonorecord'' and inserting in lieu thereof ``no more than one
of such copies or phonorecords'';
(3) by inserting at the end of subsection (a)(3) ``if such
notice appears on the copy or phonorecord that is reproduced
under the provisions of this section'';
(4) in subsection (b) by inserting ``or digital'' after
``facsimile'' and by inserting ``in facsimile form'' before
``for deposit for research use''; and
(5) in subsection (c) by inserting ``or digital'' after
``facsimile''.
(b) Visually Impaired.--Title 17, United States Code, is amended by
adding the following new section:
``Sec. 108A. Limitations on exclusive rights: Reproduction for the
Visually Impaired
``Notwithstanding the provision of section 106, it is not an
infringement of copyright for a non-profit organization to reproduce
and distribute to the visually impaired, at cost, a Braille, large
type, audio or other edition of a previously published literary work in
a form intended to be perceived by the visually impaired, provided
that, during a period of at least one year after the first publication
of a standard edition of such work in the United States, the owner of
the exclusive right to distribute such work in the United States has
not entered the market for editions intended to be perceived by the
visually impaired.''.
SEC. 4. COPYRIGHT PROTECTION SYSTEMS AND COPYRIGHT MANAGEMENT
INFORMATION.
Title 17, United States Code, is amended by adding the following
new chapter:
``CHAPTER 12.--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS
``Sec.
``1201. Circumvention of copyright protection systems.
``1202. Integrity of copyright management information.
``1203. Civil remedies.
``1204. Criminal offenses and penalties.
``Sec. 1201. Circumvention of copyright protection systems
``No person shall import, manufacture or distribute any device,
product, or component incorporated into a device or product, or offer
or perform any service, the primary purpose or effect of which is to
avoid, bypass, remove, deactivate, or otherwise circumvent, without the
authority of the copyright owner or the law, any process, treatment,
mechanism or system which prevents or inhibits the violation of any of
the exclusive rights of the copyright owner under section 106.
``Sec. 1202. Integrity of copyright management information
``(a) False Copyright Management Information.--No person shall
knowingly provide copyright management information that is false, or
knowingly publicly distribute or import for public distribution
copyright management information that is false.
``(b) Removal or Alteration of Copyright Management Information.--
No person shall, without authority of the copyright owner or the law,
(i) knowingly remove or alter any copyright management information,
(ii) knowingly distribute or import for distribution copyright
management information that has been altered without authority of the
copyright owner or the law, or (iii) knowingly distribute or import for
distribution copies or phonorecords from which copyright management
information has been removed without authority of the copyright owner
or the law.
``(c) Definition.--As used in this chapter, ``copyright management
information'' means the name and other identifying information of the
author of a work, the name and other identifying information of the
copyright owner, terms and conditions for uses of the work, and such
other information as the Register of Copyrights may prescribe by
regulation.
``Sec. 1203. Civil remedies
``(a) Civil Actions.--Any person injured by a violation of Sec.
1201 or 1202 may bring a civil action in an appropriate United States
district court for such violation.
``(b) Powers of the Court.--In an action brought under subsection
(a), the court--
``(1) may grant temporary and permanent injunctions on such
terms as it deems reasonable to prevent or restrain a
violation;
``(2) at any time while an action is pending, may order the
impounding, on such terms as it deems reasonable, of any device
or product that is in the custody or control of the alleged
violator and that the court has reasonable cause to believe was
involved in a violation;
``(3) may award damages under subsection (c);
``(4) in its discretion may allow the recovery of costs by
or against any party other than the United States or an officer
thereof;
``(5) in its discretion may award reasonable attorney's
fees to the prevailing party; and
``(6) may, as part of a final judgment or decree finding a
violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under subsection (2).
``(c) Award of Damages.--
``(1) In general.--Except as otherwise provided in this
chapter, a violator is liable for either (i) the actual damages
and any additional profits of the violator, as provided by
subsection (2) or (ii) statutory damages, as provided by
subsection (3).
``(2) Actual damages.--The court shall award to the
complaining party the actual damages suffered by him or her as
a result of the violation, and any profits of the violator that are
attributable to the violation and are not taken into account in
computing the actual damages, if the complaining party elects such
damages at any time before final judgment is entered.
``(3) Statutory damages.--
``(A) At any time before final judgment is entered,
a complaining party may elect to recover an award of
statutory damages for each violation of section 1201 in
the sum of not less than $200 or more than $2,500 per
device, product, offer or performance of service, as
the court considers just.
``(B) At any time before final judgment is entered,
a complaining party may elect to recover an award of
statutory damages for each violation of section 1202 in
the sum of not less than $2,500 or more than $25,000.
``(4) Repeated violations.--In any case in which the
injured party sustains the burden of proving, and the court
finds, that a person has violated section 1201 or 1202 within
three years after a final judgment was entered against that
person for another such violation, the court may increase the
award of damages up to triple the amount that would otherwise
be awarded, as the court considers just.
``(5) Innocent violations.--The court in its discretion may
reduce or remit altogether the total award of damages in any
case in which the violator sustains the burden of proving, and
the court finds, that the violator was not aware and had no
reason to believe that its acts constituted a violation.
``Sec. 1204. Criminal offenses and penalties
``Any person who violates section 1202 with intent to defraud shall
be fined not more than $500,000 or imprisoned for not more than 5
years, or both.''.
SEC. 5. CONFORMING AMENDMENTS.
(a) Table of Sections.--The table of sections for chapter 1 of
title 17, United States Code, is amended by inserting after the item
relating to section 108 the following:
``108A. Limitations on exclusive rights: Reproduction for the Visually
Impaired.''
(b) Table of Chapters.--The table of chapters for title 17, United
States Code, is amended by adding at the end the following:
``12. Copyright Protection and Management Systems........... 1201''.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of the enactment of this Act. | NII Copyright Protection Act of 1995 - Amends Federal copyright law to grant exclusive rights to the owner of a copyrighted work to provide public distribution of copies or phonorecords of such work by transmission.
Revises the definition of: (1) "publication" to include transmission as a means by which copies and phonorecords of a work may be distributed to the public; and (2) "transmit" to include distribution by any device or process whereby a copy or phonorecord of the work is fixed beyond the place from which it was sent.
Makes importation in the United States, whether by carriage of tangible goods or by transmission, of copies or phonorecords of work acquired outside of the United States an infringement of the exclusive right to distribute such work unless done with the owner's consent.
(Sec. 3) Increases from one to three the limit on copies or phonorecords of a work a library or archive is allowed to reproduce. Limits the number of such copies or phonorecords that may be distributed to one. Revises the conditions of such reproduction or distribution to require that a copyright notice must appear on the copy or phonorecord that is reproduced under the provisions of this Act.
Allows a library or archive to reproduce or distribute a copy or phonorecord of an unpublished work duplicated in a digital form solely for purposes of: (1) preservation and security; and (2) replacement of a copy or phonorecord that is damaged, deteriorating, lost, or stolen, if the library or archive determines that an unused replacement cannot be obtained at a fair price.
Exempts a non-profit organization from copyright infringement for reproducing and distributing to the visually impaired, at cost, a Braille, large type, audio or other edition of a previously published literary work in a form intended to be perceived by the visually impaired if, during at least a one-year period after the first publication of a standard edition of such work in the United States, the owner of the exclusive right to distribute such work in the United States has not entered the market for editions intended to be perceived by the visually impaired.
(Sec. 4) Prohibits any person from importing, manufacturing, or distributing any device or product, or from offering or performing any service, the primary purpose or effect of which is to circumvent any process, treatment, mechanism, or system which prevents or inhibits the violation of any of the exclusive rights of the copyright owner, without the authority of such owner or the law.
Prohibits a person from knowingly: (1) providing, publicly distributing, or importing for public distribution false copyright management information; (2) removing or altering any copyright management information, without the authority of the copyright owner or the law; or (3) distributing or importing for distribution such unauthorized altered information or copies or phonorecords from which such information has been removed without authorization. Defines "copyright management information" to mean the name and other identifying information of the author of a work, the name and other identifying information of the copyright owner, terms and conditions for uses of the work, and such other information as the Register of Copyrights may prescribe by regulation.
Sets forth civil remedies and criminal penalties for violation of this section. | NII Copyright Protection Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Accountability Act of
1997''.
SEC. 2. PROHIBITION OF PAYMENT OF ARREARAGES TO UNITED NATIONS.
Until a certification by the President of reforms in the United
Nations under section 3 is transmitted to the Congress and the
certification is approved by the Congress through enactment of a joint
resolution in accordance with section 4, and notwithstanding any other
provision of law, funds appropriated or otherwise made available for
any fiscal year under ``Contributions to International Organizations'',
``Contributions for International Peacekeeping'', or any other account
shall not be available for the payment of any assessed contribution of
the United States for prior years to the United Nations.
SEC. 3. CERTIFICATION BY THE PRESIDENT OF UNITED NATIONS REFORMS.
The certification referred to in section 2 is a certification (with
supporting documentation) by the President to the Congress that the
United Nations has implemented all of the following reforms:
(1) Assessed payment reformulation.--
(A) The assessed payment of the United States to
the United Nations for each year has been lowered to 20
percent of the budget of the United Nations, or
(B) The United Nations has reformulated each member
state's assessed level to reflect each state's share of
the total world gross national product.
(2) Code of conduct.--The United Nations has implemented a
code of conduct for all employees of the United Nations. The
code of conduct shall specify that no United Nations official,
including the Secretary General, shall be permitted to engage
in business activities outside the United Nations, or provide
any relative with access to United Nations procurement
contracts, or take bribes, directly or indirectly, from
individuals or corporations doing business with the United
Nations or from United Nations member states or their
representatives.
(3) Inspector general of the united nations.--The Office of
Inspector General of the United Nations has been strengthened
as follows:
(A) The United Nations has a truly independent
office of inspector general to conduct and supervise
objective audits, inspections, and investigations
relating to programs and operations of the United
Nations. The office shall be financed under a separate
line item in the budget of the United Nations and shall
function independently of the Secretary General.
(B) The United Nations has an inspector general who
is selected and elected by the General Assembly for a
term of 3 years and whose appointment was made
principally on the basis of the appointee's integrity
and demonstrated ability in accounting, auditing,
financial analysis, law, management analysis, public
administration, or investigation. The inspector general
may be removed only for cause by the Secretary General
with the approval of the General Assembly.
(C) The inspector general is authorized to--
(i) make investigations and reports
relating to the administration of the programs
and operations of the United Nations;
(ii) have access to all relevant records,
documents, and other available materials
relating to those programs and operations; and
(iii) have direct and prompt access to any
official of the United Nations.
(D) The United Nations has fully implemented, and
made available to all member states, procedures
designed to protect the identity of, and prevent
reprisals against, any employee of the United Nations
making a complaint or disclosing information to, or
cooperating in any investigation or inspection by, the
inspector general.
(E) The United Nations has fully implemented
procedures designed to ensure compliance with
recommendations of the inspector general.
(F) The United Nations has required the inspector
general to issue an annual report and has ensured that
the annual report and all other relevant reports of the
inspector general are made available to the member
governments of the United Nations General Assembly
without modification.
(G) The United Nations is committed to providing
sufficient budgetary resources to ensure the effective
operation of the office of the inspector general.
(4) Employee protection.--The existing United Nations
grievance system has been thoroughly reformed to permit United
Nations employees to hire outside counsel for taking their
grievances up the United Nations grievance ladder to the top
United Nations grievance appeals level. It should also be made
amply clear for civil lawyers and judges in each member state
that United Nations officials' immunity from civil process
applies only to actions performed in the strict fulfillment of
United Nations official duties and never to abuses in violation
of an extensive United Nations code of conduct, United Nations
employees having the right and option in such cases any time to
exit the United Nations grievance process and sue in a civil
court.
(5) Procurement reforms.--
(A) The United Nations has implemented a system
requiring at least 30 days prior notification for the
submission of all qualified bid proposals on all United
Nations procurement opportunities of more than $100,000
and a public announcement of the award of any contract
of more than $100,000 (except in justified and
documented emergencies).
(B) To the extent practicable, notifications and
announcements under subparagraph (A) are made in the
Commerce Business Daily.
(C) The procurement regulations of the United
Nations prohibit punitive actions such as the
suspension of contract eligibility for contractors who
challenge contract awards or complain about delayed
payments.
(6) Whistleblower protection.--The United Nations has
implemented whistleblower protection for employees of the
United Nations that--
(A) protects employees who allege or report
instances of fraud or mismanagement, and
(B) the independent Office of the Inspector General
has reviewed the policies and regulations under
subparagraph (A) and determined, in writing, that they
offer adequate safeguards against retaliation for such
employees, and that the United Nations employee
grievance system outlined in paragraph (4)(C)(ii) has
been reformed and the reforms implemented.
(7) No growth budget.--The United Nations has adopted a
calendar year 2000-2001 biennial budget that requires no
nominal growth, in dollars, in expenditures.
(8) Downsizing.--The United Nations has continued to
downsize the number of authorized employment positions,
including a reduction of not less than 10 percent in the number
of full-time permanent authorized employment positions from
the number of such positions authorized on January 1, 1997. Acceptable
downsizing may not include early detachment from United Nations service
with full pay until retirement age is reached, nor may it include the
hiring of consultants to replace employees detached early with full pay
or those replaced by temporary employees on short-term contracts.
(9) Salaries.--The United Nations has imposed a freeze on
salaries of employees of the United Nations which allows only
for annual increases not greater than any annual increase in
the United States consumer price index.
(10) Representation on advisory committee on administrative
and budget questions.--The 8 member states which are the
highest contributors to the budget of the United Nations shall
be permanent members of the Advisory Committee on
Administrative and Budget Questions.
(11) Access to documents.--Require access by any member
state of the United Nations Budget Committee (also known as the
Fifth Committee) to any document concerning any United Nations
program that involves expenditures.
(12) Annual reauthorization of peace-keeping missions.--The
United Nations requires an annual review and reauthorization of
any peacekeeping missions by the United Nations Security
Council.
(13) Reimbursement for united states department of defense
peacekeeping expenditures.--The United Nations has reimbursed
the United States Department of Defense for voluntary
contributions to United Nations peacekeeping missions and the
United Nations and the United States have entered into an
agreement that calls for United Nations reimbursement for any
future voluntary contributions by the United States Department
of Defense, whether they be financial, logistical, or material.
(14) United states arrearages.--The United Nations and the
United States have mutually determined an amount that will
satisfy any and all arrearages of the United States in assessed
contributions for prior years.
(15) Nominations to security council.--All member states of
the United Nations belong to a regional group that allows each
member state to be nominated to the Security Council.
(16) United nations taxes.--The United Nations has
abandoned any effort to establish an international tax or any
other international fee or assessment imposed by the United
Nations (other than the assessed contributions of member states
of the United Nations and associated organs).
(17) Noninterference with religious belief, culture, or
tradition.--Neither the United Nations nor any affiliated
agency or entity is engaged in any program or activity that
threatens to interfere with the religion, moral values,
culture, or traditions of any person or group, except insofar
as is strictly necessary for the protection of fundamental and
internationally recognized human rights.
SEC. 4. CONGRESSIONAL APPROVAL OF PRESIDENTIAL CERTIFICATION.
(a) Terms of the Resolution.--For purposes of section 2, the term
``joint resolution'' means only a joint resolution which is enacted
within the 30-legislative day period beginning on the date on which the
President transmits the certification (and supporting documentation) to
the Congress under this Act, and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``That Congress approves the certification of the
President regarding reforms in the United Nations.''; and
(3) the title of which is as follows: ``Joint resolution
approving the certification of the President regarding reforms
in the United Nations.''.
(b) Referral.--A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on International Relations and the Committee on
Appropriations of the House of Representatives. A resolution described
in subsection (a) introduced in the Senate shall be referred to the
Committee on Foreign Relations and the Committee on Appropriations of
the Senate.
(c) Discharge.--If the committee to which a resolution described in
subsection (a) is referred has not reported such resolution (or an
identical resolution) by the end of the 15 legislative-day period
beginning on the date on which the President transmits the
certification to the Congress under section 2, such committee shall be,
at the end of such period, discharged from further consideration of
such resolution, and such resolution shall be placed on the appropriate
calendar of the House involved.
(d) Consideration.--(1) On or after the third legislative day after
the date on which the committee to which such a resolution is referred
has reported, or has been discharged (under subsection (c)) from
further consideration of, such a resolution, it is in order (even
though a previous motion to the same effect has been disagreed to) for
any Member of the respective House to move to proceed to the
consideration of the resolution. A Member may make the motion only on
the legislative day after the legislative day on which the Member
announces to the House concerned the Member's intention to make the
motion, except that, in the case of the House of Representatives, the
motion may be made without such prior announcement if the motion is
made by direction of the committee to which the resolution was
referred. All points of order against the resolution (and against
consideration of the resolution) are waived. The motion is highly
privileged in the House of Representatives and is privileged in the
Senate and is not debatable. The motion is not subject to amendment, or
to a motion to postpone, or to a motion to proceed to the consideration
of other business. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is agreed to, the
respective House shall immediately proceed to consideration of the
joint resolution without intervening motion, order, or other business,
and the resolution shall remain the unfinished business of the
respective House until disposed of.
(2) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than 2
hours, which shall be divided equally between those favoring and those
opposing the resolution. An amendment to the resolution is not in
order. A motion further to limit debate is in order and not debatable.
A motion to postpone, or a motion to proceed to the consideration of
other business, or a motion to recommit the resolution is not in order.
A motion to reconsider the vote by which the resolution is agreed to or
disagreed to is not in order.
(3) Immediately following the conclusion of the debate on a
resolution described in subsection (a) and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of
the appropriate House, the vote on final passage of the resolution
shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in subsection (a) shall be decided without debate.
(e) Consideration by Other House.--(1) If, before the passage by
one House of a resolution of that House described in subsection (a),
that House receives from the other House a resolution described in
subsection (a), then the following procedures shall apply:
(A) The resolution of the other House shall not be referred
to a committee and may not be considered in the House receiving
it except in the case of final passage as provided in
subparagraph (B)(ii).
(B) With respect to a resolution described in subsection
(a) of the House receiving the resolution--
(i) the procedure in that House shall be the same
as if no resolution had been received from the other
House; but
(ii) the vote on final passage shall be on the
resolution of the other House.
(2) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution that
originated in the receiving House.
(f) Rules of the Senate and House.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution described in subsection
(a), and it supersedes other rules only to the extent that it
is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
(g) Legislative Day Defined.--For the purposes of this section, the
term ``legislative day'' means any calendar day other than a day on
which either House is not in session. | United Nations Accountability Act of 1997 - Prohibits the payment of arrearages of U.S. contributions to the United Nations (UN) until the President certifies to, and a joint resolution is approved by, the Congress that the UN has implemented specified reforms, including: (1) a reformulation of the assessed U.S. payment to the UN; (2) implementation of a code of conduct for UN employees; (3) strengthening of the powers of the Office of Inspector General of the UN; (4) reform of the UN grievance system to permit UN employees to hire outside counsel; (5) implementation of certain reforms to UN procurement procedures; (6) whistleblower protection for UN employees; (7) adoption of a no growth biennial budget; (8) acceptable downsizing; (9) a freeze on UN employee salaries; (10) making the eight member states with the highest contributions to the UN permanent members of the Advisory Committee on Administrative and Budget Questions; (11) providing access by Budget Committee member states to certain expenditure documents; (12) requiring an annual review and reauthorization of any peacekeeping missions by the UN Security Council; (13) UN reimbursement for Department of Defense contributions to UN peacekeeping missions; (14) satisfaction of U.S. arrearages in contributions to the UN; (15) allowance of all member states to be nominated to the Security Council; (16) abandonment of UN efforts to establish an international tax; and (17) UN noninterference with any people's religion, moral values, culture, or traditions. | United Nations Accountability Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oversight of Sensitive Military
Operations Act''.
SEC. 2. CONGRESSIONAL NOTIFICATION OF SENSITIVE MILITARY OPERATIONS.
(a) Notification Required.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 130f. Congressional notification of sensitive military
operations
``(a) In General.--The Secretary of Defense shall promptly submit
to the congressional defense committees notice in writing of any
sensitive military operation following such operation.
``(b) Procedures.--(1) The Secretary of Defense shall establish and
submit to the congressional defense committees procedures for complying
with the requirements of subsection (a) consistent with the national
security of the United States and the protection of operational
integrity.
``(2) The congressional defense committees shall ensure that
committee procedures designed to protect from unauthorized disclosure
classified information relating to national security of the United
States are sufficient to protect the information that is submitted to
the committees pursuant to this section.
``(c) Sensitive Military Operation Defined.--The term `sensitive
military operation' means a lethal operation or capture operation
conducted by the armed forces outside the United States pursuant to--
``(1) the Authorization for Use of Military Force (Public
Law 107-40; 50 U.S.C. 1541 note); or
``(2) any other authority except--
``(A) a declaration of war; or
``(B) a specific authorization for the use of force
other than the authorization referred to in paragraph
(1).
``(d) Exception.--The notification requirement under subsection (a)
shall not apply with respect to a sensitive military operation executed
within the territory of Afghanistan pursuant to the Authorization for
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).
``(e) Rule of Construction.--Nothing in this section shall be
construed to provide any new authority or to alter or otherwise affect
the War Powers Resolution (50 U.S.C. 1541 et seq.) or the Authorization
for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130e the following new item:
``130f. Congressional notification regarding sensitive military
operations.''.
(b) Effective Date.--Section 130f of title 10, United States Code,
as added by subsection (a), shall apply with respect to any sensitive
military operation (as defined in subsection (c) of such section)
executed on or after the date of the enactment of this Act.
(c) Deadline for Submittal of Procedures.--The Secretary of Defense
shall submit to the congressional defense committees the procedures
required under section 130f(b) of title 10, United States Code, as
added by subsection (a), by not later than 60 days after the date of
the enactment of this Act.
SEC. 3. REPORT ON PROCESS FOR DETERMINING TARGETS OF LETHAL OPERATIONS.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an explanation of
the legal and policy considerations and approval processes used in
determining whether an individual or group of individuals could be the
target of a lethal operation or capture operation conducted by the
Armed Forces of the United States outside the United States.
(b) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
SEC. 4. COUNTERTERRORISM OPERATIONAL BRIEFINGS.
(a) Briefings Required.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 492. Quarterly briefings: counterterrorism operations
``(a) Briefings Required.--The Secretary of Defense shall provide
to the congressional defense committees quarterly briefings outlining
Department of Defense counterterrorism operations and related
activities involving special operations forces.
``(b) Elements.--Each briefing under subsection (a) shall include
each of the following:
``(1) A global update on activity within each geographic
combatant command.
``(2) An overview of authorities and legal issues including
limitations.
``(3) An outline of interagency activities and initiatives.
``(4) Any other matters the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``492. Quarterly briefings: counterterrorism operations.''. | Oversight of Sensitive Military Operations Act - Directs the Secretary of Defense (DOD) to notify the congressional defense and appropriations committees of any sensitive military operation (a lethal or capture operation conducted by U.S. Armed Forces outside the United States) promptly following such operation. Requires: (1) the Secretary to submit to such committees procedures for complying with such requirement consistent with U.S. national security and the protection of operational integrity, and (2) such committees to ensure that committee procedures designed to protect the unauthorized disclosure of U.S. national security information are sufficient to protect the information submitted. Makes the notification requirement inapplicable to a sensitive military operation executed within Afghanistan pursuant to the Authorization for Use of Military Force. Requires the Secretary to submit to such committees an explanation of the legal and policy considerations and approval processes used in determining whether an individual or group could become the target of a sensitive military operation. Directs the Secretary to provide such committees quarterly briefings on DOD counterterrorism operations and related activities involving special operations forces. | Oversight of Sensitive Military Operations Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Space Preservation Act of
1993''.
SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Gross Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2031 of the Internal Revenue Code of
1986 (relating to the definition of gross estate) is amended by
redesignating subsection (c) as subsection (d) and by inserting after
subsection (b) the following new subsection:
``(c) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--
``(1) In general.--Except as otherwise provided in this
subsection, there shall be excluded from the gross estate the
value of land subject to a qualified conservation easement
(less the amount of any indebtedness secured by such land).
There shall be included in the gross estate the value of each
development right retained by the donor in the conveyance of
such qualified conservation easement. For purposes of this
subsection, the term `land subject to a qualified conservation
easement' shall mean land, which was owned by the decedent or a
member of the decedent's family during the 3-year period ending
on the date of the decedent's death, and with respect to which
a qualified conservation contribution of a qualified real
property interest (as defined in section 170(h)) has been made
by the decedent, the decedent's spouse or the decedent's
parent, a lineal ancestor of the decedent, or a lineal
descendant of the decedent, the decedent's spouse or the
decedent's parent, or a spouse of such lineal descendant. For
purposes of this subsection, the term `qualified real property
interest' shall not include a certified historic structure (as
defined in section 170(h)(4)(A)(iv)). For purposes of this
subsection, the term `member of the decedent's family' shall
have the same meaning as the term `member of the family' in
section 2032A.
``(2) Payment of tax upon certain disposition of land
subject to retained development right.--The tax attributable to
the amount included in the gross estate relating to development
rights retained by the donor in the conveyance of a qualified
conservation easement shall be due upon the disposition (other
than by gift or bequest) of such property.''
(b) Carryover Basis.--Section 1014(a) of the Internal Revenue Code
of 1986 (relating to basis of property acquired from a decedent) is
amended by striking the period at the end of paragraph (3), inserting
``or,'' at the end thereof, and inserting the following new paragraph:
``(4) in the case of the applicability of section 2031(c),
the basis in the hands of the decedent.''
(c) Effective Date.--The amendments made by this section shall
apply to land on which qualified conservation easements were granted
after December 31, 1992.
SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2503 of the Internal Revenue Code of
1986 (relating to taxable gifts) is amended by adding at the end
thereof the following new subsection:
``(h) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--The transfer by gift of land subject to a
qualified conservation easement (other than development rights retained
by the donor of such easement) shall not be treated as a transfer of
property by gift for purposes of this chapter. For purposes of this
subsection, the term `land subject to a qualified conservation
easement' and `qualified real property interest' shall have the same
meaning as in section 2031(c) and the term `member of the decedent's
family' shall have the same meaning as the term `member of the family'
in section 2032A.''
(b) Effective Date.--The amendments made by this section shall
apply to land on which qualified conservation easements were granted
after December 31, 1992.
SEC. 4. TEMPORARY DEFERRAL OF SCHEDULED REDUCTION IN CERTAIN ESTATE TAX
RATES.
(a) In General.--Paragraph (2) of section 2001(c) of the Internal
Revenue Code of 1986 (relating to phase-in of 50 percent maximum rate)
is amended by adding at the end thereof the following new subparagraph:
``(E) After 1992 and before 1998.--In the case of
decedents dying, and gifts made after 1992 and before
1998, the substitution under this paragraph shall be as
follows:
``If the amount with respect
to which the tentative tax
to be computed is: The tentative tax is:
Over $2,500,000................
$1,025,800, plus 53 percent of
the
excess over $2,500,000.''
(b) Technical Amendment.--Subparagraph (A) of section 2001(c)(2) of
such Code is amended by striking ``1993'' and inserting ``1998''.
(c) Effective Date.--The amendments made by this section shall
apply in the case of decedents dying, and gifts made, after December
31, 1992.
SEC. 5. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.
(a) General Rule.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 137 as section
138 and by inserting after section 136 the following new section:
``SEC. 137. SALES AND EXCHANGES OF FARMLAND THE USE OF WHICH IS
RESTRICTED TO FARMING.
``(a) General Rule.--In the case of an operator of farmland, gross
income does not include gain from the sale or exchange of eligible
farmland if there is in effect on the date of such sale or exchange a
qualified covenant which does not permit any use of such farmland for
any purpose other than use as farmland.
``(b) Definitions.--For purposes of this section--
``(1) Eligible farmland.--
``(A) In general.--The term `eligible farmland'
means any farmland with respect to which the land use
restrictions imposed by the State, and the land use
restrictions imposed by any political subdivision of
such State, in which such farmland is located provide
that such farmland may be used only as farmland.
``(B) Farmland to which no land use restriction
applies treated as eligible farmland.--In the case of
any farmland with respect to which no land use
restriction imposed by a State or political subdivision
applies, such farmland shall be treated as eligible
farmland.
``(C) Date for determining whether farmland is
eligible farmland.--The determination of whether
farmland is eligible farmland shall be made on the date
the qualified covenant with respect to such farmland is
entered into.
``(2) Farmland.--The term `farmland' means any real
property--
``(A) which is located in the United States, and
``(B) which is used as a farm for farming purposes
(within the meaning of section 2032A(e)).
``(3) Qualified covenant--The term `qualified covenant'
means a covenant--
``(A) which may not be revoked,
``(B) which, with respect to farmland to which such
covenant applies, is entered into by all persons having
any ownership interest in such farmland, and
``(C) which binds all future owners of the farmland
to which such covenant applies.
``(c) Application With Principal Residences.--For purposes of this
section, use as farmland includes use as the principal residence of the
operator of such farmland.
``(d) Verification of Covenant.--Subsection (a) shall not apply by
reason of any covenant unless such person--
``(1) notifies (in such form and manner as the Secretary
may by regulations prescribe) both the Secretary and the
Secretary of Agriculture of the political subdivision of the
State in which such covenant is recorded, and
``(2) submits to the Secretary a copy of such covenant.''
(b) Clerical Amendment.--The table of sections for such part is
amended by striking out the item relating to section 137 and inserting
in lieu thereof the following:
``Sec. 137. Sales and exchanges of
farmland the use of which is
restricted to farming.
``Sec. 138. Cross references to other
Acts.''
(c) Effective Date.--The amendments made by this section shall
apply to covenants first recorded after the date of the enactment of
this Act, in taxable years ending after such date. | Open Space Preservation Act of 1993 - Amends the Internal Revenue Code to exclude from the gross estate the value of land subject to a qualified conservation easement for estate tax purposes. Includes in the gross estate the value of each development right retained by the donor in the conveyance of such easement.
Excludes from the gift tax the transfer by gift of land subject to a qualified conservation easement.
Defers the reduction in estate tax rates from 1993 until 1998.
Excludes from gross income any gain from the sale or exchange of eligible farmland that is subject to an irrevocable covenant binding all future owners to use the land as farmland. | Open Space Preservation Act of 1993 |
SECTION 1. GRID-ENABLED WATER HEATERS.
Part B of title III of the Energy Policy and Conservation Act (42
U.S.C. 6291 et seq.) is amended--
(1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the
end the following:
``(6) Additional standards for grid-enabled water
heaters.--
``(A) Definitions.--In this paragraph:
``(i) Activation lock.--The term
`activation lock' means a control mechanism
(either a physical device directly on the water
heater or a control system integrated into the
water heater) that is locked by default and
contains a physical, software, or digital
communication that must be activated with an
activation key to enable the product to operate
at its designed specifications and capabilities
and without which activation the product will
provide not greater than 50 percent of the
rated first hour delivery of hot water
certified by the manufacturer.
``(ii) Grid-enabled water heater.--The term
`grid-enabled water heater' means an electric
resistance water heater that--
``(I) has a rated storage tank
volume of more than 75 gallons;
``(II) is manufactured on or after
April 16, 2015;
``(III) has--
``(aa) an energy factor of
not less than 1.061 minus the
product obtained by
multiplying--
``(AA) the rated
storage volume of the
tank, expressed in
gallons; and
``(BB) 0.00168; or
``(bb) an equivalent
alternative standard prescribed
by the Secretary and developed
pursuant to paragraph (5)(E);
``(IV) is equipped by the
manufacturer with an activation lock;
and
``(V) bears a permanent label
applied by the manufacturer that--
``(aa) is made of material
not adversely affected by
water;
``(bb) is attached by means
of non-water-soluble adhesive;
and
``(cc) advises purchasers
and end-users of the intended
and appropriate use of the
product with the following
notice printed in 16.5 point
Arial Narrow Bold font:
```IMPORTANT INFORMATION: This water heater is intended only for use as
part of an electric thermal storage or demand response program. It will
not provide adequate hot water unless enrolled in such a program and
activated by your utility company or another program operator. Confirm
the availability of a program in your local area before purchasing or
installing this product.'.
``(B) Requirement.--The manufacturer or private
labeler shall provide the activation key for a grid-
enabled water heater only to a utility or other company
that operates an electric thermal storage or demand
response program that uses such a grid-enabled water
heater.
``(C) Reports.--
``(i) Manufacturers.--The Secretary shall
require each manufacturer of grid-enabled water
heaters to report to the Secretary annually the
quantity of grid-enabled water heaters that the
manufacturer ships each year.
``(ii) Operators.--The Secretary shall
require utilities and other demand response and
thermal storage program operators to report
annually the quantity of grid-enabled water
heaters activated for their programs using
forms of the Energy Information Agency or using
such other mechanism that the Secretary
determines appropriate after an opportunity for
notice and comment.
``(iii) Confidentiality requirements.--The
Secretary shall treat shipment data reported by
manufacturers as confidential business
information.
``(D) Publication of information.--
``(i) In general.--In 2017 and 2019, the
Secretary shall publish an analysis of the data
collected under subparagraph (C) to assess the
extent to which shipped products are put into
use in demand response and thermal storage
programs.
``(ii) Prevention of product diversion.--If
the Secretary determines that sales of grid-
enabled water heaters exceed by 15 percent or
greater the quantity of such products activated
for use in demand response and thermal storage
programs annually, the Secretary shall, after
opportunity for notice and comment, establish
procedures to prevent product diversion for
non-program purposes.
``(E) Compliance.--
``(i) In general.--Subparagraphs (A)
through (D) shall remain in effect until the
Secretary determines under this section that--
``(I) grid-enabled water heaters do
not require a separate efficiency
requirement; or
``(II) sales of grid-enabled water
heaters exceed by 15 percent or greater
the quantity of such products activated
for use in demand response and thermal
storage programs annually and
procedures to prevent product diversion
for non-program purposes would not be
adequate to prevent such product
diversion.
``(ii) Effective date.--If the Secretary
exercises the authority described in clause (i)
or amends the efficiency requirement for grid-
enabled water heaters, that action will take
effect on the date described in subsection
(m)(4)(A)(ii).
``(iii) Consideration.--In carrying out
this section with respect to electric water
heaters, the Secretary shall consider the
impact on thermal storage and demand response
programs, including any impact on energy
savings, electric bills, peak load reduction,
electric reliability, integration of renewable
resources, and the environment.
``(iv) Requirements.--In carrying out this
paragraph, the Secretary shall require that
grid-enabled water heaters be equipped with
communication capability to enable the grid-
enabled water heaters to participate in
ancillary services programs if the Secretary
determines that the technology is available,
practical, and cost-effective.''; and
(2) in section 332(a) (42 U.S.C. 6302(a))--
(A) in paragraph (5), by striking ``or'' at the
end;
(B) in the first paragraph (6), by striking the
period at the end and inserting a semicolon;
(C) by redesignating the second paragraph (6) as
paragraph (7);
(D) in subparagraph (B) of paragraph (7) (as so
redesignated), by striking the period at the end and
inserting ``; or''; and
(E) by adding at the end the following:
``(8) for any person to--
``(A) activate an activation lock for a grid-
enabled water heater with knowledge that such water
heater is not used as part of an electric thermal
storage or demand response program;
``(B) distribute an activation key for a grid-
enabled water heater with knowledge that such
activation key will be used to activate a grid-enabled
water heater that is not used as part of an electric
thermal storage or demand response program;
``(C) otherwise enable a grid-enabled water heater
to operate at its designed specification and
capabilities with knowledge that such water heater is
not used as part of an electric thermal storage or
demand response program; or
``(D) knowingly remove or render illegible the
label of a grid-enabled water heater described in
section 325(e)(6)(A)(ii)(V).'';
(3) in section 333(a) (42 U.S.C. 6303(a))--
(A) in the second sentence, by striking ``section
332(a)(5)'' and inserting ``paragraph (5), (6), (7), or
(8) of section 332(a)''; and
(B) in the fourth sentence, by striking ``paragraph
(1), (2), or (5) of section 332(a)'' and inserting
``paragraph (1), (2), (5), (6), (7), or (8) of section
332(a)''; and
(4) in section 334 (42 U.S.C. 6304)--
(A) in the second sentence, by striking ``section
332(a)(5)'' and inserting ``paragraph (5), (6), (7), or
(8) of section 332(a)''; and
(B) in the third sentence, by striking ``section
332(a)(6)'' and inserting ``section 332(a)(7)''. | Amends the Energy Policy and Conservation Act (EPCA) to provide additional energy conservation standards applicable to grid-enabled water heaters for use as part of an electric thermal storage or demand response program (a program that enables customers to reduce or shift their power use during peak demand periods). Requires annual reports from: (1) manufacturers of such water heaters regarding the quantity of the products shipped each year, and (2) utilities and other demand response and thermal storage program operators regarding the quantity of products activated for their programs. Requires the Secretary of Energy to publish analyses of data collected from such reports and to establish procedures to prevent product diversion if sales of the products exceed by at least 15% the quantity activated for use in the demand response and thermal storage programs annually. Maintains the standards and publication procedures established by this Act until the Secretary determines that: (1) such water heaters do not require a separate efficiency requirement, or (2) procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion. Requires the Secretary to consider the impact of EPCA electric water heater standards on thermal storage and demand response programs, including on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment. Directs the Secretary to require the water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the technology is available, practical, and cost-effective. Makes it unlawful for any person to: activate an activation lock for a grid-enabled water heater with knowledge that it is not used as part of such program, distribute an activation key for such a water heater with knowledge that it will be used to activate a heater that is not used as part of the program, enable such water heater to operate at its designed specification and capabilities with knowledge that it is not used as part of the program, or knowingly remove or render illegible the label of a such water heater. | A bill to modify the efficiency standards for grid-enabled water heaters. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Motor Carrier Equity Act''.
SEC. 2. COMPENSATED INTERCORPORATE TRANSPORTATION.
Section 10524 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(d) Preemption With Respect to Compensated Intercorporate
Transportation.--No State or political subdivision thereof, and no
agency or organization of 2 or more States, shall enact or enforce any
law, rule, regulation, standard, or other provision having the force
and effect of law relating to interstate or intrastate rates, routes,
or services of any carrier that operates in interstate commerce
pursuant to Commission regulations promulgated with respect to
subsections (a) through (c) of this section.''.
SEC. 3. SINGLE SOURCE LEASING OF MOTOR VEHICLES AND DRIVERS TO
SHIPPERS.
Section 10524 of title 49, United States Code, is further amended
by adding at the end the following new subsection:
``(e) Preemption With Respect to Single Source Leasing.--No State
or political subdivision thereof, and no agency or organization of 2 or
more States, shall enact or enforce any law, rule, regulation,
standard, or other provision having the force and effect of law
relating to interstate or intrastate rates, routes, or services
involving transportation by a motor vehicle and driver leased from a
single source by a lessee that operates as a motor private carrier in
interstate commerce when--
``(1) the motor vehicle is exclusively committed to the
lessee's use for the term of the lease;
``(2) the lessee has exclusive dominion and control over
the transportation service conducted by it during the term of
the lease;
``(3) the lessee maintains public liability and property
damage insurance or otherwise accepts responsibility to the
public for any injury or damage caused in the course of
performing the transportation service during the term of the
lease;
``(4) the lessee accepts responsibility for, and bears the
cost of, compliance with all applicable safety regulations; and
``(5) the lessee bears the risk of damage to the cargo.''.
SEC. 4. TRIP LEASING OF MOTOR VEHICLES AND DRIVERS FROM MOTOR PRIVATE
CARRIERS.
Section 10524 of title 49, United States Code, is further amended
by adding at the end the following new subsection:
``(f) Preemption With Respect to Leasing From Motor Private
Carriers.--No State or political subdivision thereof, and no agency or
organization of 2 or mores States, shall enact or enforce any law,
rule, regulation, standard, or other provision having the force and
effect of law relating to the leasing of motor vehicles (with or
without drivers) from a motor private carrier that operates in
interstate commerce to the extent that such law, rule, regulation,
standard, or other provision is in addition to or more stringent than
the requirements for such lease transactions as established by the
Commission.''.
SEC. 5. MOTOR PRIVATE CARRIERS SEEKING OPERATING AUTHORITY.
Section 10524 of title 49, United States Code, is further amended
by adding at the end the following new subsection:
``(g) Preemption With Respect to Motor Private Carriers Seeking
Operating Authority.--No State or political subdivision thereof, and no
agency or organization of 2 or more States, shall enact or enforce any
law, rule, regulation, standard, or other provision having the force
and effect of law that subjects a motor private carrier that operates
in interstate commerce and that seeks to obtain a motor common carrier
certificate or a motor contract carrier permit to provide intrastate
transportation of property to requirements or criteria that are not
applied to a transportation business seeking the same type of authority
to operate as a motor common or motor contract carrier.''.
SEC. 6. DEDICATED CONTRACT CARRIAGE.
(a) In General.--Subchapter II of chapter 105 of title 49, United
States Code, is amended by inserting after section 10525 the following
new section:
``Sec. 10525a. Dedicated contract carriage
``(a) Dedicated Contract Carrier Defined.--For purposes of this
section, `dedicated contract carrier' means a motor contract carrier
that provides in interstate commerce a service for one or more
shippers, except an individual shipping household goods containing the
following elements:
``(1) Assigning motor vehicles for a continuing period of
time for the exclusive use of a contracting shipper.
``(2) Assigning personnel to perform driving, loading
unloading and related services for the exclusive use of a
contracting shipper.
``(3) Assigning management personnel, with offices at the
contracting shipper's facility, to provide operations and
safety management services for the exclusive use of the
contracting shipper.
``(b) Preemption.--No State or political subdivision thereof, and
no agency or organization of 2 or more States, shall enact or enforce
any law, rule, regulation, standard, or other provision having the
force and effect of law relating to the interstate or intrastate rates,
routes, or services of any dedicated contract carrier having authority
under this subchapter.
``(c) Limitation.--Nothing in subsection (b) of this section shall
prohibit a State or political subdivision thereof, or agency or
organization of 2 or more States, from enacting or enforcing
requirements on dedicated contract carriers related to the safety of
operations and minimum amounts of financial responsibility.''.
(b) Conforming Amendment.--The analysis for such chapter 105 is
amended by inserting after the item relating to section 10525 the
following new item:
``10525a. Dedicated contract carriage.''. | Private Motor Carrier Equity Act - Prohibits a State, political subdivision, or agency or organization of two or more States (entities) from enacting or enforcing any law, rule, regulation, or standard relating to interstate or intrastate rates, routes, or services: (1) of a corporate compensated carrier operating under the jurisdiction of the Interstate Commerce Commission (ICC); (2) involving transportation by a motor vehicle and driver leased by a lessee from a single source when the lessee is a motor private carrier in interstate commerce and certain conditions exist; and (3) of any transportation of property provided by motor vehicles leased, with or without drivers, from a motor private carrier, (operating in interstate commerce), to the extent that such law, rule, regulation, or standard is in addition to, or more stringent than, the requirements for such operations established by the ICC.
Prohibits such entities from enacting or enforcing any law, rule, regulation, or standard that subjects to certain requirements a private motor carrier (operating in interstate commerce) that seeks to obtain a motor common carrier certificate or a motor contract carrier permit to provide intrastate transportation of property, if such requirements are not applied to a transportation business seeking the same authority to operate as a motor common or motor contract carrier.
Prohibits such entities from enacting or enforcing requirements on dedicated contract carriers related to the safety of operations and minimum amounts of financial responsibility. | Private Motor Carrier Equity Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Library of Congress Administrative
Reform Act of 2015''.
SEC. 2. AUTHORIZING NATIONAL LIBRARY SERVICE FOR THE BLIND AND
PHYSICALLY HANDICAPPED TO PROVIDE PLAYBACK EQUIPMENT IN
ALL FORMATS.
The first sentence of the Act entitled ``An Act to provide books
for the adult blind'', approved March 3, 1931 (2 U.S.C. 135a), is
amended by striking ``and for purchase, maintenance, and replacement of
reproducers for such sound-reproduction recordings'' and inserting
``and for purchase, maintenance, and replacement of reproducers for any
such forms''.
SEC. 3. LIBRARY OF CONGRESS NATIONAL COLLECTION STEWARDSHIP FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States, as an account for the Librarian of Congress, the
``Library of Congress National Collection Stewardship Fund'' (hereafter
in this section referred to as the ``Fund'').
(b) Contents of Fund.--The Fund shall consist of the following
amounts:
(1) Such amounts as may be transferred by the Librarian
from amounts appropriated for any fiscal year for the Library
of Congress under the heading ``Salaries and Expenses''.
(2) Such amounts as may be transferred by the Architect of
the Capitol from amounts appropriated for any fiscal year for
the Architect of the Capitol under the heading ``Library of
Congress Buildings and Grounds''.
(3) Such amounts as may be appropriated to the Fund under
law.
(c) Use of Amounts.--Amounts in the Fund may be used by the
Librarian as follows:
(1) The Librarian may use amounts directly for the purpose
of preparing collection materials of the Library of Congress
for long-term storage.
(2) The Librarian may transfer amounts to the Architect of
the Capitol for the purpose of designing, constructing,
altering, upgrading, and equipping collections preservation and
storage facilities for the Library of Congress, or for the
purpose of acquiring real property by lease for the
preservation and storage of Library of Congress collections in
accordance with section 1102 of the Legislative Branch
Appropriations Act, 2009 (2 U.S.C. 1823a).
(d) Continuing Availability of Funds.--Any amounts in the Fund
shall remain available until expended.
(e) Annual Report.--Not later than 180 days after the end of each
fiscal year, the Librarian and the Architect of the Capitol shall
submit a joint report on the Fund to the Joint Committee on the Library
and the Committees on Appropriations of the House of Representatives
and the Senate.
(f) Initial 5-Year Plan.--Not later than 6 months after the date of
the enactment of this Act, the Librarian shall submit to the Joint
Committee on the Library and the Committees on Appropriations of the
House of Representatives and the Senate a report providing a plan for
expenditures from the Fund for the first 5 fiscal years of the Fund's
operation.
SEC. 4. EXPANDING USES OF CERTAIN REVOLVING FUNDS.
(a) National Audiovisual Conservation Center Fund.--Section 101 of
the Library of Congress Fiscal Operations Improvement Act of 2000 (2
U.S.C. 182a) is amended--
(1) in the heading, by striking ``duplication''; and
(2) in subsection (a)--
(A) by striking ``duplication and delivery services
provided by the Librarian'' and inserting ``the
following programs and activities of the Librarian'';
(B) by striking the period at the end and inserting
a colon; and
(C) by adding at the end the following new
paragraphs:
``(1) Services related to the duplication and preservation
of audiovisual materials and associated collections.
``(2) Storage, inspection, and delivery of audiovisual
materials and associated collections.''.
(b) Revolving Fund for Gift Shop and Related Services.--Section 102
of such Act (2 U.S.C. 182b) is amended--
(1) in the heading, by striking ``gift shop'' and all that
follows and inserting ``sales and other services''; and
(2) in subsection (a), by adding at the end the following
new paragraphs:
``(5) Traveling exhibitions and exhibition materials.
``(6) Training.''.
(c) Inclusion of Tribal Governments in FEDLINK Program.--Section
103(f)(1) of such Act (2 U.S.C. 182c(f)(1)) is amended by inserting
after ``Federal Government,'' the following: ``tribal governments (as
defined in section 502(c)(3)(B) of title 40, United States Code),''.
SEC. 5. AUTHORITY TO ACCEPT GIFTS AND BEQUESTS.
(a) Expanding Types of Gifts That May Be Accepted.--The first
undesignated paragraph of section 4 of the Act entitled ``An Act to
create a Library of Congress Trust Fund Board, and for other
purposes'', approved March 3, 1925 (2 U.S.C. 160), is amended--
(1) in the first sentence, by striking ``in the name of the
United States'' and all that follows and inserting the
following: ``in the name of the United States and in the
interest of the Library, its collections, or its service gifts
or bequests of personal property, nonpersonal services,
voluntary and uncompensated personal services, or money for
immediate disbursement.'';
(2) in the second sentence, by inserting ``of money'' after
``bequests''; and
(3) in the third sentence, by striking ``enter them'' and
inserting ``enter the gift, bequest, or proceeds''.
(b) Treatment of Gifts of Securities.--The first undesignated
paragraph of section 4 of such Act (2 U.S.C. 160) is amended by
inserting after the first sentence the following new sentence: ``In the
case of a gift of securities, the Librarian shall sell the gift and
provide the donor with a receipt from the proceeds of the sale.''.
SEC. 6. CONTINUATION OF SERVICE OF RETURNING MEMBERS OF JOINT COMMITTEE
ON THE LIBRARY AT BEGINNING OF CONGRESS.
(a) Continuation of Service.--
(1) In general.--During the period beginning on the first
day of a Congress and ending on the date described in paragraph
(2), any Member of Congress who served as a member of the Joint
Committee on the Library during the previous Congress shall
continue to serve as a member of the Joint Committee.
(2) Date described.--The date described in this paragraph
is, with respect to a Congress--
(A) in the case of a Member of Congress who is a
Member of the House of Representatives, the date on
which Members of the House are appointed to serve on
the Joint Committee for the Congress; and
(B) in the case of a Member of Congress who is a
Senator, the date on which Senators are appointed to
serve on the Joint Committee for the Congress.
(b) Conforming Amendment.--The final undesignated paragraph under
the heading ``Senate.'' in section 2 of the Act of March 3, 1883
(chapter 141; 22 Stat. 592) (2 U.S.C. 133), is hereby repealed.
(c) Effective Date.--This section and the amendment made by this
section shall apply with respect to the One Hundred Fifteenth Congress
and each succeeding Congress.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to fiscal year 2016 and each succeeding fiscal year. | Library of Congress Administrative Reform Act of 2015 This bill authorizes the Library of Congress (LOC) to purchase, maintain, or replace reproducers for books published either in raised characters, on sound-reproduction recordings, or in any other form (currently limited to reproducers of sound-reproduction recordings) for the use of the blind and for other physically disabled U.S. residents. The bill establishes the Library of Congress National Collection Stewardship Fund, whose amounts may be used directly for preparing collection materials for long-term storage. The use of the LOC revolving fund associated with the national audiovisual conservation center shall include preservation and storage of audiovisual materials and associated collections. Use of the LOC revolving fund currently devoted to the gift shop, decimal classification, photo duplication, and related services shall extend to traveling exhibitions and exhibition materials as well as to training services. The Federal Library and Information Network (FEDLINK) program shall provide specified services on behalf of tribal governments. The types of gifts the LOC may accept shall include bequests of personal property, nonpersonal services, voluntary and uncompensated personal services, or securities. The bill also provides for the continued service on the Joint Committee on the Library in a new Congress of Members of Congress who served on such Committee in a previous Congress. | Library of Congress Administrative Reform Act of 2015 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``LEO Fair
Retirement Act of 2014''.
(b) Findings.--Congress finds the following:
(1) Federal law enforcement officers are never ``off-
duty''. They are counted on to respond at any time of the day
or night, regardless of their official duty status, to protect
the public safety. Outside of our Nation's armed forces, theirs
is the only occupation comprised of individuals who are
routinely called upon to put their lives on the line to keep
America safe.
(2) Though the Federal Government may house the largest
variety of occupations of any U.S. employer across its panoply
of agencies and entities, Federal law enforcement is absolutely
unique among them, and the Federal law enforcement officer has
no counterpart in the private sector. It is one of the most
stressful, most dangerous, and most rewarding careers for those
who meet the rigorous requirements of the job.
(3) It was in recognition of the unique nature of the
occupation, and the demanding schedules required of those who
fill its ranks, that Congress established distinct pay and
benefit systems for Federal law enforcement positions. This
includes basic pay, retirement, and even overtime compensation,
in the form of either Law Enforcement Availability Pay
(``LEAP'') or Administratively Uncontrollable Overtime
(``AUO'').
(4) Under current law, LEAP by its very nature is provided
to law enforcement officers to ensure that they are
``available'', that they will be ``generally and reasonably
accessible by the agency'' in excess of the 40-hour workweek to
perform unscheduled duty based on the agency's needs.
(5) Similarly, AUO was established to provide overtime to
certain law enforcement officers in positions where ``the hours
of duty cannot be controlled administratively'' and that
require ``substantial amounts of irregular, unscheduled
overtime duty''.
(6) Because both LEAP and AUO compensation are subject to
the pay caps, they are payable to a Federal law enforcement
officer only to the extent that the payments do not cause the
aggregate of the employee's basic pay and premium pay to exceed
the established caps.
(7) In light of the continuing homeland and national
security threats facing our Nation, and after a three-year
Federal pay freeze, it is in the interest of the Federal
Government to ensure that it can continue to recruit and retain
the highest caliber personnel by guaranteeing Federal law
enforcement officers full credit in retirement for overtime
hours worked but never paid.
SEC. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED IN EXCESS OF LAW
ENFORCEMENT AVAILABILITY PAY AND ADMINISTRATIVELY
UNCONTROLLABLE OVERTIME LIMITATIONS.
(a) CSRS.--
(1) In general.--Section 8339 of title 5, United States
Code, is amended by adding at the end the following:
``(v)(1) Notwithstanding any other provision of this title,
including sections 5545a and 5547, any law enforcement availability pay
under section 5545a that would have been received by an individual
described under section 8331(3)(E) (i) or (ii) but for the limitation
provided in such section 5547 shall be included in the average pay of
such an individual for purposes of computing the annuity of such an
individual under this section.
``(2) Notwithstanding any other provision of this title, including
section 5545(c)(2), any administratively uncontrollable overtime pay
under such section that would have been received by an employee but for
the limitation provided in such section shall be included in the
average pay of such employee for purposes of computing the annuity of
such employee under this section.''.
(2) Clarification with respect to annuity limit.--The
limitation provided in section 8339(f) of title 5, United
States Code, shall apply to any annuity calculated pursuant to
subsection (v) of such section (as added by paragraph (1)).
(b) FERS.--Section 8415 of title 5, United States Code, is amended
by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this title,
including sections 5545a and 5547, any law enforcement availability pay
under section 5545a that would have been received by any individual
described under section 8331(3)(E) (i) or (ii) but for the limitation
provided in such section 5545a or 5547 shall be included in the average
pay of such an individual for purposes of computing the annuity of such
an individual under this section.
``(2) Notwithstanding any other provision of this title, including
section 5545(c)(2), any administratively uncontrollable overtime pay
under such section that would have been received by an employee but for
the limitation provided in such section shall be included in the
average pay of such employee for purposes of computing the annuity of
such employee under this section.''.
(c) Application.--The amendments made by this section shall apply
to any applicable annuity calculated on or after the date that is one
year after the date of enactment of this Act. | LEO Fair Retirement Act of 2014 - Provides that for purposes of computing the annuity of a federal law enforcement employee under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS), the law enforcement availability pay and administratively uncontrollable overtime pay earned by such employee in excess of limitations imposed on such pay shall be included in the average pay of such employee. | LEO Fair Retirement Act of 2014 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Samuel de Champlain 400th
Commemoration Commission Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) Samuel de Champlain (1567-1635) was a French explorer
and navigator who mapped much of northeastern North America and
established a settlement in Quebec;
(2) in 1609, Champlain entered the valley where he observed
the lake that today carries his name, Lake Champlain, which
borders the States of Vermont and New York and a portion of the
border between Canada and the United States;
(3) the 8,234 square mile Lake Champlain Basin is an
extraordinary cultural, historical, and recreational resource
that had a significant role in the history and culture of pre-
European America, colonial North America, and the formation and
early development of the United States;
(4) Lake Champlain has a recognized national significance,
not only for scenic beauty, but also for the impact of the lake
on the local, regional, and national economy;
(5) Lake Champlain is supported by a watershed of more than
8,200 square miles and supports a regional economy of more than
$9,000,000,000;
(6) the importance of Lake Champlain spreads throughout the
Northeast, because residents of New England and the Mid-
Atlantic States cherish the lake and the resources of the lake
for recreational, ecological, and scenic values; and
(7) the States of Vermont and New York have both
established Champlain 400th Commemoration Commissions.
(b) Purpose.--
(1) In general.--The purpose of this Act is to establish
the Samuel de Champlain 400th Commemoration Commission to
provide technical and financial assistance to the States of
Vermont and New York and communities in the States to
commemorate--
(A) the arrival of Samuel de Champlain into the
Champlain Valley; and
(B) the heritage of the greater Lake Champlain
Basin.
(2) Inclusions.--The assistance described in paragraph (1)
shall, at a minimum--
(A) ensure a suitable national observance, in 2009,
of the Samuel de Champlain anniversary by complementing
the programs and activities of the States of Vermont
and New York;
(B) cooperate with and assist the programs and
activities of the States in commemorating the Samuel de
Champlain 2009 anniversary;
(C) assist in ensuring that the commemoration
provides an excellent visitor experience and beneficial
interaction between visitors and the natural and
cultural resources of the Champlain Valley;
(D) assist in ensuring that the Samuel de Champlain
2009 observances are inclusive and appropriately
recognize the experiences and heritage of all peoples
present when Samuel de Champlain arrived in the
Champlain Valley;
(E) provide assistance to States, localities, and
nonprofit organizations in the development of programs,
activities, and facilities to recognize the cultural
and historical significance of Lake Champlain;
(F) facilitate international involvement in the
Samuel de Champlain 2009 commemoration;
(G) support and facilitate marketing efforts for a
commemorative coin, stamp, and related activities for
the Samuel de Champlain commemoration;
(H) support and facilitate the related efforts of
the Lake Champlain Basin Program and the Champlain
400th Commemoration Commissions established by the
States of Vermont and New York; and
(I) assist in the appropriate development of
heritage tourism and economic benefits to the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 400th anniversary of Samuel de Champlain
first arriving in the Champlain Valley in 1609.
(2) Commission.--The term ``Commission'' means the Samuel
de Champlain 400th Commemoration Commission established by
section 4(a).
(3) Governor.--The term ``Governor'' means the Governor of
each State.
(4) Lake champlain basin program.--The term ``Lake
Champlain Basin Program'' means the partnership with Federal
agencies established by the States of Vermont and New York to
implement the Lake Champlain management plan entitled
``Opportunities for Action''.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--
(A) In general.--The term ``State'' means--
(i) the State of Vermont; and
(ii) the State of New York.
(B) Inclusions.--The term ``State'' includes
agencies and entities of each State specified in
subparagraph (A).
SEC. 4. SAMUEL DE CHAMPLAIN 400TH COMMEMORATION COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Samuel de Champlain 400th Commemoration Commission''.
(b) Membership.--
(1) In general.--The Commission shall be composed of 13
members, of whom--
(A) 4 members shall be appointed by the Secretary
from the Champlain 400th Commemoration Commission
established by the State of Vermont, after
consideration of the recommendations of the Governor of
Vermont;
(B) 4 members shall be appointed by the Secretary,
from the Champlain 400th Commemoration Commission
established by the State of New York, after
consideration of the recommendations of the Governor of
New York;
(C) 2 members shall be employees of the National
Park Service, of whom--
(i) 1 member shall be the Director of the
National Park Service (or a designee); and
(ii) 1 member shall be an employee of the
National Park Service having experience
relevant to the commemoration, to be appointed
by the Secretary; and
(D) 3 members shall be individuals that have an
interest in, support for, and expertise appropriate to,
the commemoration, to be appointed by the Secretary.
(2) Term; vacancies.--
(A) Term.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--
(i) In general.--A vacancy on the
Commission shall be filled in the same manner
as the original appointment was made.
(ii) Partial term.--A member appointed to
fill a vacancy on the Commission shall serve
for the remainder of the term for which the
predecessor of the member was appointed.
(3) Meetings.--
(A) In general.--The Commission shall meet--
(i) at least twice each year; or
(ii) at the call of the Chairperson or the
majority of the members of the Commission.
(B) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold the initial
meeting of the Commission.
(4) Voting.--
(A) In general.--The Commission shall act only on
an affirmative vote of a majority of the members of the
Commission.
(B) Quorum.--A majority of the members of the
Commission shall constitute a quorum.
(5) Chairperson and vice chairperson.--
(A) In general.--The Commission shall annually
elect the Chairperson and the Vice Chairperson of the
Commission from among the members of the Commission.
(B) Authority.--The Vice Chairperson shall serve as
the Chairperson in the absence of the Chairperson.
(c) Duties.--
(1) In general.--The Commission shall--
(A) plan, develop, and execute programs and
activities appropriate for the commemoration;
(B) generally facilitate activities relating to the
commemoration throughout the United States;
(C) encourage civic, patriotic, historical,
educational, religious, economic, and other
organizations throughout the United States to organize
and participate in anniversary activities to expand the
understanding and appreciation of the significance of
Lake Champlain;
(D) consult with the Lake Champlain Basin Program
and other relevant organizations to plan and develop
programs and activities for the commemoration;
(E) provide technical assistance to States,
localities, and nonprofit organizations to carry out
activities relating to the commemoration;
(F) coordinate and facilitate public scholarly
research on the history of Samuel de Champlain and the
Lake Champlain basin; and
(G) ensure that the commemoration provides a
lasting legacy and long-term public benefit by
assisting in the development of appropriate programs,
projects, and facilities.
(2) Plans; reports.--
(A) Strategic plan; annual performance plans.--In
accordance with section 306 of title 5, United States
Code, and section 1115 of title 31, United States Code,
the Commission shall prepare a strategic plan and
annual performance plans for the activities of the
Commission carried out under this Act.
(B) Final report.--Not later than September 30,
2010, the Commission shall submit to the Secretary a
final report that contains--
(i) a summary of the activities of the
Commission;
(ii) a final accounting of funds received
and expended by the Commission; and
(iii) the findings and recommendations of
the Commission.
(d) Powers of the Commission.--The Commission may--
(1) accept and dispose of donations of money, personal
services, and personal property related to the settling of the
Champlain Basin and the significance of Lake Champlain in the
history of the United States;
(2) appoint such advisory committees as the Commission
determines to be necessary to carry out this Act;
(3) authorize any member or employee of the Commission to
take any action that the Commission is authorized to take by
this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases, or other legal agreements, to
carry out this Act (except that any contracts, leases, or other
legal agreements made or entered into by the Commission, either
directly or with administrative assistance from the Lake
Champlain Basin Program, shall not extend beyond the date of
termination of the Commission);
(5) use the United States mails in the same manner and
under the same conditions as other Federal agencies;
(6) subject to approval by the Commission, with assistance
from the Lake Champlain Basin Program, make grants in amounts
not to exceed $25,000 to communities and nonprofit
organizations to develop programs and facilities to assist in
the commemoration and recognition of Lake Champlain cultural
and historical resources and projects;
(7) make grants to research and scholarly organizations to
research, publish, or distribute information relating to the
early history of the Champlain Valley; and
(8) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
(e) Commission Personnel Matters.--
(1) Compensation of members of the commission.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Commission shall serve without
compensation.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(C) Travel expenses.--A member 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 Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel,
including personnel appointed from the Lake Champlain
Basin Program, as are necessary to enable the
Commission to perform the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(4) Detail of government employees.--
(A) Federal employees.--
(i) In general.--At the request of the
Commission, the head of any Federal agency may
detail, on a reimbursable or nonreimbursable
basis, any of the personnel of the agency to
the Commission to assist the Commission in
carrying out the duties of the Commission under
this Act.
(ii) Civil service status.--The detail of
an employee under clause (i) shall be without
interruption or loss of civil service status or
privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel
detailed from States (including subdivisions of
States); and
(ii) reimburse States for services of
detailed personnel.
(C) Lake champlain basin program employees.--The
Commission may--
(i) accept the services of personnel from
the Lake Champlain Basin Program; and
(ii) reimburse the Lake Champlain Basin
Program for the services of detailed personnel.
(5) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services as the
Commission determines necessary.
(6) Support services.--The Director of the National Park
Service shall provide to the Commission, on a reimbursable
basis, such administrative support services as the Commission
may request.
(f) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(g) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(h) No Effect on Authority.--Nothing in this section supersedes the
authority of the States or the National Park Service concerning the
commemoration.
(i) Termination.--The Commission shall terminate on December 31,
2010.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Samuel de Champlain 400th Commemoration Commission Act of 2004 - Establishes the Samuel de Champlain 400th Commemoration Commission to provide technical and financial assistance to the States of Vermont and New York and communities in those States to commemorate: (1) the arrival of Samuel de Champlain into the Champlain Valley in 1609; and (2) the heritage of the greater Lake Champlain Basin. | A bill to establish a Commission to commemorate the 400th anniversary of the arrival of Samuel de Champlain in the Champlain Valley, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building U.S. Infrastructure by
Leveraging Demands for Skills'' or the ``BUILDS Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote industry or sector
partnerships that engage in collaborative planning, resource alignment,
and training efforts across multiple businesses, for a range of workers
employed or potentially employed by infrastructure industries, in order
to encourage industry growth and competitiveness and to improve worker
training, retention, and advancement.
SEC. 3. DEFINITIONS.
In this Act:
(1) Career and technical education; career guidance and
academic counseling.--The terms ``career and technical
education'' and ``career guidance and academic counseling''
have the meanings given such terms in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(2) Career pathway.--The term ``career pathway'' has the
meaning given such term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(3) Eligible entity.--The term ``eligible entity'' means an
entity that is an industry or sector partnership, or (with
respect to an implementation grant) an entity that is in the
process of establishing an industry or sector partnership.
(4) Individual with a barrier to employment; industry or
sector partnership; local board.--The terms ``individual with a
barrier to employment'', ``industry or sector partnership'',
and ``local board'' have the meanings given such terms in
section 3 of the Workforce Innovation and Opportunity Act.
(5) Recognized postsecondary credential; registered
apprenticeship program.--The terms ``recognized postsecondary
credential'' and ``registered apprenticeship program'' have the
meanings given such terms in such section.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(7) State; state board.--The terms ``State'' and ``State
board'' have the meanings given such terms in 3 of the
Workforce Innovation and Opportunity Act.
(8) Targeted infrastructure industry.--The term ``targeted
infrastructure industry'' means an industry, including
transportation (including surface, transit, aviation, or
railway transportation), construction, energy, information
technology, or utilities industries, that the eligible entity
identifies in accordance with section 5(c) to be served by a
grant under this Act.
(9) Work-based learning program.--The term ``work-based
learning program'' means a program (which may be a registered
apprenticeship program) that provides workers with paid work
experience and corresponding approved classroom instruction,
delivered in an employment relationship that both the employer
and worker intend to be permanent.
SEC. 4. GRANTS AUTHORIZED.
(a) In General.--The Secretary, in consultation with the Secretary
of Transportation, the Secretary of Energy, the Secretary of Commerce,
the Secretary of Education, and the Chief of Engineers and Commanding
General of the Army Corps of Engineers, shall award, on a competitive
basis, grants to eligible entities to plan and implement activities to
achieve the strategic objectives described in section 5(d) with respect
to a targeted infrastructure industry.
(b) Grants.--
(1) Types of grants.--A grant awarded under this Act may be
in the form of--
(A) an implementation grant, for entities seeking
an initial grant under this Act; or
(B) a renewal grant for entities that have already
received an implementation grant under this Act.
(2) Duration.--Each grant awarded under this Act shall be
for a period not to exceed 3 years.
(3) Amount.--The amount of a grant awarded under this Act
may not exceed--
(A) for an implementation grant, $2,500,000; and
(B) for a renewal grant, $1,500,000.
(c) Award Basis.--
(1) Geographic diversity.--The Secretary shall award grants
under this Act in a manner that ensures geographic diversity in
the areas in which activities will be carried out under the
grants.
(2) Priority for renewal grants.--In awarding renewal
grants under this Act, the Secretary shall give priority to
eligible entities that--
(A) demonstrate long-term sustainability of an
industry or sector partnership; and
(B) provide a non-Federal share of the cost of the
activities.
SEC. 5. APPLICATION PROCESS.
(a) In General.--An eligible entity desiring a grant under this Act
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require,
including the contents described in subsection (b).
(b) Contents.--An application submitted under this Act shall
contain, at a minimum--
(1) a description of the eligible entity, evidence of the
eligible entity's capacity to carry out activities to achieve
the strategic objectives described in subsection (d), and the
expected participation and responsibilities of each of the
partners included in the industry or sector partnership
involved;
(2) a description of the targeted infrastructure industry
served by the grant, and a description of how such industry was
identified in accordance with subsection (c);
(3) a description of the workers that will be targeted or
recruited by the partnership, including an analysis of the
existing labor market, a description of potential barriers to
employment for targeted workers, and a description of
strategies that will be employed to help workers overcome such
barriers;
(4) a description of the local, State, or federally funded
infrastructure projects on which the eligible entity
anticipates engaging partners;
(5) a description of the strategic objectives described in
subsection (d) that the eligible entity intends to achieve
concerning the targeted infrastructure industry;
(6) a description of the credentials that the eligible
entity proposes to use or develop as a performance measure, to
assess the degree to which the eligible entity has achieved
such strategic objectives, which credentials--
(A) shall be nationally portable;
(B) shall be recognized postsecondary credentials
or, if not available for the industry, other
credentials determined by the Secretary to be
appropriate; and
(C) shall be related to the targeted infrastructure
industry that the eligible entity proposes to support;
(7) a description of the manner in which the eligible
entity intends to make sustainable progress towards achieving
such strategic objectives;
(8) performance measures for measuring progress towards
achieving such strategic objectives;
(9) a description of the Federal and non-Federal resources,
available under provisions of law other than this Act, that
will be leveraged in support of the partnerships and activities
under this Act; and
(10) a timeline for progress towards achieving such
strategic objectives.
(c) Targeted Infrastructure Industry.--Each grant under this Act
shall serve a targeted infrastructure industry that is identified by
the eligible entity through working with businesses, industry
associations and organizations, labor organizations, State boards,
local boards, economic development agencies, and other organizations
that the eligible entity determines necessary.
(d) Strategic Objectives.--The activities to be carried out under
each grant awarded under this Act shall be designed to achieve
strategic objectives that include the following:
(1) Recruiting key stakeholders in the targeted
infrastructure industry, such as multiple businesses, labor
organizations, local boards, and education and training
providers, including providers of career and technical
education, and regularly convening the stakeholders in a
collaborative structure that supports the sharing of
information, ideas, and challenges common to the targeted
infrastructure industry.
(2) Identifying the training needs of multiple businesses
in the targeted infrastructure industry, including--
(A) needs for skills critical to competitiveness
and innovation in the industry;
(B) needs of the registered apprenticeship programs
or other work-based learning programs supported by the
grant; and
(C) needs for the usage of career pathways.
(3) Facilitating actions that lead to economies of scale by
aggregating training and education needs of multiple
businesses.
(4) Helping postsecondary educational institutions,
training institutions, sponsors of registered apprenticeship
programs, and all other providers of career and technical
education and training programs receiving assistance under this
Act, align curricula, entrance requirements, and programs to
the targeted infrastructure industry needs and the credentials
described in subsection (b)(6), particularly for higher skill,
high-priority occupations related to the targeted
infrastructure industry.
(5) Providing information on the grant activities to the
State agency carrying out the State program under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), including staff of the
agency that provide services under such Act, to enable the
agency to inform recipients of unemployment compensation of the
employment and training opportunities that may be offered
through the grant activities.
(6) Helping partner businesses in industry or sector
partnerships to attract potential workers from a diverse
jobseeker base, including individuals with barriers to
employment, by identifying any such barriers through analysis
of the labor market and implementing strategies to help such
workers overcome such barriers.
SEC. 6. ACTIVITIES.
(a) In General.--An eligible entity receiving a grant under this
Act shall--
(1) designate an entity in the industry or sector
partnership as the fiscal agent for the grant funds; and
(2) carry out activities described in subsections (b) (as
applicable), (c), and (d) to achieve the strategic objectives
identified in the entity's application under section 5(b)(5),
in a manner that integrates services and funding sources to
ensure effectiveness of the activities and that uses the grant
funds efficiently.
(b) Planning Activities.--An eligible entity receiving an
implementation grant under this Act shall use not more than $250,000 of
the grant funds to carry out planning activities during the first year
of the grant period. Such activities may include--
(1) establishing the industry or sector partnership;
(2) convening key stakeholders as identified in the
application process;
(3) conducting outreach to local businesses and business
associations; or
(4) conducting an evaluation of workforce needs in the
local area.
(c) Business Engagement.--An eligible entity receiving a grant
under this Act shall use the grant funds to provide services to engage
businesses in efforts to achieve the strategic objectives identified in
the entity's application under section 5(b)(5). The services may
include assisting businesses--
(1) in navigating the registration process for a sponsor of
a registered apprenticeship program;
(2) by connecting the business with an education provider,
including a provider of career and technical education, to
develop classroom instruction to complement on-the-job
learning;
(3) in developing the curriculum design of a work-based
learning program;
(4) in employing workers participating in a work-based
learning program for a transitional period before a business
hires the worker for full-time employment not less than 30
hours a week;
(5) in providing training to managers and front-line
workers to serve as trainers or mentors to workers
participating in a work-based learning program;
(6) in providing career awareness activities, such as
career guidance and academic counseling; and
(7) in recruiting, for participation in a work-based
learning program, individuals eligible to receive additional
workforce or human services, including--
(A) individuals participating in programs under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.), and the amendments made by such Act,
including to the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.);
(B) recipients of assistance through the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.);
(C) recipients of assistance through the program of
block grants to States for temporary assistance for
needy families established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.); or
(D) any other individuals with a barrier to
employment.
(d) Support Services.--The eligible entity receiving a grant under
this Act shall use the grant funds to provide services to support the
success of individuals described in subsection (c)(7) who are
participating in a work-based learning program for a period of not less
than 12 months. Such services may include the following:
(1) Pre-employment services.--Services, provided in a pre-
employment stage of the program, to expand access to a work-
based learning program for individuals described in subsection
(c)(7). Such services may include--
(A) skills training;
(B) career and technical education;
(C) initial assessments;
(D) providing work attire and necessary tools for a
work site;
(E) wrap-around services, such as child care and
transportation; and
(F) job placement assistance.
(2) Early employment services.--Services provided to
individuals described in subsection (c)(7) who are
participating in a work-based learning program during their
first 6 months of employment through such program, to assure
the individuals succeed in the program. Such services may
include--
(A) ongoing case management and support services,
including the services provided in the pre-employment
stage described in paragraph (1);
(B) continued skills training, including career and
technical education, conducted in collaboration with
employers of such individuals;
(C) additional mentorship and retention supports
for such individuals;
(D) targeted training for frontline managers,
journey level workers working with such individuals
(such as mentors), and human resource representatives
within the business where such individuals are placed;
and
(E) subsidized wages and benefits for a period of
not more than 6 months, during which the eligible
entities shall serve as the employers of record of such
individuals.
(3) Employment services.--Services to ensure the
individuals described in paragraph (2) maintain employment in
the work-based learning program for at least 12 months. The
services shall include support necessary to complete the work-
based learning program, such as continuation of mentoring and
support services provided under paragraph (2).
(e) Evaluation and Progress Reports.--Not later than 1 year after
receiving a grant under this Act, and annually thereafter, the eligible
entity receiving the grant shall submit a report to the Secretary and
the Governor of the State that the eligible entity serves, that--
(1) describes the activities funded by the grant; and
(2) evaluates the progress the eligible entity has made
towards achieving the strategic objectives identified under
section 5(b)(5).
(f) Administrative Costs.--An eligible entity may use not more than
5 percent of the funds awarded through a grant under this Act for
administrative expenses in carrying out this section.
SEC. 7. ADMINISTRATION BY THE SECRETARY.
(a) In General.--The Secretary may use not more than 10 percent of
the amount appropriated under section 8 for each fiscal year for
administrative expenses to carry out this Act, including the expenses
of providing the technical assistance and oversight activities under
subsection (b).
(b) Technical Assistance; Oversight.--The Secretary shall provide
technical assistance and oversight to assist the eligible entities in
applying for and administering grants awarded under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Building U.S. Infrastructure by Leveraging Demands for Skills or the BUILDS Act This bill requires the Department of Labor to award implementation or renewal grants, for up to three years and on a competitive basis, to eligible industry or sector partnerships to achieve certain strategic objectives with respect to targeted infrastructure industries (e.g., transportation, construction, energy, information technology, or utilities industries). Such strategic objectives must include: recruiting key stakeholders in the targeted infrastructure industries; identifying the training needs of multiple businesses in such industries; facilitating actions that lead to economies of scale by aggregating multiple businesses' training and education needs; helping grant recipients who provide career and technical education and training in aligning curricula, entrance requirements, and programs to the targeted infrastructure's needs and required credentials; providing information on grant activities to state agencies to enable them to inform unemployment compensation recipients of employment and training opportunities; and helping partner businesses to attract potential workers from a diverse jobseeker base. | Building U.S. Infrastructure by Leveraging Demands for Skills |
SECTION 1. CANNED PINEAPPLE FRUIT ENTERED BETWEEN JULY 1, 1997 AND JUNE
30, 1998.
(a) Reliquidation of Entries.--
(1) In general.--Notwithstanding section 514 and 520 of the
Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other
provision of law, the Bureau of Customs and Border Protection
shall, not later than 90 days after the date of enactment of
this Act, liquidate or reliquidate each of the entries listed
in subsection (b) at the rate of 3.32 percent.
(2) Payment of amounts owed.--Any amount owed by the United
States pursuant to the liquidation or reliquidation of an entry
under paragraph (1) shall be paid not later than 90 days after
the date of such liquidation or reliquidation.
(b) Affected Entries.--The entries referred to in subsection (a)
are as follows:
Entry number Date of entry
916-0769506-0........................ 07/07/97
916-0769663-9........................ 07/14/97
916-0769664-7........................ 07/14/97
916-0766965-4........................ 07/14/97
916-0769666-2........................ 07/14/97
916-0769667-0........................ 07/14/97
916-0769668-8........................ 07/14/97
916-0769908-8........................ 07/22/97
916-0769910-4........................ 07/22/97
916-0769913-8........................ 07/22/97
916-0769915-3........................ 07/22/97
916-0769917-9........................ 07/22/97
916-0769919-5........................ 07/22/97
916-0769968-2........................ 07/30/97
916-0835043-4........................ 08/14/97
916-0835049-1........................ 08/02/97
916-0835140-8........................ 08/14/97
916-0835141-6........................ 08/14/97
916-0835158-0........................ 08/14/97
916-0835161-4........................ 08/04/97
916-0835236-4........................ 08/09/97
916-0835255-4........................ 08/09/97
916-0835256-2........................ 08/09/97
916-0835257-0........................ 08/09/97
916-0835258-8........................ 08/09/97
916-0835260-4........................ 08/12/97
916-0835261-2........................ 08/11/97
916-0835401-4........................ 08/20/97
916-0835402-2........................ 08/20/97
916-0835553-2........................ 09/02/97
916-0835554-0........................ 09/02/97
916-0835590-4........................ 09/04/97
916-0835591-2........................ 09/04/97
916-0835592-0........................ 09/05/97
916-0835598-7........................ 09/10/97
916-0835599-5........................ 09/10/97
916-0835601-9........................ 09/10/97
916-0836550-7........................ 11/25/97
916-0836553-1........................ 11/25/97
916-0836554-9........................ 11/25/97
916-0836556-4........................ 11/25/97
916-0836557-2........................ 11/25/97
916-0836558-0........................ 11/25/97
916-0836823-8........................ 12/02/97
916-0836826-1........................ 12/02/97
916-0836827-9........................ 12/09/97
916-0836828-7........................ 12/09/97
916-0836829-5........................ 12/09/97
916-0836830-3........................ 12/09/97
916-0836831-1........................ 12/09/97
916-0836832-9........................ 12/02/97
916-0837649-6........................ 01/06/98
916-0837650-4........................ 01/09/98
916-0837651-2........................ 01/06/98
916-0837652-0........................ 01/07/98
916-0837761-9........................ 01/13/98
916-0837762-7........................ 01/13/98
916-0837855-9........................ 01/15/98
916-0837963-1........................ 01/27/98
916-0838083-7........................ 02/11/98
916-0838099-3........................ 01/27/98
916-0838158-7........................ 02/24/98
916-0838160-3........................ 02/24/98
916-0838161-1........................ 02/20/98
916-0838266-8........................ 02/24/98
916-0838267-6........................ 02/20/98
916-0838551-3........................ 02/24/98
916-0838552-1........................ 03/04/98
916-0838644-6........................ 02/24/98
916-0838793-1........................ 02/26/98
916-0838794-9........................ 02/26/98
916-0838796-4........................ 03/04/98
916-0838797-2........................ 03/04/98
916-0838799-8........................ 03/10/98
916-0838893-9........................ 03/17/98
916-0839050-5........................ 03/31/98
916-0839224-6........................ 04/23/98
916-0839229-5........................ 04/07/98
916-0839365-7........................ 04/23/98
916-0839570-2........................ 04/27/98
916-0839571-0........................ 05/05/98
916-0839607-2........................ 05/05/98
916-0839628-8........................ 05/19/98
916-0839973-8........................ 06/09/98
916-0839974-6........................ 06/03/98
916-0839975-3........................ 06/03/98 | Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries relating to canned pineapple fruit. | A bill to provide for the liquidation or reliquidation of certain entries relating to canned pineapple fruit entered between July 1, 1997, and June 30, 1998. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prison Litigation Reform Act of
1995''.
SEC. 2. PROCEEDINGS IN FORMA PAUPERIS.
(a) Filing Fees.--Section 1915 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``(a) Any'' and inserting ``(a)(1)
Subject to subsection (b), any'';
(B) by striking ``fees and'';
(C) by striking ``makes affidavit'' and inserting
``submits an affidavit'';
(D) by striking ``such costs'' and inserting ``such
fees'';
(E) by striking ``he'' each place it appears and
inserting ``the person'';
(F) by adding immediately after paragraph (1), the
following new paragraph:
``(2) A prisoner of a Federal, State, or local institution seeking
to bring a civil action or appeal a judgment in a civil action or
proceeding, without prepayment of fees or security therefor, in
addition to filing the affidavit filed under paragraph (1), shall
submit a certified copy of the trust fund account statement (or
institutional equivalent) for the prisoner for the 6-month period
immediately preceding the filing of the complaint or notice of appeal,
obtained from the appropriate official of each institution at which the
prisoner is or was confined.''; and
(E) by striking ``An appeal'' and inserting ``(3)
An appeal'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new
subsection:
``(b)(1) Notwithstanding subsection (a), if a prisoner brings a
civil action or files an appeal in forma pauperis, the prisoner shall
be required to pay the full amount of a filing fee. The court shall
assess, and when funds exist, collect, as a partial payment of any
court fees required by law, an initial partial filing fee of 20 percent
of the greater of--
``(A) the average monthly deposits to the prisoner's
account; or
``(B) the average monthly balance in the prisoner's account
for the 6-month period immediately preceding the filing of the
complaint or notice of appeal.
``(2) After payment of the initial partial filing fee, the prisoner
shall be required to make monthly payments of 20 percent of the
preceding month's income credited to the prisoner's account. The agency
having custody of the prisoner shall forward payments from the
prisoner's account to the clerk of the court each time the amount in
the account exceeds $10 until the filing fees are paid.
``(3) In no event shall the filing fee collected exceed the amount
of fees permitted by statute for the commencement of a civil action or
an appeal of a civil action or criminal judgment.
``(4) In no event shall a prisoner be prohibited from bringing a
civil action or appealing a civil or criminal judgment for the reason
that the prisoner is unable to pay the initial partial filing fee.'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (a) of this section'' and inserting
``subsections (a) and (b) and the prepayment of any partial
filing fee as may be required under subsection (b)''; and
(5) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e) The court may request an attorney to represent any person
unable to employ counsel, and shall dismiss the case at any time if the
allegation of poverty is untrue, or if the court determines that the
action or appeal is frivolous or malicious, or fails to state a claim
on which relief may be granted.''.
(b) Costs.--Section 1915(e) of title 28, United States Code (as
redesignated by subsection (a)(2)), is amended)--
(1) by striking ``(f) Judgment'' and inserting ``(f)(1)
Judgment'';
(2) by striking ``such cases'' and inserting ``proceedings
under this section'';
(3) by striking ``cases'' and inserting ``proceedings'';
and
(4) by adding at the end the following new paragraph:
``(2)(A) If the judgment against a prisoner includes the payment of
costs under this subsection, the prisoner shall be required to pay the
full amount of the costs ordered.
``(B) The prisoner shall be required to make payments for costs
under this subsection in the same manner as is provided for filing fees
under subsection (a)(2).
``(C) In no event shall the costs collected exceed the amount of
the costs ordered by the court.''.
SEC. 3. JUDICIAL SCREENING.
(a) In General.--Chapter 123 of title 28, United States Code, is
amended by inserting after section 1915 the following new section:
``Sec. 1915A. Screening
``(a) Screening.--The court shall review, before docketing if
feasible or, in any event, as soon as practicable after docketing, a
complaint in a civil action in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental entity.
``(b) Grounds for Dismissal.--On review, the court shall dismiss
the complaint, or any portion of the complaint, if the complaint--
``(1) fails to state a claim upon which relief may be
granted; or
``(2) seeks monetary relief from a defendant that is immune
from such relief.
``(c) Definition.--As used in this section, the term `prisoner'
means a person that is serving a sentence following conviction of a
crime or is being held in custody pending trial or sentencing.''.
(b) Technical Amendment.--The analysis for chapter 123 of title 28,
United States Code, is amended by inserting after the item relating to
section 1915 the following new item:
``1915A. Screening.''.
SEC. 4. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) No person convicted of a felony who is incarcerated while
awaiting sentencing or while serving a sentence may bring a civil
action against the United States or an agency, officer, or employee of
the Government, for mental or emotional injury suffered while in
custody without a prior showing of physical injury.''.
SEC. 5. CIVIL RIGHTS CLAIMS.
The Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997
et seq.) is amended by inserting after section 7 the following new
section:
``SEC. 7A. LIMITATION ON RECOVERY.
``No civil action may be brought against the United States by an
adult convicted of a crime confined in a jail, prison, or other
correctional facility, for mental or emotional injury suffered while in
custody without a prior showing of physical injury.''.
SEC. 6. EARNED RELEASE CREDIT OR GOOD TIME CREDIT REVOCATION.
(a) In General.--Chapter 123 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1932. Revocation of earned release credit
``In a civil action brought by an adult convicted of a crime and
confined in a Federal correctional facility, the court may order the
revocation of earned good time credit (or the institutional equivalent)
if--
``(1) the court finds that--
``(A) the claim was filed for a malicious purpose;
``(B) the claim was filed solely to harass the
party against which it was filed; or
``(C) the claimant testifies falsely or otherwise
knowingly presents false evidence or information to the
court; or
``(2) if the Attorney General determines that subparagraph
(A), (B), or (C) of paragraph (1) has been met and recommends
revocation of earned good time credit to the court.''.
(b) Clerical Amendment.--The analysis for chapter 123 of title 28,
United States Code, is amended by inserting after the item relating to
section 1931 the following:
``1931. Revocation of earned release credit.''.
SEC. 7. EXHAUSTION REQUIREMENT.
Section 7(a)(1) of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e(a)(1)) is amended--
(1) by striking ``in any action brought'' and inserting
``no action shall be brought'';
(2) by striking ``the court shall'' and all that follows
through ``require exhaustion of'' and insert ``until''; and
(3) by inserting ``and exhausted'' after ``available''. | Prison Litigation Reform Act of 1995 - Amends the Federal judicial code to require a prisoner of a Federal, State, or local institution seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security to submit a certified copy of the prisoner's trust fund account statement for the six-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each institution at which the prisoner is or was confined.
Requires a prisoner who brings a civil action or files an appeal in forma pauperis to pay the full amount of a filing fee. Directs the court to assess, and when funds exist to collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of the average monthly deposits to the prisoner's account or the average monthly balance in the prisoner's account for such six-month period.
Requires the prisoner, after paying the initial partial filing fee, to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account. Directs the agency having custody of the prisoner to forward payments from such account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid.
Sets forth similar provisions regarding the payment of costs by the prisoner.
Revises provisions regarding the appointment of counsel in forma pauperis proceedings to require the court to dismiss the case at any time if the allegation of poverty is untrue or if the court determines that the action or appeal is frivolous or malicious or fails to state a claim on which relief may be granted.
Sets forth provisions regarding: (1) judicial screening of complaints in civil actions brought by prisoners against governmental entities; and (2) limits on Federal tort and civil rights claims by prisoners.
Authorizes the court to revoke earned release credit under specified circumstances.
Amends the Civil Rights of Institutionalized Persons Act to require exhaustion of administrative remedies before permitting a civil action for deprivation of rights. | Prison Litigation Reform Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Cooperative Antitrust
Protection Act of 1993''.
SEC. 2. PURPOSE.
It is the purpose of this Act to substantively encourage the
formation of efficiency producing, pro-competitive joint ventures among
providers of health care services by minimizing unnecessary antitrust
risk and clarifying regulatory ambiguity in order to reduce excess
capacity and duplication of services.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Advisory Committee'' means the Interagency
Advisory Committee on Competition, Antitrust Policy, and Health
Care established under section 6.
(2) The term ``antitrust laws'' has the meaning given it in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes--
(A) section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent such section applies to
unfair methods of competition; and
(B) any State law similar to the laws referred to
in subparagraph (A).
(3) The term ``health care joint venture'' means an
agreement between 2 or more providers of health care services
that is entered into solely for the purpose of sharing in the
provision of health care services and that involves substantial
integration or financial risk-sharing between the parties, but
does not include the exchanging of information, the entering
into of any agreement, or the engagement in any other conduct
that is not reasonably required to carry out such agreement.
(4) The term ``health care services'' includes services
related to the delivery or administration of health care
services.
(5) The term ``provider of health care services'' means any
individual or entity that is engaged in the delivery of health
care services in a State and that is required by State law or
regulation to be licensed or certified by the State to engage
in the delivery of such services in the State.
(6) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 4. ESTABLISHMENT OF EXEMPTION PROGRAM FOR HEALTH CARE JOINT
VENTURES.
(a) Establishment.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Health and Human
Services, in concurrence with the Attorney General, shall
promulgate specific guidelines under which a health care joint
venture may submit an application requesting that the Secretary
provide the entities participating in the joint venture with
either of the following exemptions:
(A) With respect to any action brought against the
entity under the antitrust laws, an exemption under
which (notwithstanding any other provision of law)--
(i) monetary recovery on a claim shall be
limited to actual damages if the claim results
from conduct within the scope of the joint
venture and the action is filed after the
exemption becomes effective; and
(ii) the conduct of the entity in making or
performing a contract to carry out the joint
venture shall not be deemed illegal per se but
shall be judged on the basis of its
reasonableness, taking into account all
relevant factors affecting competition,
including (but not limited to) effects on
competition in properly defined, relevant
research, development, product, process, and
service markets (taking into consideration
worldwide capacity to the extent that it may be
appropriate in the circumstances).
(B) An exemption under which (notwithstanding any
other provision of law) the antitrust laws shall not
apply to conduct within the scope of the joint venture
for a 5-year period.
(2) Deadline for response.--The Secretary, with the
concurrence of the Attorney General, shall approve or
disapprove the application of a health care joint venture for
an exemption under this subsection--
(A) in the case of an exemption described in
paragraph (1)(A), not later than 30 days after the
Secretary and the Attorney General receive the joint
venture's application; and
(B) in the case of an exemption described in
paragraph (1)(B), not later than 90 days after the
Secretary and the Attorney General receive the joint
venture's application.
(3) Providing reasons for disapproval.--If the Secretary
disapproves the application of a health care joint venture for
an exemption under this subsection, the Secretary shall provide
the joint venture with a statement explaining the reasons for
the Secretary's disapproval.
(b) Requirements for Approval.--For purposes of subsection (a), the
Secretary and the Attorney General shall approve the application of a
health care joint venture for an exemption under subsection (a) if--
(1) in the case of a joint venture seeking an exemption
described in subsection (a)(1)(B), the Secretary (in
concurrence with the Attorney General) finds that the joint
venture meets the criteria described in subsection (c); and
(2) an entity participating in the joint venture submits to
the Secretary, the Attorney General, and the Advisory Committee
an application not later than 30 days after the entity has
entered into a written agreement to participate in the joint
venture (or not later than 30 days after the date of the
enactment of this Act in the case of an agreement in effect as
of such date) that contains the following information and
assurances:
(A) The identities of the parties to the joint
venture.
(B) The nature, objectives, and planned activities
of the joint venture.
(C) Assurances that the entities participating in
the joint venture shall notify the Secretary and the
Attorney General of any changes in the information
described in subparagraphs (A) and (B) during the
period for which the exemption is in effect.
(D) In the case of a joint venture seeking an
exemption described in subsection (a)(1)(B)--
(i) assurances that the entities
participating in the joint venture shall submit
annual reports to the Secretary and the
Attorney General during the period for which
the exemption is in effect on the activities of
the joint venture; and
(ii) any other information and assurances
required by the Secretary and the Attorney
General to ensure that the joint venture meets
the criteria described in subsection (c).
(c) Criteria Described.--A health care joint venture meets the
criteria referred to in this subsection if the Secretary (with the
concurrence of the Attorney General) finds that the approval of the
joint venture will promote each of the following goals:
(1) The enhancement of the quality of health care services
provided to individuals residing in the geographic area served
by the entities participating in the joint venture.
(2) The preservation of meaningful competition among
providers of health care services in such area.
(3) The reduction of the costs of providing health care
services in such area, or an increase in the efficiency of the
provision of such services.
(4) The improvement of the utilization of health care
services in such area.
(5) The elimination of costly and unnecessary duplication
in the delivery of health care services in such area.
(d) Revocation of Exemption.--
(1) In general.--The Secretary, in concurrence with the
Attorney General, may revoke an exemption provided to a health
care joint venture under this section if, at any time during
which the exemption is in effect, the Secretary finds that the
joint venture no longer meets any of the applicable
requirements for approval under subsection (b), except that the
Secretary may not revoke such an exemption if the failure of
the health care joint venture to meet such requirements is
merely technical in nature.
(2) Timing.--The revocation of an exemption under paragraph
(1) shall apply only to conduct of the health care joint
venture occurring after the date on which the Secretary revokes
the exemption.
(e) Renewal of Exemptions Providing Exemption From Antitrust
Laws.--Upon the request of an entity participating in a health care
joint venture for which an exemption described in subsection (a)(1)(B)
is in effect, the Secretary, in concurrence with the Attorney General
may renew the exemption for an additional 5-year period if the joint
venture continues to meet the applicable requirements for approval
under subsection (b).
(f) Withdrawal of Application.--Any party that submits an
application under this section may withdraw such application at any
time before the Secretary's and the Attorney General's response to the
application.
SEC. 5. REQUIREMENTS RELATING TO NOTICE AND PUBLICATION OF EXEMPTIONS
AND RELATED INFORMATION.
(a) Publication of Approved Applications for Exemptions in Federal
Register.--
(1) In general.--With respect to each exemption for a
health care joint venture provided under section 4(a), the
Secretary (with the concurrence of the Attorney General)
shall--
(A) prepare a notice with respect to the joint
venture that identifies the parties to the venture and
that describes the planned activities of the venture;
(B) submit the notice to the entities participating
in the joint venture; and
(C) after submitting the notice to such entities
(but not later than 30 days after approving the
application for the exemption for the joint venture),
publish the notice in the Federal Register.
(2) Effect of Publication.--An exemption provided by the
Secretary and the Attorney General under section 4(a) shall
take effect as of the date of the publication in the Federal
Register of the notice with respect to the exemption pursuant
to paragraph (1).
(b) Waiver of Disclosure Requirements for Information Relating to
Applications for Exemptions.--
(1) In general.--All information and documentary material
submitted as part of an application of a health care joint
venture for an exemption under section 4(a), together with any
other information obtained by the Attorney General, the
Secretary, or the Advisory Committee in the course of any
investigation, administrative proceeding, or case with respect
to a potential violation of the antitrust laws by the joint
venture with respect to which the exemption applies, shall be
exempt from disclosure under section 552 of title 5, United
States Code, and shall not be made publicly available by any
agency of the United States to which such section applies,
except as relevant to a law enforcement investigation or in a
judicial or administrative proceeding in which such information
and material is subject to any protective order.
(2) Exception for information included in federal register
notice.--Paragraph (1) shall not apply with respect to
information contained in a notice published in the Federal
Register pursuant to subsection (a).
(c) Use of Information to Support or Answer Claims Under Antitrust
Laws.--
(1) In general.--Except as provided in paragraph (2), the
fact of disclosure of conduct under an application for an
exemption under section 4(a) and the fact of publication of a
notice in the Federal Register under subsection (a) shall be
admissible into evidence in any judicial or administrative
proceeding for the sole purpose of establishing that a person
is entitled to the protections provided by an exemption granted
under section 4(a).
(2) Effect of rejected application.--If the Secretary and
the Attorney General deny, in whole or in part, an application
for an exemption under section 4(a), or revoke an exemption
under such section, neither the negative determination nor the
statement of reasons therefore shall be admissible into
evidence in any administrative or judicial proceeding for the
purpose of supporting or answering any claim under the
antitrust laws.
SEC. 6. INTERAGENCY ADVISORY COMMITTEE ON COMPETITION, ANTITRUST
POLICY, AND HEALTH CARE.
(a) Establishment.--There is hereby established the Interagency
Advisory Committee on Competition, Antitrust Policy, and Health Care.
The Advisory Committee shall be composed of--
(1) the Secretary of Health and Human Services (or the
designee of the Secretary);
(2) the Attorney General (or the designee of the Attorney
General);
(3) the Director of the Office of Management and Budget (or
the designee of the Director); and
(4) a representative of the Federal Trade Commission.
(b) Duties.--The duties of the Advisory Committee are--
(1) to discuss and evaluate competition and antitrust
policy, and their implications with respect to the performance
of health care markets;
(2) to analyze the effectiveness of health care joint
ventures receiving exemptions under the program established
under section 4(a) in reducing the costs of and expanding
access to the health care services that are the subject of such
ventures; and
(3) to make such recommendations to Congress not later than
2 years after the date of the enactment of this Act (and at
such subsequent periods as the Advisory Committee considers
appropriate) regarding modifications to the program established
under section 4(a) as the Advisory Committee considers
appropriate, including modifications relating to the costs to
health care providers of obtaining an exemption for a joint
venture under such program. | Health Care Cooperative Antitrust Protection Act of 1993 - Directs the Secretary of Health and Human Services to promulgate guidelines under which a health care joint venture may submit an application requesting that the Secretary provide the entities participating in the venture with an exemption under which: (1) monetary recovery on an antitrust claim brought against the entity shall be limited to actual damages if specified conditions are met and the conduct of the entity in making or performing a contract to carry out the venture shall not be deemed illegal per se; or (2) the antitrust laws shall not apply to conduct within the scope of the venture for a five-year period.
Requires the Secretary to approve or disapprove the application within a specified time frame and, with respect to a disapproval, to provide a statement explaining the reasons for such disapproval.
Directs the Secretary and the Attorney General to approve the application if: (1) in the case of a venture seeking the five-year exemption, the Secretary finds that such venture meets specified criteria, such as promoting enhancement of the quality of health care services to individuals residing in the geographic area served by the participating entities, preserving meaningful competition among health care providers, reducing costs or increasing efficiency, improving utilization of services, and eliminating costly and unnecessary duplication in the delivery of health care services in such area; and (2) an entity participating in the venture submits to the Secretary, the Attorney General, and the Interagency Advisory Committee on Competition, Antitrust Policy, and Health Care (created by this Act) an application that contains the identities of the parties to the venture; the nature, objectives, and planned activities of the venture; and specified assurances and information.
Sets forth provisions regarding: (1) revocation and renewal of exemptions, and withdrawal of an application; and (2) requirements relating to notice and publication of exemptions.
Establishes the Advisory Committee to: (1) discuss and evaluate competition and antitrust policy and their implications regarding the performance of health care markets; (2) analyze the effectiveness of health care joint ventures receiving exemptions in reducing costs and expanding access; and (3) make recommendations to the Congress. | Health Care Cooperative Antitrust Protection Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect America Act of 2015''.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE,
DELIVERY, OR TRANSFER OF FIREARMS TO KNOWN OR SUSPECTED
TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING
ATTEMPTED FIREARMS PURCHASES BY KNOWN OR SUSPECTED
TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR
SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE FIREARMS.
(a) Short Title.--This section may be cited as the ``Preventing
Terrorists From Obtaining Firearms Act of 2015''.
(b) Amendment.--Section 922(t) of title 18, United States Code, is
amended by adding at the end the following:
``(7)(A) If the Attorney General is notified of a request to
transfer a firearm to a person who is a known or suspected terrorist,
the Attorney General shall--
``(i) as appropriate, take further steps to confirm the
identity of the prospective transferee and confirm or rule out
the suspected nexus to terrorism of the prospective transferee;
``(ii) as appropriate, notify relevant Federal, State, or
local law enforcement agencies or intelligence agencies
concerning the identity of the prospective transferee; and
``(iii) determine whether the prospective transferee is
already the subject of an ongoing terrorism investigation and,
as appropriate, initiate such an investigation.
``(B) Upon being notified of a prospective transfer under
subparagraph (A), the Attorney General or the United States attorney
for the district in which the licensee is located may--
``(i) delay the transfer of the firearm for a period not to
exceed 72 hours; and
``(ii) file an emergency petition in a court of competent
jurisdiction to prohibit the transfer of the firearm.
``(C)(i) An emergency petition filed under subparagraph (B) shall
be granted upon a showing of probable cause to believe that the
prospective transferee has committed or is furthering a plan to commit
an act of terrorism.
``(ii) An emergency petition filed under subparagraph (B) to
prohibit the transfer of a firearm may be granted only after a
hearing--
``(I) of which the prospective transferee receives actual
notice; and
``(II) at which the prospective transferee has an
opportunity to participate with counsel.
``(D) For purposes of this paragraph--
``(i) the term `known or suspected terrorist' means a
person determined by the Attorney General to be known (or
appropriately suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support or resources for
terrorism;
``(ii) the term `material support or resources' has the
meaning given the term in section 2339A; and
``(iii) the term `terrorism' includes international
terrorism and domestic terrorism, as defined in section
2331.''.
SEC. 3. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE,
DELIVERY, OR TRANSFER OF EXPLOSIVES TO KNOWN OR SUSPECTED
TERRORISTS; REQUIRING INFORMATION-SHARING REGARDING
ATTEMPTED EXPLOSIVES PURCHASES BY KNOWN OR SUSPECTED
TERRORISTS; AUTHORIZING THE INVESTIGATION OF KNOWN OR
SUSPECTED TERRORISTS WHO ATTEMPT TO PURCHASE EXPLOSIVES.
(a) Short Title.--This section may be cited as the ``Preventing
Terrorists From Obtaining Explosives Act of 2015''.
(b) Amendment.--Section 843 of title 18, United States Code, is
amended by adding at the end the following:
``(j)(1) If the Attorney General receives an application for a user
permit, limited permit, or license to import, manufacture, or deal in
explosive materials from a person who is a known or suspected
terrorist, or receives information under subsection (h) about a
responsible person or employee who is a known or suspected terrorist,
the Attorney General shall--
``(A) as appropriate, take further steps to confirm the
identity of the applicant, responsible person, or employee and
confirm or rule out the suspected nexus to terrorism of the
applicant, responsible person, or employee;
``(B) as appropriate, notify relevant Federal, State, or
local law enforcement agencies or intelligence agencies
concerning the identity of the applicant, responsible person,
or employee; and
``(C) determine whether the applicant, responsible person,
or employee is the subject of an ongoing terrorism
investigation and, as appropriate, initiate such an
investigation.
``(2) Upon receipt of an application or information described in
paragraph (1), the Attorney General or the United States attorney for
the district in which the applicant, responsible person, or employee is
located may--
``(A) for a period not to exceed 90 days, delay the
approval of the application or the determination to issue a
letter of clearance under subsection (h), as the case may be;
and
``(B) file an emergency petition in a court of competent
jurisdiction to prohibit the approval of the application or the
issuance of a letter of clearance under subsection (h), as the
case may be.
``(3)(A) An emergency petition filed under paragraph (2) shall be
granted upon a showing of probable cause to believe that the applicant,
responsible person, or employee has committed or is furthering a plan
to commit an act of terrorism.
``(B) An emergency petition filed under paragraph (2) may be
granted only after a hearing--
``(i) of which the applicant, responsible person, or
employee receives actual notice; and
``(ii) at which the applicant, responsible person, or
employee has an opportunity to participate with counsel.
``(4) For purposes of this subsection--
``(A) the term `known or suspected terrorist' means a
person determined by the Attorney General to be known (or
appropriately suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support or resources for
terrorism;
``(B) the term `material support or resources' has the
meaning given the term in section 2339A; and
``(C) the term `terrorism' includes international terrorism
and domestic terrorism, as defined in section 2331.''.
SEC. 4. SUNSET.
The amendments made by sections 2 and 3 shall cease to have effect
after the 3-year period that begins with the date of the enactment of
this Act.
SEC. 5. REPORTS TO CONGRESS.
Not earlier than 18 months after the date of the enactment of this
Act and not later than 3 years after such date of enactment, the
Attorney General shall submit to the Congress a written report on the
petitions filed and court orders granted under sections 2 and 3,
including--
(1) the number of petitions so filed;
(2) the number of orders so granted;
(3) the number of petitions that were denied;
(4) the disposition of any arrest made after such an order
was granted, including any charges brought and the outcome of
those charges;
(5) with respect to each of the matters described in
paragraphs (1) through (4), whether the subject of the petition
or order was a United States citizen or foreign national and
whether the allegations involved domestic terrorism or
international terrorism;
(6) for any such order issued against a foreign national,
whether a deportation proceeding was initiated against the
individual and, if so, the outcome of the deportation
proceeding; and
(7) whether multiple petitions were filed against any
individual.
SEC. 6. CORRECTION OF THE TERRORIST WATCH LIST AND ``NO-FLY LIST''.
Within 90 days after the date of the enactment of this Act, the
Attorney General shall--
(1) review the terrorist watch list and the no-fly list
referred to in section 44903(j) of title 49, United States
Code, and any other list used by the Transportation Security
Administration for purposes of identifying individuals who are
prohibited from boarding aircraft because they pose a threat of
terrorism, and remove from any such list the name of any person
erroneously placed on the list or otherwise is not a known or
suspected terrorist; and
(2) submit to the Congress a written report that describes
the steps taken to comply with paragraph (1). | Protect America Act of 2015 Preventing Terrorists From Obtaining Firearms Act of 2015 This bill amends the federal criminal code to require the Department of Justice (DOJ), after receiving notice of a request to transfer a firearm to a known or suspected terrorist, to: (1) confirm the identity of the prospective transferee and confirm or rule out a connection to terrorism, (2) notify relevant law enforcement or intelligence agencies, and (3) determine whether the prospective transferee is the subject of an ongoing terrorism investigation. It authorizes DOJ or a U.S. Attorney's Office to delay for up to 72 hours and file an emergency petition to prohibit the firearm transfer. Preventing Terrorists From Obtaining Explosives Act of 2015 If DOJ receives an application for an explosives permit or license from a known or suspected terrorist, it must: (1) confirm the identity of the applicant and confirm or rule out a connection to terrorism, (2) notify relevant law enforcement or intelligence agencies, and (3) determine whether the applicant is the subject of an ongoing terrorism investigation. It authorizes DOJ or a U.S. Attorney's Office to delay for up to 90 days and file an emergency petition to prohibit the approval of the application. The bill requires DOJ to review the terrorist watch and no-fly lists and remove the name of any person whose name was erroneously placed on such lists. | Protect America Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help All Americans Save for College
Act of 2016''.
SEC. 2. TAX TREATMENT OF CONTRIBUTIONS TO 529 PLANS.
(a) Exclusion From Gross Income for Employer Contributions.--
(1) In general.--Part III of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by inserting after
section 139E the following new section:
``SEC. 139F. EMPLOYER CONTRIBUTIONS TO 529 PLAN OR ABLE ACCOUNT.
``(a) In General.--In the case of an individual who is a qualified
account owner, gross income shall not include the amount of any
contribution to such account during the taxable year by the employer of
the account owner.
``(b) Limitation.--The amount exempt from gross income by
subsection (a) for a taxable year shall not exceed the lesser of--
``(1) an amount equal to the compensation includible in the
individual's gross income for such taxable year, or
``(2) $5,000 ($10,000 in the case of a joint return) for
each dependent who of the taxpayer is the designated
beneficiary of an account under section 529.
``(c) Qualified Account Owner.--For purposes of this section, the
term `qualified account owner' means--
``(1) in the case of an account in connection with a
qualified tuition program, the account owner of an account of a
designated beneficiary under section 529, and
``(2) in the case of an ABLE account, the designated
beneficiary in connection with the ABLE account under section
529A(e)(3).''.
(2) Cafeteria plan does not include employer contributions
to 529 plans or able accounts.--Section 125(d)(2) of such Code
is amended by adding at the end the following:
``(E) Exception for contributions to 529 plan and
able accounts.--Subparagraph (A) shall not apply to a
plan to the extent of amounts which a covered employee
may elect to have the employer pay as contributions to
an account under section 529 or 529A.''.
(3) Clerical amendment.--The table of sections for part III
of subchapter B of chapter 1 of such Code is amended by
inserting after the item relating to section 139E the following
new item:
``Sec. 139F. Employer contributions to 529 plan or ABLE account.''.
(b) Federal Insurance Contributions.--
(1) Wages.--Section 3121(a) of such Code is amended by
striking ``or'' at the end of paragraph (22), by striking the
period at the end of paragraph (23) and inserting ``; or'', and
by inserting after paragraph (23) the following:
``(24) the amount of any contribution made to or on behalf
of an employee if at the time of such contribution it is
reasonable to believe that the employee will be able to exclude
such contribution from income under section 139F.''.
(2) Net earnings from self-employment.--Section 1402(a) of
such Code is amended by striking ``and'' at the end of
paragraph (16), by striking the period at the end of paragraph
(17) and inserting ``; and'', and inserting after paragraph
(17) the following:
``(18) there shall be excluded any contribution made to or
on behalf of an employee that is not includible in gross income
of the employee under section 139F.''.
(3) Conforming amendments to social security act.--
(A) Wages.--Section 209(a) of the Social Security
Act (42 U.S.C. 409(a)) is amended by striking ``or'' at
the end of paragraph (19) and inserting a semicolon, by
striking the period at the end of paragraph (20) and
inserting ``; or'', and by inserting after paragraph
(20) the following:
``(21) The amount of any contribution made to or on behalf
of an employee that is not includible in gross income of the
employee under section 139F of the Internal Revenue Code of
1986.''.
(B) Net earnings from self-employment.--Section
211(a) of the Social Security Act (42 U.S.C. 411(a)) is
amended by striking ``and'' at the end of paragraph
(15), by striking the period at the end of paragraph
(16) and inserting ``; and'', and inserting after
paragraph (16) the following:
``(17) There shall be excluded any contribution made to or
on behalf of an employee that is not includible in gross income
of the employee under section 139F of the Internal Revenue Code
of 1986.''.
(c) Railroad Retirement.--Section 3231(e) of such Code is amended
by adding at the end the following:
``(13) Employer contributions to 529 plan or able
account.--The term compensation shall not include any
contribution made to or on behalf of an employee that is not
includible in gross income of the employee under section
139F.''.
(d) Deduction for Individual Contributions.--
(1) In general.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by redesignating
section 224 as section 225 and by inserting after section 223
the following new section:
``SEC. 224. CONTRIBUTIONS TO 529 PLANS AND ABLE ACCOUNTS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
the sum of--
``(1) the aggregate contributions made by such individual
to qualified tuition programs (as defined in section 529)
during such taxable year, and
``(2) the aggregate contributions made by such individual
to ABLE accounts (as defined in section 529A) during such
taxable year.
``(b) Limitation.--The amount allowed as a deduction by subsection
(a) for a taxable year shall not exceed $5,000.''.
(2) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
redesignating the item relating to section 224 as an item
relating to section 225 and by inserting after the item
relating to section 223 the following new item:
``Sec. 224. Contributions to 529 plans and ABLE accounts.''.
(e) Effective Date.--The amendments made by this section shall
apply to contributions made during taxable years beginning after the
date of the enactment of this Act.
SEC. 3. ADDITIONAL TAX FOR DISTRIBUTIONS NOT USED FOR QUALIFIED
PURPOSES.
(a) Qualified Tuition Programs.--
(1) In general.--The first sentence of section 529(c)(6) of
the Internal Revenue Code of 1986 is amended by striking the
period at the end and inserting ``, except that the rate of
such tax shall be determined under subparagraph (B) of this
paragraph.''.
(2) Rate.--Paragraph (6) of section 529(c) of such Code, as
amended by subsection (a), is amended--
(A) by striking ``The tax'' and inserting
``(A) In general.--The tax'', and
(B) by adding at the end the following:
``(B) Rate.--For purposes of subparagraph (A), the
tax rate determined under this subparagraph is the
greater of--
``(i) 10 percent, and
``(ii) the highest rate of income tax
applicable to such person under this title.''.
(b) Qualified ABLE Programs.--
(1) In general.--Subparagraph (A) of section 529A(c)(3) of
the Internal Revenue Code of 1986 is amended by striking ``10
percent'' and inserting ``the applicable percentage''.
(2) Applicable percentage.--Paragraph (3) of section
529A(c) of such Code is amended by adding at the end the
following:
``(D) Applicable percentage.--For purposes of this
paragraph, the term `applicable percentage' means the
greater of--
``(i) 10 percent, and
``(ii) the highest rate of income tax
applicable to such person under this title.''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made during taxable years beginning after the
date of the enactment of this Act. | Help All Americans Save for College Act of 2016 This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans) and ABLE accounts. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.) The bill excludes employer contributions to an employee's 529 plan or ABLE account from the gross income of an individual, certain employment taxes, and taxes on self-employment earnings. The exclusions are limited to the lesser of: (1) the compensation includible in the individual's gross income for the year, or (2) $5,000 ($10,000 in the case of a joint return) for each dependent of the taxpayer who is the designated beneficiary of a 529 plan. The bill also allows an individual to deduct up to $5,000 of the aggregate contributions of the individual to a 529 plan and an ABLE account. The bill revises the 10% additional tax for distributions from a 529 plan or an ABLE account that are not used for qualified purposes to change the rate to the greater of: (1) 10%, or (2) the highest rate of income tax applicable to the taxpayer. | Help All Americans Save for College Act of 2016 |
SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS FOR THE HIPC TRUST FUND.
(a) Authorization To Meet Financing Gap in the Enhanced HIPC
Initiative.--In order to meet the President's commitment to fund the
United States share of the additional financing needs of the current
HIPC program, there are authorized to be appropriated to the President
$75,000,000 for fiscal year 2004, for payment to the Heavily Indebted
Poor Countries Trust Fund administered by the International Bank for
Reconstruction and Development.
(b) Additional Authorization for Funding Conditioned Upon
Improvement of the Enhanced HIPC Initiative.--In addition to the
amounts authorized to be appropriated under subsection (a), on a
determination by the Secretary of the Treasury that the agreement
described in section 1625 of the International Financial Institutions
Act has been reached, there are authorized to be appropriated to the
President such sums as may be necessary for payment to the Heavily
Indebted Poor Countries Trust Fund administered by the International
Bank for Reconstruction and Development to meet the additional
financing needs of the Enhanced HIPC Initiative that result from the
implementation of the agreement.
SEC. 2. IMPROVEMENT OF THE ENHANCED HIPC INITIATIVE.
Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-5) is amended by adding at the end the following new
section:
``SEC. 1625. IMPROVEMENT OF THE ENHANCED HIPC INITIATIVE.
``(a) In General.--In order to ensure that the Enhanced HIPC
Initiative achieves the objective of substantially increasing resources
available for human development and poverty reduction in heavily
indebted poor countries, the Secretary of the Treasury shall
immediately commence efforts within the Paris Club of Official
Creditors, as well as the International Bank for Reconstruction and
Development (World Bank), the International Monetary Fund, and other
appropriate multilateral development institutions, to reach an
agreement to modify the Enhanced HIPC Initiative so that the Initiative
is carried out in accordance with the provisions set forth in
subsection (b).
``(b) Modifications.--The provisions set forth in this subsection
are the following:
``(1) Level of exports and revenues.--
``(A) In general.--The amount of debt stock
reduction approved for a country eligible for debt
relief under the Enhanced HIPC Initiative shall be
sufficient to reduce, for at least each year through
2006, or each of the first 3 years after the Decision
Point, whichever is later--
``(i) the net present value of the
outstanding public and publicly guaranteed debt
of the country to not more than 150 percent of
the annual value of exports of the country for
the year preceding the Decision Point; and
``(ii) the annual payments due on such
public and publicly guaranteed debt to not more
than--
``(I) 10 percent or, in the case of
a country suffering a public health
crisis, not more than 5 percent, of the
amount of the annual current revenues
received by the country from internal
sources; or
``(II) a percentage of gross
national product or other benchmark
which will yield a result substantially
equivalent to that which would be
achieved through application of
subclause (I).
``(B) Limitation.--In financing the objectives of
the Enhanced HIPC Initiative, an international
financial institution shall give priority to using its
own resources.
``(2) Relation to poverty and the environment.--The debt
cancellation under the Enhanced HIPC Initiative shall not be
conditioned on any agreement by an impoverished country to
implement or comply with policies that deepen poverty or
degrade the environment, including any policy that--
``(A) implements or extends user fees on primary
education or primary health care, including prevention
and treatment efforts for HIV/AIDS, tuberculosis,
malaria, and infant, child, and maternal well-being;
``(B) provides for increased cost recovery from
poor people to finance basic public services such as
education, health care, or sanitation;
``(C) would have the effect of increasing the cost
to consumers with incomes of less than $2.00 per day
for access to clean drinking water through--
``(i) decreased public subsidy for water
supply, treatment, disposal, distribution, or
management; or
``(ii) reduced intrasectoral or
intersectoral subsidization of residential
water consumers with incomes of less than $2.00
per day; or
``(D) undermines workers' ability to exercise
effectively their internationally recognized worker
rights, as defined under section 526(e) of the Foreign
Operations, Export Financing and Related Programs
Appropriations Act, 1995 (22 U.S.C. 262p-4p).
``(3) Foreign government policies.--A country shall not be
eligible for cancellation of debt under the Enhanced HIPC
Initiative if the government of the country--
``(A) supports acts of international terrorism, as
determined by the Secretary of State under section
6(j)(1) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)) or section 620A(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371(a));
``(B) engages in gross violations of
internationally recognized human rights, such as
torture (as defined in section 2340 of title 18, United
States Code) or violations of the Convention Against
Torture and Other Cruel, Inhumane, or Degrading
Treatment or Punishment; or
``(C) has been designated, in the most recent
Department of State `Trafficking in Persons Report', as
a `Tier 3' nation pursuant to the Victims of
Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) for its failure to cooperate on
international trafficking in persons prevention
efforts.
``(4) Programs to combat poverty.--A country that is
otherwise eligible to receive cancellation of debt under the
Enhanced HIPC Initiative may receive such cancellation only if
the country has agreed--
``(A) to ensure that the financial benefits of debt
cancellation are applied to programs to combat poverty
(in particular through concrete measures to improve
basic services in education, nutrition, and health),
and to redress environmental degradation;
``(B) to ensure that the financial benefits of debt
cancellation are in addition to the government's total
spending on programs to combat poverty for the previous
year or the average total of such expenditures for the
previous 3 years, whichever is greater;
``(C) to implement transparent and participatory
policymaking and budget procedures, good governance,
and effective anticorruption measures; and
``(D) to broaden public participation and popular
understanding of the principles and goals of poverty
reduction.
``(c) Definitions.--In this section:
``(1) AIDS.--The term ``AIDS'' means the acquired immune
deficiency syndrome.
``(2) Public health crisis.--A country is deemed to be
suffering `a public health crisis' if--
``(A) the nationwide HIV/AIDS infection rate for
the country, as reported in the most recent
epidemiological data as compiled by the Joint United
Nations Program on HIV/AIDS, is at least 5 percent
among women attending prenatal clinics, or 20 percent
or more among individuals in groups with high-risk
behavior; or
``(B) the country is suffering a health crisis or
epidemic, as defined by the World Health Organization.
``(3) Decision point.--The term `Decision Point' means the
date on which the executive boards of the World Bank and the
International Monetary Fund review the debt sustainability
analysis for a country and determine that the country is
eligible for debt relief under the Enhanced HIPC Initiative.
``(4) Enhanced hipc initiative.--The term `Enhanced HIPC
Initiative' means the multilateral debt initiative for heavily
indebted poor countries presented in the Report of G-7 Finance
Ministers on the Cologne Debt Initiative to the Cologne
Economic Summit, Cologne, June 18-20, 1999.
``(5) HIV.--The term `HIV' means the human immunodeficiency
virus, the pathogen that causes AIDS.
``(6) HIV/AIDS.--The term `HIV/AIDS' means, with respect to
an individual, an individual who is infected with HIV or living
with AIDS.''.
SEC. 3. MODIFICATION OF DETERMINATION OF COUNTRIES SUPPORTING TERRORISM
UNDER CERTAIN INTERNATIONAL AFFAIRS LAWS.
(a) Foreign Assistance Act of 1961.--
(1) General prohibition on assistance.--Section 620A(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)) is
amended by inserting after ``international terrorism'' the
following: ``or has failed to cooperate with the United States
on efforts to combat international terrorism''.
(2) Enterprise for the americas initiative.--Section
703(a)(2) of such Act (22 U.S.C. 2430b(a)(2)) is amended by
inserting after ``international terrorism'' the following:
``and has cooperated with the United States on efforts to
combat international terrorism''.
(b) Arms Export Control Act.--
(1) General prohibition on transactions.--Section 40(d) of
the Arms Export Control Act (22 U.S.C. 2780(d)) is amended in
the first sentence by inserting after ``international
terrorism'' the following: ``or has failed to cooperate with
the United States on efforts to combat international
terrorism''.
(2) Transfer of missile equipment or technology by united
states person.--Section 72(c) of such Act (22 U.S.C. 2797a(c))
is amended by inserting after ``international terrorism'' the
following: ``or has failed to cooperate with the United States
on efforts to combat international terrorism''.
(3) Transfer of missile equipment or technology by foreign
person.--Section 73(f) of such Act (22 U.S.C. 2797b(f)) is
amended by inserting after ``international terrorism'' the
following: ``or has failed to cooperate with the United States
on efforts to combat international terrorism''.
(4) Transfer of chemical or biological weapons by foreign
person.--Section 81(a)(2)(B) of such Act (22 U.S.C.
2798(a)(2)(B)) is amended by inserting after ``international
terrorism'' the following: ``or has failed to cooperate with
the United States on efforts to combat international
terrorism''.
(c) Export Administration Act of 1979.--
(1) General requirements.--Section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. app. 2405(j)(1)(A)) is
amended--
(A) in subsection (j)(1)(A), by inserting after
``international terrorism'' the following: ``or has
failed to cooperate with the United States on efforts
to combat international terrorism''; and
(B) in subsection (l)(3)(B), by inserting after
``international terrorism'' the following: ``or to have
failed to cooperate with the United States on efforts
to combat international terrorism''.
(2) Transfer of chemical or biological weapons by foreign
person.--Section 11C(a)(2)(B) of such Act (50 U.S.C. app.
2410c(a)(2)(B)) is amended by inserting after ``international
terrorism'' the following: ``or has failed to cooperate with
the United States on efforts to combat international
terrorism''.
SEC. 4. REPORTS ON IMPLEMENTATION OF IMPROVEMENTS TO THE ENHANCED HIPC
INITIATIVE.
(a) Initial Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury shall submit to
the appropriate congressional committees a report describing the
progress made in concluding the agreement described in section 1625(b)
of the International Financial Institutions Act (as added by section 1
of this Act).
(b) Subsequent Report.--Not later than 1 year after the date of
submission of the initial report under subsection (a), the Secretary of
the Treasury shall submit to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives a report describing the actions taken by countries to
satisfy the conditions set forth in the agreement referred to in
subsection (a).
SEC. 5. REPORT ON EXPANSION OF DEBT RELIEF TO NON-HIPC COUNTRIES.
(a) In General.--Within 90 days after the date of the enactment of
this Act, the Secretary of the Treasury shall submit to the Congress a
report on--
(1) the options and costs associated with expanding debt
relief to include poor countries who were not eligible for
inclusion in the Enhanced HIPC Initiative;
(2) options for burden-sharing among donor countries and
multilateral institutions of costs associate with expanding
debt relief; and
(3) options, in addition to the Enhanced HIPC Initiative,
to ensure debt sustainability in poor countries, particularly
in cases when the poor country has suffered an external
economic shock or a natural disaster.
(b) Specific Options To Be Considered.--Among the options for
expansion of debt relief, consideration should be given to making
eligible for the relief poor countries for which outstanding public and
publicly guaranteed debt requires annual payments in excess of 10
percent or, in the case of countries suffering a public health crisis,
5 percent of the amount of the annual current revenues received by the
countries from internal sources.
(c) Enhanced HIPC Initiative Defined.--In this section, the term
``Enhanced HIPC Initiative'' means the multilateral debt initiative for
heavily indebted poor countries presented in the Report of G-7 Finance
Ministers on the Cologne Debt Initiative to the Cologne Economic
Summit, Cologne, June 18-20, 1999. | Authorizes appropriations for FY 2004 for the U.S. payment to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered by the International Bank for Reconstruction and Development (World Bank). Authorizes additional appropriations for payment to such Fund to meet the additional financing needs of the Enhanced HIPC Initiative, provided the Secretary of the Treasury determines that an agreement by certain multilateral financial institutions regarding modification of the Initiative has been reached.
Amends the International Financial Institutions Act to direct the Secretary to commence immediately efforts within the Paris Club of Official Creditors, as well as the World Bank, the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish certain modifications in the Initiative, including requiring that: (1) the amount of debt stock reduction for a country eligible for debt relief under the Initiative be sufficient to reduce, for a specified period, the net value of outstanding public guaranteed debt of the country and its annual payments due on such debt to not more than specified formulated percentages; and (2) the debt cancellation under such Initiative not be conditioned on any agreement by an impoverished country to implement or comply with policies that deepen poverty or degrade the environment, or that implement user fees on primary education or primary health care, increase the cost to consumers with incomes of less than $2.00 per day for access to clean drinking water, or that undermine internationally recognized worker rights.
Makes ineligible for debt relief any country that: (1) supports international terrorism; (2) engages in gross violations of internationally recognized human rights; or (3) has been designated as a "Tier 3" nation pursuant to the Victims of Trafficking and Violence Protection Act of 2000 for its failure to cooperate on international trafficking in persons prevention efforts. Conditions debt cancellation upon the country's agreeing to ensure that the financial benefits of such debt relief are applied to programs to combat poverty and to redress environmental degradation.
Amends certain Federal laws to prohibit the provision of foreign assistance or the transfer of certain weapons and technology to countries (or persons) that fail to cooperate with the United States on efforts to combat international terrorism.
Directs the Secretary to report to Congress on options to expand debt relief to non-HIPC countries. | To improve the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organ Donation and Recovery
Improvement Act''.
SEC. 2. SENSE OF CONGRESS.
(a) Public Awareness of Need for Organ Donation.--It is the sense
of Congress that the Federal Government should carry out programs to
educate the public with respect to organ donation, including the need
to provide for an adequate rate of such donations.
(b) Family Discussions of Organ Donations.--Congress recognizes the
importance of families pledging to each other to share their lives as
organ and tissue donors and acknowledges the importance of discussing
organ and tissue donation as a family.
(c) Living Donations of Organs.--Congress--
(1) recognizes the generous contribution made by each
living individual who has donated an organ to save a life; and
(2) acknowledges the advances in medical technology that
have enabled organ transplantation with organs donated by
living individuals to become a viable treatment option for an
increasing number of patients.
SEC. 3. REIMBURSEMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED
TOWARD LIVING ORGAN DONATION.
Section 377 of the Public Health Service Act (42 U.S.C. 274f) is
amended to read as follows:
``SEC. 377. REIMBURSEMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED
TOWARD LIVING ORGAN DONATION.
``(a) In General.--The Secretary may award grants to States,
transplant centers, qualified organ procurement organizations under
section 371, or other public or private entities for the purpose of--
``(1) providing for the reimbursement of travel and
subsistence expenses incurred by individuals toward making
living donations of their organs (in this section referred to
as `donating individuals'); and
``(2) providing for the reimbursement of such incidental
nonmedical expenses that are so incurred as the Secretary
determines by regulation to be appropriate.
``(b) Preference.--The Secretary shall, in carrying out subsection
(a), give preference to those individuals that the Secretary determines
are more likely to be otherwise unable to meet such expenses.
``(c) Certain Circumstances.--The Secretary may, in carrying out
subsection (a), consider--
``(1) the term `donating individuals' as including
individuals who in good faith incur qualifying expenses toward
the intended donation of an organ but with respect to whom, for
such reasons as the Secretary determines to be appropriate, no
donation of the organ occurs; and
``(2) the term `qualifying expenses' as including the
expenses of having relatives or other individuals, not to
exceed 2, who accompany or assist the donating individual for
purposes of subsection (a) (subject to making payment for only
those types of expenses that are paid for a donating
individual).
``(d) Relationship to Payments Under Other Programs.--An award may
be made under subsection (a) only if the applicant involved agrees that
the award will not be expended to pay the qualifying expenses of a
donating individual to the extent that payment has been made, or can
reasonably be expected to be made, with respect to such expenses--
``(1) under any State compensation program, under an
insurance policy, or under any Federal or State health benefits
program;
``(2) by an entity that provides health services on a
prepaid basis; or
``(3) by the recipient of the organ.
``(e) Definitions.--For purposes of this section:
``(1) The term `donating individuals' has the meaning
indicated for such term in subsection (a)(1), subject to
subsection (c)(1).
``(2) The term `qualifying expenses' means the expenses
authorized for purposes of subsection (a), subject to
subsection (c)(2).
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 2004 through 2008.''.
SEC. 4. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 377 the following:
``SEC. 377A. PUBLIC AWARENESS; STUDIES AND DEMONSTRATIONS.
``(a) Organ Donation Public Awareness Program.--The Secretary
shall, directly or through grants or contracts, establish a public
education program in cooperation with existing national public
awareness campaigns to increase awareness about organ donation and the
need to provide for an adequate rate of such donations.
``(b) Studies and Demonstrations.--The Secretary may make peer
reviewed grants or contracts to public and nonprofit private entities
for the purpose of carrying out studies and demonstration projects to
increase organ donation and recovery rates, including living donation.
``(c) Grants to States.--The Secretary may make grants to States
for the purpose of assisting States in carrying out organ donor
awareness, public education and outreach activities, and programs
designed to increase the number of organ donors within the State,
including living donors. To be eligible, each State shall--
``(1) submit an application to the Department in the form
prescribed;
``(2) establish yearly benchmarks for improvement in organ
donation rates in the State; and
``(3) report to the Secretary on an annual basis a
description and assessment of the State's use of these grant
funds, accompanied by an assessment of initiatives for
potential replication in other States.
Funds may be used by the State or in partnership with other public
agencies or private sector institutions for education and awareness
efforts, information dissemination, activities pertaining to the State
donor registry, and other innovative donation specific initiatives,
including living donation.
``(d) Educational Activities.--The Secretary, in coordination with
the Organ Procurement and Transplantation Network and other appropriate
organizations, shall support the development and dissemination of
educational materials to inform health care professionals and other
appropriate professionals in issues surrounding organ, tissue, and eye
donation including evidence-based proven methods to approach patients
and their families, cultural sensitivities, and other relevant issues.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $15,000,000
for fiscal year 2004, and such sums as may be necessary for each of the
fiscal years 2005 through 2008. Such authorization of appropriations is
in addition to any other authorizations of appropriations that are
available for such purpose.
``SEC. 377B. GRANTS REGARDING HOSPITAL ORGAN DONATION COORDINATORS.
``(a) Authority.--
``(1) In general.--The Secretary may award grants to
qualified organ procurement organizations and hospitals under
section 371 to establish programs coordinating organ donation
activities of eligible hospitals and qualified organ
procurement organizations under section 371. Such activities
shall be coordinated to increase the rate of organ donations
for such hospitals.
``(2) Eligible hospital.--For purposes of this section, an
eligible hospital is a hospital that performs significant
trauma care, or a hospital or consortium of hospitals that
serves a population base of not fewer than 200,000 individuals.
``(b) Administration of Coordination Program.--A condition for the
receipt of a grant under subsection (a) is that the applicant involved
agree that the program under such subsection will be carried out
jointly--
``(1) by representatives from the eligible hospital and the
qualified organ procurement organization with respect to which
the grant is made; and
``(2) by such other entities as the representatives
referred to in paragraph (1) may designate.
``(c) Requirements.--Each entity receiving a grant under subsection
(a) shall--
``(1) establish joint organ procurement organization and
hospital designated leadership responsibility and
accountability for the project;
``(2) develop mutually agreed upon overall project
performance goals and outcome measures, including interim
outcome targets; and
``(3) collaboratively design and implement an appropriate
data collection process to provide ongoing feedback to hospital
and organ procurement organization leadership on project
progress and results.
``(d) Rule of Construction.--Nothing in this section shall be
construed to interfere with regulations in force on the date of
enactment of the Organ Donation and Recovery Improvement Act.
``(e) Evaluations.--Within 3 years after the award of grants under
this section, the Secretary shall ensure an evaluation of programs
carried out pursuant to subsection (a) in order to determine the extent
to which the programs have increased the rate of organ donation for the
eligible hospitals involved.
``(f) Matching Requirement.--The Secretary may not award a grant to
a qualifying organ donation entity under this section unless such
entity agrees that, with respect to costs to be incurred by the entity
in carrying out activities for which the grant was awarded, the entity
shall contribute (directly or through donations from public or private
entities) non-Federal contributions in cash or in kind, in an amount
equal to not less than 30 percent of the amount of the grant awarded to
such entity.
``(g) Funding.--For the purpose of carrying out this section, there
are authorized to be appropriated $3,000,000 for fiscal year 2004, and
such sums as may be necessary for each of fiscal years 2005 through
2008.''.
SEC. 5. STUDIES RELATING TO ORGAN DONATION AND THE RECOVERY,
PRESERVATION, AND TRANSPORTATION OF ORGANS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 377B, as added by
section 4, the following:
``SEC. 377C. STUDIES RELATING TO ORGAN DONATION AND THE RECOVERY,
PRESERVATION, AND TRANSPORTATION OF ORGANS.
``(a) Development of Supportive Information.--The Secretary, acting
through the Director of the Agency for Healthcare Research and Quality
shall develop scientific evidence in support of efforts to increase
organ donation and improve the recovery, preservation, and
transportation of organs.
``(b) Activities.--In carrying out subsection (a), the Secretary
shall--
``(1) conduct or support evaluation research to determine
whether interventions, technologies, or other activities
improve the effectiveness, efficiency, or quality of existing
organ donation practice;
``(2) undertake or support periodic reviews of the
scientific literature to assist efforts of professional
societies to ensure that the clinical practice guidelines that
they develop reflect the latest scientific findings;
``(3) ensure that scientific evidence of the research and
other activities undertaken under this section is readily
accessible by the organ procurement workforce; and
``(4) work in coordination with the appropriate
professional societies as well as the Organ Procurement and
Transplantation Network and other organ procurement and
transplantation organizations to develop evidence and promote
the adoption of such proven practices.
``(c) Research and Dissemination.--The Secretary, acting through
the Director of the Agency for Healthcare Research and Quality, as
appropriate, shall provide support for research and dissemination of
findings, to--
``(1) develop a uniform clinical vocabulary for organ
recovery;
``(2) apply information technology and telecommunications
to support the clinical operations of organ procurement
organizations;
``(3) enhance the skill levels of the organ procurement
workforce in undertaking quality improvement activities; and
``(4) assess specific organ recovery, preservation, and
transportation technologies.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $2,000,000
for fiscal year 2004, and such sums as may be necessary for each of
fiscal years 2005 through 2008.''.
SEC. 6. REPORT RELATING TO ORGAN DONATION AND THE RECOVERY,
PRESERVATION, AND TRANSPORTATION OF ORGANS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting after section 377C, as added by
section 5, the following:
``SEC. 377D. REPORT RELATING TO ORGAN DONATION AND THE RECOVERY,
PRESERVATION, AND TRANSPORTATION OF ORGANS.
``(a) In General.--Not later than December 31, 2005, and every 2
years thereafter, the Secretary shall report to the appropriate
committees of Congress on the activities of the Department carried out
pursuant to this part, including an evaluation describing the extent to
which the activities have affected the rate of organ donation and
recovery.
``(b) Requirements.--To the extent practicable, each report
submitted under subsection (a) shall--
``(1) evaluate the effectiveness of activities, identify
effective activities, and disseminate such findings with
respect to organ donation and recovery;
``(2) assess organ donation and recovery activities that
are recently completed, ongoing, or planned; and
``(3) evaluate progress on the implementation of the plan
required under subsection (c)(4).
``(c) Initial Report Requirements.--The initial report under
subsection (a) shall include the following:
``(1) An evaluation of the organ donation practices of
organ procurement organizations, States, other countries, and
other appropriate organizations including an examination across
all populations, including those with low organ donation rates,
of--
``(A) existing barriers to organ donation; and
``(B) the most effective donation and recovery
practices.
``(2) An evaluation of living donation practices and
procedures. Such evaluation shall include an assessment of
issues relating to informed consent and the health risks
associated with living donation (including possible reduction
of long-term effects).
``(3) An evaluation of--
``(A) federally supported or conducted organ
donation efforts and policies, as well as federally
supported or conducted basic, clinical, and health
services research (including research on preservation
techniques an organ rejection and compatibility); and
``(B) the coordination of such efforts across
relevant agencies within the Department and throughout
the Federal Government.
``(4) An evaluation of the costs and benefits of State
donor registries, including the status of existing State donor
registries, the effect of State donor registries on organ
donation rates, issues relating to consent, and recommendations
regarding improving the effectiveness of State donor registries
in increasing overall organ donation rates.
``(5) A plan to improve federally supported or conducted
organ donation and recovery activities, including, when
appropriate, the establishment of baselines and benchmarks to
measure overall outcomes of these programs. Such plan shall
provide for the ongoing coordination of federally supported or
conducted organ donation and research activities.''.
SEC. 7. NATIONAL LIVING DONOR MECHANISMS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.), is amended by inserting after section 371 the following:
``SEC. 371A. NATIONAL LIVING DONOR MECHANISMS.
``The Secretary is authorized to establish and maintain mechanisms
to evaluate the long-term effects associated with living organ
donations by individuals who have served as living donors.''.
SEC. 8. STUDY.
Not later than December 31, 2004, the Secretary of Health and Human
Services, in consultation with appropriate entities, including advocacy
groups representing those populations that are likely to be
disproportionately affected by proposals to increase cadaveric
donation, shall submit to the appropriate committees of Congress a
report that evaluates the ethical implications of such proposals.
SEC. 9. QUALIFIED ORGAN PROCUREMENT ORGANIZATIONS.
Section 371(a) of the Public Health Service Act (42 U.S.C. 273(a))
is amended by striking paragraph (3).
Passed the Senate November 25, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 573
_______________________________________________________________________
AN ACT
To amend the Public Health Service Act to promote organ donation, and
for other purposes. | Organ Donation and Recovery Improvement Act - (Sec. 2) Expresses the sense of Congress that the Federal Government should carry out programs to educate the public with respect to organ donation, including the need to provide for an adequate rate of donations. States that Congress: (1) acknowledges the importance of discussing organ and tissue donation as a family; (2) recognizes the contribution made by each living individual who has donated an organ; and (3) acknowledges the advances in medical technology that have enabled organ transplantation through living organ donors to become a viable treatment option.
(Sec. 3) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to States, transplant centers, qualified organ procurement organizations or other public or private entities for reimbursement of travel and subsistence expenses incurred by individuals toward making living organ donations. Authorizes FY 2004 through 2008 appropriations.
(Sec. 4) Directs the Secretary to: (1) directly or through grants or contracts, establish a public education program to increase awareness about organ donation and the need to provide for an adequate rate of donations; and (2) support the development and dissemination of educational materials to inform health care professionals about organ, tissue, and eye donation issues, including those relating to patient, family, and cultural sensitivities.
Authorizes the Secretary to make: (1) peer reviewed grants or contracts to public and nonprofit private entities for studies and demonstration projects to increase organ donation and recovery rates, including living donation; and (2) grants to States for organ donor awareness, public education and outreach activities, and programs designed to increase the number of organ donors within the State, including living donors.
Authorizes additional FY 2004 through 2008 appropriations for such studies and grants.
Authorizes the Secretary to award matching grants to qualified organ procurement organizations and hospitals to establish programs coordinating organ donation activities of eligible hospitals and qualified organ procurement organizations. (Defines an eligible hospital as a hospital that performs significant trauma care, or a hospital or consortium of hospitals that serves a population base of not fewer than 200,000 individuals.) Requires a grantee to: (1) establish joint organ procurement organization and hospital designated leadership responsibility and accountability; (2) develop agreed upon project performance goals; and (3) collaboratively design and implement a data collection process to provide ongoing project feedback. Authorizes FY 2004 through 2008 appropriations.
(Sec. 5) Directs the Secretary, through the Director of the Agency for Healthcare Research and Quality, to: (1) develop scientific evidence supporting increased donation and improved recovery, preservation, and transportation of donated organs; and (2) support efforts to develop a uniform clinical vocabulary and technology and to enhance the skills of the organ procurement workforce. Authorizes FY 2004 through 2008 appropriations.
(Sec. 6) Directs the Secretary, by December 31, 2005, and biennially thereafter, to report on organ donation and recovery activities.
(Sec. 7) Authorizes the Secretary to establish and maintain mechanisms to evaluate the long-term effects associated with living organ donations by individuals who have served as living donors.
(Sec. 8) Directs the Secretary, in consultation with appropriate entities, including advocacy groups for populations that are likely to be disproportionately affected by proposals to increase cadaveric donation, to report on the ethical implications of such proposals.
(Sec. 9) Eliminates certain grant authority with respect to qualified organ procurement organizations. | A bill to amend the Public Health Service Act to promote organ donation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Renewable Energy Act of
2010''.
SEC. 2. USE OF RENEWABLE ENERGY TO COMPLY WITH FEDERAL RENEWABLE
ELECTRICITY STANDARD.
Section 610 of the Public Utility Regulatory Policies Act of 1978
(as added by section 132 of the American Clean Energy Leadership Act of
2009) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (10) through (12)
as paragraphs (11) through (13), respectively;
(B) by inserting after paragraph (9) the following:
``(10) Light-pipe technology.--The term `light-pipe
technology' means any equipment that uses a highly reflective
pipe that--
``(A) has a solar collection component and
distribution lens at the respective ends of the
reflective pipe to transport visible solar radiation
from the collection point of the reflective pipe to
illuminate the interior of a building;
``(B) does not generate net interior heat gain; and
``(C) integrates automatic lighting controls to
adjust traditionally powered lighting to satisfy
building lighting requirements.'';
(C) in paragraph (13) (as redesignated by
subparagraph (A))--
(i) by redesignating subparagraphs (A)
through (I) as clauses (i) through (ix),
respectively, and indenting appropriately;
(ii) in the matter preceding clause (i) (as
redesignated by clause (i)), by striking ``The
term `renewable energy' means electric energy''
and inserting the following:
``The term `renewable energy' means--
``(A) electric energy'';
(iii) in clause (ix) (as redesignated by
clause (i)), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(B) energy produced through the use of customer-
sited renewable energy equipment, including--
``(i) solar water heating;
``(ii) solar water and space heating or
cooling;
``(iii) solar daylight and light-pipe
technology;
``(iv) biogas;
``(v) ground source geothermal heat pump
energy applications; or
``(vi) another renewable energy source
based on innovative technology, as determined
by the Secretary through rulemaking.''; and
(D) by adding at the end the following:
``(14) Solar daylight.--The term `solar daylight' means a
system that--
``(A) uses to convey or diffuse natural light into
a building--
``(i) a prismatic or other lens;
``(ii) glazing that amplifies sunlight;
``(iii) reflectors; or
``(iv) concentrators; and
``(B) does not generate net interior heat gain.'';
and
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (H), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (I)(iv), by striking
the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(J) issue renewable energy credits equal to 100
percent of the electricity (or thermal energy expressed
in an electricity-equivalent) displaced by qualifying
renewable energy equipment, as described in subsection
(a)(13)(B); and
``(K) allocate the credits described in
subparagraph (J) and credits for generators of electric
energy produced through distributed generation
facilities issued under subparagraphs (A), (B), and (C)
to the utility, project owner, and end user that paid
for the purchase, installation, and maintenance of the
qualified renewable energy equipment, on the basis of
the share of the cost incurred.''; and
(B) in paragraph (3), by striking ``or (D)'' and
inserting ``(D), or (J)''. | Support Renewable Energy Act of 2010 - Amends the Public Utility Regulatory Policies Act of 1978, as it would be amended by the American Clean Energy Leadership Act of 2009 as reported to the Senate as an original measure on July 16, 2009 (S.1462), to revise the Federal Renewable Electricity Standard by expanding the definition of "renewable energy" to include energy produced through the use of customer-sited renewable energy equipment, including solar water heating, solar water and space heating or cooling, solar daylight and light-pipe technology, biogas, and ground source geothermal heat pump energy applications. Revises the Federal Renewable Energy and Energy Efficiency Credit Trading Programs by requiring the Secretary of Energy (DOE) to: (1) issue renewable energy credits equal to 100% of the electricity (or thermal energy expressed in an electricity-equivalent) displaced by qualifying renewable energy equipment; and (2) allocate such credits and credits for generators of electric energy produced through distributed generations facilities issued to the utility, project owner, and end user that paid for the purchase, installation, and maintenance of such equipment, on the basis of the cost incurred. | A bill to amend the Public Utility Regulatory Policies Act of 1978 to authorize the Secretary of Energy to promulgate regulations to allow electric utilities to use renewable energy to comply with any Federal renewable electricity standard, and for other purposes. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Individual
Retirement Account Equity and Enhancement Act of 1994''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. HOMEMAKERS ELIGIBLE FOR FULL IRA DEDUCTION.
(a) Spousal IRA Computed on Basis of Compensation of Both
Spouses.--Subsection (c) of section 219 (relating to special rules for
certain married individuals) is amended to read as follows:
``(c) Special Rules for Certain Married Individuals.--
``(1) In general.--In the case of an individual to whom
this paragraph applies for the taxable year, the limitation of
paragraph (1) of subsection (b) shall be equal to the lesser
of--
``(A) $2,000, or
``(B) the sum of--
``(i) the compensation includible in such
individual's gross income for the taxable year,
plus
``(ii) the compensation includible in the
gross income of such individual's spouse for
the taxable year reduced by the amount
allowable as a deduction under subsection (a)
to such spouse for such taxable year.
``(2) Individuals to whom paragraph (1) applies.--Paragraph
(1) shall apply to any individual if--
``(A) such individual files a joint return for the
taxable year, and
``(B) the amount of compensation (if any)
includible in such individual's gross income for the
taxable year is less than the compensation includible
in the gross income of such individual's spouse for the
taxable year.''
(b) Conforming Amendments.--
(1) Paragraph (2) of section 219(f) (relating to other
definitions and special rules) is amended by striking
``subsections (b) and (c)'' and inserting ``subsection (b)''.
(2) Section 408(d)(5) is amended by striking ``$2,250'' and
inserting ``$2,000''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1994.
SEC. 3. DISTRIBUTIONS FROM CERTAIN PLANS MAY BE USED WITHOUT PENALTY TO
PURCHASE FIRST HOMES, TO PAY HIGHER EDUCATION OR
QUALIFIED LONG-TERM CARE EXPENSES, OR BY THE LONG-TERM
UNEMPLOYED.
(a) In General.--Paragraph (2) of section 72(t) (relating to
exceptions to 10-percent additional tax on early distributions from
qualified retirement plans) is amended by adding at the end the
following new subparagraph:
``(D) Distributions from certain plans for first home
purchases or educational or long-term care expenses.--
Distributions to an individual from an individual retirement
plan, or from amounts attributable to employer contributions
made pursuant to elective deferrals described in subparagraph
(A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii)--
``(i) which are qualified first-time homebuyer
distributions (as defined in paragraph (6)), or
``(ii) to the extent such distributions do not
exceed the sum of the qualified higher education
expenses (as defined in paragraph (7)) and the
qualified long-term care expenses (as defined in
paragraph (8)) of the taxpayer for the taxable year.''
(b) Definitions.--Section 72(t) is amended by adding at the end the
following new paragraphs:
``(6) Qualified first-time homebuyer distributions.--For
purposes of paragraph (2)(D)(i)--
``(A) In general.--The term `qualified first-time
homebuyer distribution' means any payment or
distribution received by an individual to the extent
such payment or distribution is used by the individual
before the close of the 60th day after the day on which
such payment or distribution is received to pay
qualified acquisition costs with respect to a principal
residence of a first-time homebuyer who is such
individual, the spouse of such individual, or the child
or grandchild of such individual or the individual's
spouse.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual
if--
``(I) such individual (and if
married, such individual's spouse) had
no present ownership interest in a
principal residence during the 3-year
period ending on the date of
acquisition of the principal residence
to which this paragraph applies, and
``(II) subsection (a)(6), (h), or
(k) of section 1034 did not suspend the
running of any period of time specified
in section 1034 with respect to such
individual on the day before the date
the distribution is applied pursuant to
subparagraph (A)(ii).
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which construction or
reconstruction of such a principal
residence is commenced.
``(D) Special rule where delay in acquisition.--If
any distribution from any individual retirement plan
fails to meet the requirements of subparagraph (A)
solely by reason of a delay or cancellation of the
purchase or construction of the residence, the amount
of the distribution may be contributed to an individual
retirement plan as provided in section 408(d)(3)(A)(i)
(determined by substituting `120 days' for `60 days' in
such section), except that--
``(i) section 408(d)(3)(B) shall not be
applied to such contribution, and
``(ii) such amount shall not be taken into
account in determining whether section
408(d)(3)(A)(i) applies to any other amount.
``(7) Qualified higher education expenses.--For purposes of
paragraph (2)(D)(ii)--
``(A) In general.--The term `qualified higher
education expenses' means tuition, fees, books,
supplies, and equipment required for the enrollment or
attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) the child (as defined in section
151(c)(3)) or grandchild of the taxpayer or the
taxpayer's spouse,
at an eligible educational institution (as defined in
section 135(c)(3)).
``(B) Coordination with savings bond provisions.--
The amount of qualified higher education expenses for
any taxable year shall be reduced by any amount
excludable from gross income under section 135.
``(8) Qualified long-term care expenses.--For purposes of
paragraph (2)(D)(ii)--
``(A) In general.--The term `qualified long-term
care expenses' means amounts paid or incurred for
qualified long-term care services, including amounts
for insurance covering such services.
``(B) Qualified long-term care services.--For
purposes of subparagraph (A)--
``(i) In general.--The term `qualified
long-term care services' means necessary
diagnostic, preventive, therapeutic,
rehabilitative, and maintenance (including
personal care) services--
``(I) which are required by an
individual during any period during
which such individual is a functionally
impaired individual,
``(II) which have as their primary
purpose the provision of needed
assistance with 1 or more activities of
daily living which a functionally
impaired individual is certified as
being unable to perform under clause
(ii)(I), and
``(III) which are provided pursuant
to a continuing plan of care prescribed
by a licensed health care practitioner
(other than a relative of such
individual).
``(ii) Functionally impaired individual.--
``(I) In general.--The term
`functionally impaired individual'
means any individual who is certified
by a licensed health care practitioner
(other than a relative of such
individual) as being unable to perform,
without substantial assistance from
another individual (including
assistance involving verbal reminding,
physical cueing, or substantial
supervision), at least 3 activities of
daily living described in clause (iii).
``(II) Special rule for home health
care services.--In the case of services
which are provided during any period
during which an individual is residing
within the individual's home (whether
or not the services are provided within
the home), subclause (I) shall be
applied by substituting `2' for `3'.
For purposes of this subclause, a
nursing home or similar facility shall
not be treated as a home.
``(iii) Activities of daily living.--Each
of the following is an activity of daily
living:
``(I) Eating.
``(II) Transferring.
``(III) Toileting.
``(IV) Dressing.
``(V) Bathing.
``(C) Licensed health care practitioner.--For
purposes of subparagraph (B)--
``(i) In general.--The term `licensed
health care practitioner' means--
``(I) a physician or registered
professional nurse,
``(II) a qualified community care
case manager (as defined in clause
(ii)), or
``(III) any other individual who
meets such requirements as may be
prescribed by the Secretary after
consultation with the Secretary of
Health and Human Services.
``(ii) Qualified community care case
manager.--The term `qualified community care
case manager' means an individual or entity
which--
``(I) has experience or has been
trained in providing case management
services and in preparing individual
care plans;
``(II) has experience in assessing
individuals to determine their
functional and cognitive impairment;
``(III) is not a relative of the
individual receiving case management
services; and
``(IV) meets such requirements as
may be prescribed by the Secretary
after consultation with the Secretary
of Health and Human Services.
``(D) Relative.--For purposes of this paragraph,
the term `relative' means an individual bearing a
relationship to another individual which is described
in paragraphs (1) through (8) of section 152(a).''
(c) Penalty-Free Distributions for Certain Unemployed
Individuals.--Paragraph (2) of section 72(t) is amended by adding at
the end the following new subparagraph:
``(E) Distributions to unemployed individuals.--A
distribution from an individual retirement plan to an
individual after separation from employment, if--
``(i) such individual has received
unemployment compensation for 12 consecutive
weeks under any Federal or State unemployment
compensation law by reason of such separation,
and
``(ii) such distributions are made during
any taxable year during which such unemployment
compensation is paid or the succeeding taxable
year.''
(d) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) is amended by striking ``or''
at the end of subclause (III), by striking ``and'' at the end
of subclause (IV) and inserting ``or'', and by inserting after
subclause (IV) the following new subclause:
``(V) the date on which qualified
first-time homebuyer distributions (as
defined in section 72(t)(6)), or
distributions for qualified higher
education expenses (as defined in
section 72(t)(7)), or for qualified
long-term care expenses (as defined in
section 72(t)(18)), are made, and''.
(2) Section 403(b)(11) is amended by striking ``or'' at the
end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, or'', and by inserting after
subparagraph (B) the following new subparagraph:
``(C) for qualified first-time homebuyer
distributions (as defined in section 72(t)(6)) or for
the payment of qualified higher education expenses (as
defined in section 72(t)(7)) or qualified long-term
care expenses (as defined in section 72(t)(8)).''
(e) Effective Date.--The amendments made by this section shall
apply to payments and distributions after the date of the enactment of
this Act. | Individual Retirement Account Equity and Enhancement Act of 1994 - Amends the Internal Revenue Code to allow certain spouses a deduction for contributions to an individual retirement account.
Allows distribution from certain retirement plans without penalty to purchase first homes, pay higher education expenses and qualified long-term care expenses, and assist certain unemployed individuals. | Individual Retirement Account Equity and Enhancement Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent Crime Control and Regional
Prison Partnership Act of 1993''.
SEC. 2. FEDERAL-STATE PARTNERSHIPS FOR REGIONAL PRISONS.
(a) Plan Created by Attorney General.--The Attorney General shall--
(1) establish a Regional Prison Task Force comprised of--
(A) the Director of the Federal Bureau of Prisons;
and
(B) a senior correctional officer of each State
wishing to participate, who is designated for this
purpose by the Governor of the State; and
(2) create a plan, in consultation with the Regional Prison
Task Force for the establishment of a nationwide regional
prison system, and report that plan to the Committees on the
Judiciary and Appropriations of the House of Representatives
and the Senate not later than 180 days after the date of the
enactment of this Act.
(b) Scope of Plan.--The plan shall--
(1) define the boundaries and number of regions in which
regional prisons will be placed;
(2) establish the terms of the partnership agreements that
States must enter into with the Attorney General in order to
participate in the regional prison system;
(3) set forth the extent of the role of the Federal Bureau
of Prisons in administering the prisons;
(4) determine the way 2 or more States in a region will
share responsibility for the activities associated with the
regional prisons; and
(5) specify both the Federal responsibility and the State
responsibility (which shall not be less than 50 percent) for
construction costs and operating costs of the regional prisons.
(c) State Eligibility.--No State may send any prisoner to be held
at a regional prison established under this section unless such State,
as determined by the Attorney General--
(1) enters into a partnership agreement under this section
and abides substantially by its terms;
(2) establishes minimum mandatory sentences of 10 years for
persons who are convicted of a serious felony and are
subsequently convicted of a crime of violence involving the use
of a firearm or a crime of violence involving a sexual assault;
(3) establishes a truth in sentencing policy under which
offenders will serve no less than 85 percent of the term of
imprisonment to which they are sentenced--
(A) after the date the State enters into the
partnership agreement, with respect to crimes of
violence involving the use of a firearm or a crime of
violence involving a sexual assault; and
(B) after a date set by the State which is not
later than 2 years after that State enters into such
agreement, with respect to all other crimes of violence
and serious drug trafficking offenses;
(4) provides pretrial detention similar to that provided in
the Federal system under section 3142 of title 18, United
States Code;
(5) takes steps to eliminate court imposed limitations on
its prison capacity resulting from consent decrees or statutory
provisions; and
(6) provides adequate assurances that--
(A) such State will not use the regional prison
system to supplant any part of its own system; and
(B) funds provided by the State for the
construction of regional prisons under this section
will be in addition to what would otherwise have been
made available for the construction and operation of
prisons by the State.
(d) Prisoner Eligibility.--A State which is eligible under this
section may send prisoners convicted of State crimes to serve their
prison sentence in the regional prison established under this section
if--
(1) the prisoner has been convicted of not less than 2
crimes of violence or serious drug trafficking offenses and
then commits a crime of violence involving the use of a firearm
or a crime of violence involving a sexual assault; or
(2) the prisoner is an illegal alien convicted of a felony
offense punishable by more than 1 year's imprisonment.
(e) Definitions.--As used in this section--
(1) the term ``crime of violence'' is a felony offense that
is--
(A) punishable by imprisonment for a term exceeding
one year; and
(B) a crime of violence as defined in section 16 of
title 18, United States Code;
(2) the term ``serious drug trafficking offense'' is a
felony offense that is--
(A) punishable by imprisonment for a term exceeding
one year; and
(B) defined in section 924(e)(2)(A) of title 18,
United States Code;
(3) the term ``serious felony'' means a felony punishable
by imprisonment for a term exceeding 1 year, or any act of
juvenile delinquency involving the use or carrying of a
firearm, knife, or destructive device that would be punishable
by imprisonment for such term if committed by an adult, that--
(A) has as an element the use, attempted use, or
threatened use of physical force against the person of
another;
(B) is burglary, arson, or extortion, involves use
of explosives, or otherwise involves conduct that
presents a serious potential risk of physical injury to
another; or
(C) involves conduct in violation of section 401 of
the Controlled Substances Act that consists of illegal
distribution of a controlled substance;
(4) the term ``crime of violence involving a sexual
assault'' is a crime of violence that is an offense as defined
in chapter 109A of title 18, United States Code; and
(5) the term ``State'' includes the District of Columbia,
Puerto Rico, and any other territory or possession of the
United States.
(f) Regional Prison Fund.--There is established in the Treasury the
Regional Prison Fund. The Regional Prison Fund shall consist of--
(1) sums appropriated to it by Act of Congress;
(2) notwithstanding section 1401 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601) or any other provision of law,
the total of criminal fines deposited in the Crime Victims Fund
during each fiscal year (beginning after the date of the
enactment of this Act) that exceeds $150,000,000;
(3) notwithstanding any other provision of law, any portion
of the Department of Justice Asset Forfeiture Fund that the
Attorney General determines is remaining after distributions
of--
(A) funds to be shared with State and local law
enforcement;
(B) funds to pay warehouse and appraisal fees and
innocent lien holders; and
(C) funds for Federal law enforcement.
(g) Transfers.--The Secretary of the Treasury shall from time to
time make appropriate transfers between funds to implement subsection
(f).
(h) Use of Regional Prison Fund.--The Attorney General may use any
sums in the Regional Prison Fund to carry out this section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Regional Prison Fund--
(1) $1,000,000,000 for each of fiscal years 1994 through
1996; and
(2) such sums as may be necessary thereafter through fiscal
year 2004. | Violent Crime Control and Regional Prison Partnership Act of 1993 - Directs the Attorney General to: (1) establish a Regional Prison Task Force comprised of the Director of the Federal Bureau of Prisons and a senior correctional officer of each State wishing to participate, designated by the Governor of the State; and (2) create a plan, in consultation with the Task Force, for the establishment of a nationwide regional prison system.
Requires the plan to: (1) define the boundaries and number of regions in which regional prisons will be placed; (2) establish the terms of the partnership agreements that States must enter into with the Attorney General in order to participate in the regional prison system; (3) set forth the role of the Federal Bureau of Prisoners in administering the prisons; (4) determine the way two or more States in a region will share responsibility for the activities associated with such prisons; and (5) specify both the Federal responsibility and the State responsibility (which shall not be less than 50 percent) for construction and operating costs of such prisons.
Prohibits a State from sending prisoners to be held at a regional prison unless such State: (1) enters into a partnership under this Act and abides substantially by its terms; (2) establishes minimum mandatory sentences of ten years for persons who are convicted of a serious felony and are subsequently convicted of a crime of violence involving the use of a firearm or a crime of violence involving a sexual assault; (3) establishes a truth in sentencing policy under which offenders will serve no less than 85 percent of the term of imprisonment to which they are sentenced after specified dates; (4) provides pretrial detention similar to that provided in the Federal system; (5) takes steps to eliminate court-imposed limitations on its prison capacity resulting from consent decrees or statutory provisions; and (6) provides specified assurances.
Sets forth provisions regarding prisoner eligibility.
Establishes in the U.S. Treasury a Regional Prison Fund.
Authorizes appropriations. | Violent Crime Control and Regional Prison Partnership Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compete Act of 2007''.
SEC. 2. INTERNAL CONTROL REPORTING AND EVALUATION.
Subsection (b) of section 404 of the Sarbanes-Oxley Act of 2002 (15
U.S.C. 7262(b)) is amended to read as follows:
``(b) Internal Control Reporting and Evaluation.--
``(1) Auditor attestation and report.--With respect to the
internal control assessment required by subsection (a), each
registered public accounting firm that prepares or issues the
audit report for the issuer shall, at the interval determined
under paragraph (2), attest to, and report on, the assessment
made by the management of the issue. The attestation and report
on the management assessment shall focus on the process and
system management used to identify and manage risks, identify
and implement key controls, and come to a conclusion on the
effectiveness of the internal controls over financial
reporting. Such attestation and report shall not include a
separate opinion on the outcome of the assessment, that is, the
auditor shall not issue a separate (pass/fail) opinion on the
effectiveness of management's internal controls over financial
reporting. Any such attestation shall not be the subject of a
separate engagement.
``(2) Intervals for attestation and report.--The
Commission's regulations under this section shall require that
the attestation and report required by paragraph (1) be
performed during an initial reporting period, and then at 3-
year intervals. Such regulations shall require a shorter
interval in the event of a major shift in the company's
structure or performance, such as a merger, a significant
financial restatement, evidence of fraud, or other such events
as determined by the Commission.
``(3) Standards for attestation and report.--
``(A) Risk-based evaluation.--An attestation made
under this subsection shall be made in accordance with
standards for attestation engagements issued or adopted
by the Board. Such standards shall require that the
audit of the management assessment of the internal
control of the issuer shall be designed, on the basis
of the probability of risk and magnitude of potential
harm, to focus on those controls that are critical to
the accuracy of the financial statements of the issuer,
and be consistent with the materiality standards
prescribed by the Commission under paragraph (4). Such
standards shall require that the determination by the
auditor of the controls that create the greatest risk
to the company shall be done in consultation with
management of the issuer and shall identify those
greatest risks on bases of the characteristics of the
industry within which the issuer operates.
``(B) Reliance on the work of others.--The
standards issued or adopted by the Board for purposes
of implementing the requirements of this subsection
shall eliminate duplication of audits and examinations
by--
``(i) allowing registered public accounting
firms performing attestations and reports under
this subsection to rely on examinations and
inspections conducted by the Federal and state
regulatory agencies to the extent those
examinations and inspections focus on the
issuer's risk-based internal controls;
``(ii) where the issuer has engaged a
third-party accountant to test and provide
management's assessment of the internal control
systems, permitting--
``(I) the third-party accountant to
work with registered public accounting
firms performing attestations and
reports under this subsection on
determining the controls to be tested
and the scope of work;
``(II) the registered public
accounting firms performing
attestations and reports under this
subsection to rely heavily on the work
of the third-party accountant during
the attestation engagement to avoid
repetitive testing; and
``(III) management of the issuer to
communicate openly with the registered
public accounting firms performing
attestations and reports under this
subsection on all aspects of its
internal controls.
``(C) Definition.--For purposes of subparagraph
(B)(ii), the term `third-party accountant' means a
registered public accounting firm other than the
registered public accounting firm that is engaged to
perform the attestation and report under this
subsection.
``(4) Materiality standard.--The Commission shall develop a
standard of materiality for the conduct of the assessment and
report on an internal control under this subsection that shall
be based on whether the internal control has a material affect
on the company's financial statements and is significant to the
issuer's overall financial status.''.
SEC. 3. SMALLER PUBLIC COMPANY EXEMPTION FROM INTERNAL CONTROL
PROVISION.
Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following new subsection:
``(c) Smaller Public Company Exemption.--
``(1) Voluntary compliance.--A smaller public company shall
not be subject to the requirements of this section with respect
to any annual report unless such company voluntarily elects to
comply with such requirements, in accordance with regulations
prescribed by the Commission. Any smaller company that does not
elect to comply with such requirements with respect to an
annual report shall, in accordance with such regulations,
disclose that noncompliance in such report.
``(2) Definition.--For purposes of paragraph (1), the term
`smaller public company' means an issuer for which an annual
report is required by section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) that--
``(A) has a total market capitalization at the
beginning of the relevant reporting period of less than
$700,000,000;
``(B) has total product and services revenue for
that reporting period of less than $125,000,000; or
``(C) has, at the beginning of the relevant
reporting period, fewer than 1500 record beneficial
holders.''.
SEC. 4. COMPETITION FOR AUDITING SERVICES.
(a) Study Required.--The Commission and the Board shall conduct a
study examining the lack of, and impediments to, robust competition for
the performance of audits for issuers.
(b) Subjects of Study.--The study required by this section shall
examine--
(1) the causes for, and the measures that may be taken to
alleviate, the concentration of audit performance in only four
large public accounting firms capable of servicing the larger
issuers;
(2) the extent to which the Commission and the Board may,
under existing statutes, take reasonable steps--
(A) to increase the number of qualified accounting
firms; and
(B) to eliminate de minimis conflict of interest
provisions; and
(3) methods that may be undertaken for encouraging--
(A) the largest public accounting firms to partner
with smaller public accounting firms; and
(B) coalitions among smaller public accounting
firms to compete for business for larger more complex
issuers.
(c) Report.--Within 6 months after the date of enactment of this
Act, the Commission and the Board shall submit a joint report on the
study required by this section to the Committee on Financial Services
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate. Such report shall--
(1) contain the results of the examination of each of the
subjects identified in subsection (b);
(2) make recommendations to the accounting industry of
measures that may be undertaken under existing statutes,
regulations, and standards to alleviate the concentration
described in subsection (b)(1);
(3) identify the measures that the Commission and the Board
should undertake to alleviate such concentration; and
(4) make any recommendations to the Congress for changes in
the laws administered by the Commission and the Board that the
Commission or the Board consider appropriate and necessary on
the basis of the examination.
SEC. 5. PRINCIPALS-BASED GUIDANCE STUDY.
(a) Study Required.--The Commission and the Board shall conduct a
study comparing and contrasting the principles-based Turnbull Guidance
under the securities laws of Great Britain to the implementation of
section 404 of the Sarbanes-Oxley Act of 2002.
(b) Report.--Within one year after the date of enactment of this
Act, the Commission and the Board shall submit a joint report on the
study required by this section to the Committee on Financial Services
of the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate. Such report shall--
(1) compare--
(A) the relative accounting and other costs of--
(i) the principles-based Turnbull Guidance
under the securities laws of Great Britain; and
(ii) the implementation of section 404 of
the Sarbanes-Oxley Act of 2002; in relation to
(B) the relative--
(i) reduction in the level of risk to
investors; and
(ii) increase in the level of investor
confidence in the financial statements of
issuers; and
(2) recommend to the Congress appropriate measures to
alleviate accounting and other costs in relation to the
reduction of such risk and the increase in such confidence.
SEC. 6. DEFINITIONS.
For purposes of this Act, the terms ``audit'', ``Board'',
``Commission'', ``issuer'', and ``public accounting firm'' have the
meanings given such terms in section 2 of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7201). | Compete Act of 2007 - Amends the Sarbanes-Oxley Act of 2002 to revise requirements for the internal control assessment component of a securities issuer's annual report.
Requires the attestation and report by a registered public accounting firm on an issuer's management assessment of its internal control structure and procedures to focus upon the process and system used by management to identify and manage risks, identify and implement key controls, and come to a conclusion on the effectiveness of the internal controls over financial reporting.
Prohibits an auditor's attestation and report from including a separate (pass/fail) opinion on the effectiveness of such internal controls.
Requires such attestation and report to be performed at three-year intervals.
Prescribes standards for such attestations and reports, including a risk-based evaluation.
Permits attestations and reports to rely on examinations and inspections by federal and state regulatory agencies.
Instructs the Securities and Exchange Commission to develop a standard of materiality for such assessments and reports based upon whether the internal control has a material effect on the company's financial statements and is significant to the issuer's overall financial status.
Exempts a smaller public company from the requirements for management assessment of internal controls, unless it voluntarily elects to comply with them. | To reform certain provisions of section 404 of the Sarbanes-Oxley Act of 2002 to make compliance with that section more efficient, with the goal of maintaining United States capital market global competitiveness. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Funding Equity Act of
2003''.
SEC. 2. MINIMUM GUARANTEE.
Section 105 of title 23, United States Code, is amended--
(1) by striking subsection (a) and subsections (c) through
(f);
(2) by redesignating subsection (b) as subsection (e);
(3) by inserting after the section heading the following:
``(a) In General.--
``(1) Basic minimum guarantee.--
``(A) In general.--For each of fiscal years 2004
through 2009, the Secretary shall allocate among the
States amounts sufficient to ensure that the percentage
for each State of the total apportionments for the
fiscal year for the National Highway System under
section 103(b), the high priority projects program
under section 117, the Interstate maintenance program
under section 119, the surface transportation program
under section 133, metropolitan planning under section
134, the highway bridge replacement and rehabilitation
program under section 144, the congestion mitigation
and air quality improvement program under section 149,
the recreational trails program under section 206, the
Appalachian development highway system under subtitle
IV of title 40, and the basic minimum guarantee under
this paragraph, equals or exceeds the percentage
determined for the State under subparagraph (B).
``(B) State percentages.--
``(i) In general.--Except as provided in
clause (ii), the percentage for each State
referred to in subparagraph (A) is the
percentage that is equal to 95 percent of the
ratio that--
``(I) the estimated tax payments
attributable to highway users in the
State paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available.
``(ii) Exception.--In the case of a State
having a population density of less than 50
individuals per square mile according to the
2000 decennial census, the percentage referred
to in subparagraph (A) shall be the greater
of--
``(I) the percentage determined
under clause (i); or
``(II) the percentage specified in
subsection (e).
``(2) Discretionary minimum guarantee.--
``(A) Allocation.--
``(i) In general.--Except as provided in
subparagraph (B), for each of fiscal years 2004
through 2009, on or before September 30 of the
fiscal year, the Secretary shall allocate among
the States amounts sufficient to ensure that,
when all allocations from the Highway Trust
Fund (other than allocations from the Mass
Transit Account, for emergency relief, for the
programs specified in paragraph (1)(A), and for
the discretionary minimum guarantee under this
paragraph) for the fiscal year have been
identified, the percentage for each State of
all of those allocations for the fiscal year
equals or exceeds the percentage that is equal
to 95 percent of the tax payments ratio
determined under clause (ii).
``(ii) Tax payments ratio.--The tax
payments ratio referred to in clause (i) for a
State is equal to the ratio that--
``(I) the estimated tax payments
attributable to highway users in the
State paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available.
``(B) Exception.--
``(i) In general.--For any fiscal year, no
additional amounts shall be allocated to a
State under subparagraph (A) if the ratio
determined under clause (ii) for the State
exceeds 95 percent of the tax payments ratio
determined under subparagraph (A)(ii).
``(ii) Ratio.--The ratio referred to in
clause (i) for a State is equal to the ratio
that--
``(I) the sum of--
``(aa) the apportionments
to the State for the fiscal
year for the National Highway
System under section 103(b),
the high priority projects
program under section 117, the
Interstate maintenance program
under section 119, the surface
transportation program under
section 133, metropolitan
planning under section 134, the
highway bridge replacement and
rehabilitation program under
section 144, the congestion
mitigation and air quality
improvement program under
section 149, the recreational
trails program under section
206, the Appalachian
development highway system
under subtitle IV of title 40,
and the basic minimum guarantee
under paragraph (1); and
``(bb) the allocations to
the State for the fiscal year
from the Highway Trust Fund
(other than allocations from
the Mass Transit Account and
allocations for emergency
relief); bears to
``(II) the sum of the
apportionments and allocations
specified in subclause (I) to all
States for the fiscal year.
``(C) Obligation limitations.--Obligation
limitations for Federal-aid highways and highway safety
construction programs established by the Act enacting
this subparagraph or any subsequent Act shall not apply
to apportionments for the discretionary minimum
guarantee under this paragraph.
``(b) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section that
exceed $2,800,000,000 so that the amount apportioned to each
State under this paragraph for each program referred to in subsection
(a)(1)(A) (other than the high priority projects program, metropolitan
planning, the recreational trails program, the Appalachian development
highway system, and the minimum guarantee under subsection (a)) is
equal to the product obtained by multiplying--
``(A) the amount to be apportioned under this
paragraph; and
``(B) the ratio that--
``(i) the amount of funds apportioned to
the State for each program referred to in
subsection (a)(1)(A) (other than the high
priority projects program, metropolitan
planning, the recreational trails program, the
Appalachian development highway system, and the
minimum guarantee under subsection (a)) for a
fiscal year; bears to
``(ii) the total amount of funds
apportioned to the State for that program for
the fiscal year.
``(2) Remaining distribution.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall apportion the remainder of funds made
available under this section to the States, and
administer those funds, in accordance with section
104(b)(3).
``(B) Inapplicable requirements.--Paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned in accordance with this paragraph.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as are necessary to carry out this section for each
of fiscal years 2004 through 2009.
``(d) Guarantee of 95 Percent Return.--
``(1) In general.--For each of fiscal years 2004 through
2009, before making any apportionment under this title, the
Secretary shall--
``(A) determine whether the sum of the percentages
determined under subsection (a)(1)(B) for the fiscal
year exceeds 100 percent; and
``(B) if the sum of the percentages exceeds 100
percent, proportionately adjust the percentages
specified in the table contained in subsection (e) to
ensure that the sum of the percentages determined under
subsection (a)(1)(B) for the fiscal year equals 100
percent.
``(2) Eligibility threshold for adjustment.--The Secretary
may make an adjustment under paragraph (1) for a State for a
fiscal year only if the percentage for the State in the table
contained in subsection (e) is equal to or exceeds 95 percent
of the ratio determined for the State under subsection
(a)(1)(B)(i) for the fiscal year.
``(3) Limitation on adjustments.--Adjustments of the
percentages in the table contained in subsection (e) in
accordance with this subsection shall not result in a total of
the percentages determined under subsection (a)(1)(B) that
exceeds 100 percent.''; and
``(4) in subsection (e) (as redesignated by paragraph (2)),
by striking ``subsection (a)'' and inserting ``subsections
(a)(1)(B)(ii)(II) and (d)''. | Highway Funding Equity Act of 2003 - Revises Federal highway funding minimum guarantee provisions. Requires the Secretary of Transportation, for each of FY 2004 through 2009, to allocate among the States amounts sufficient to ensure that: (1) the percentage for each State of the total apportionments for the fiscal year for the National Highway System (NHS), the high priority projects program, the Interstate maintenance program, the surface transportation program, metropolitan planning, the highway bridge replacement and rehabilitation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system, and the basic minimum guarantee equals or exceeds 95 percent of the ratio that the estimated tax payments to the Highway Trust Fund (HTF) (other than the Mass Transit Account) attributable to highway users in the State bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile); and (2) when HTF allocations (other than from the Mass Transit Account, for such programs, emergency relief, and the discretionary minimum guarantee) for the fiscal year have been identified, the percentage for each State of all of those allocations for the fiscal year equals or exceeds the percentage that is equal to 95 percent of such tax payments ratio.
Sets forth provisions regarding: (1) the programmatic distribution of NHS funds exceeding $2.8 billion; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100. | To amend title 23, United States Code, relating to the minimum guarantee program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biodiesel Promotion Act of 2003''.
SEC. 2. INCENTIVES FOR BIODIESEL.
(a) Credit for Biodiesel Used as a Fuel.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business related credits) is amended by inserting after section
40 the following new section:
``SEC. 40A. BIODIESEL USED AS FUEL.
``(a) General Rule.--For purposes of section 38, the biodiesel
fuels credit determined under this section for the taxable year is an
amount equal to the biodiesel mixture credit.
``(b) Definition of Biodiesel Mixture Credit.--For purposes of this
section--
``(1) Biodiesel mixture credit.--
``(A) In general.--The biodiesel mixture credit of
any taxpayer for any taxable year is the sum of the
products of the biodiesel mixture rate for each
qualified biodiesel mixture and the number of gallons
of such mixture of the taxpayer for the taxable year.
``(B) Biodiesel mixture rate.--For purposes of
subparagraph (A), the biodiesel mixture rate for each
qualified biodiesel mixture shall be--
``(i) in the case of a mixture with only
biodiesel V, 1 cent for each whole percentage
point (not exceeding 20 percentage points) of
biodiesel V in such mixture, and
``(ii) in the case of a mixture with
biodiesel NV, or a combination of biodiesel V
and biodiesel NV, 0.5 cent for each whole
percentage point (not exceeding 20 percentage
points) of such biodiesel in such mixture.
``(2) Qualified biodiesel mixture.--
``(A) In general.--The term `qualified biodiesel
mixture' means a mixture of diesel and biodiesel V or
biodiesel NV which--
``(i) is sold by the taxpayer producing
such mixture to any person for use as a fuel,
or
``(ii) is used as a fuel by the taxpayer
producing such mixture.
``(B) Sale or use must be in trade or business,
etc.--
``(i) In general.--Biodiesel V or biodiesel
NV used in the production of a qualified
biodiesel mixture shall be taken into account--
``(I) only if the sale or use
described in subparagraph (A) is in a
trade or business of the taxpayer, and
``(II) for the taxable year in
which such sale or use occurs.
``(ii) Certification for biodiesel v.--
Biodiesel V used in the production of a
qualified biodiesel mixture shall be taken into
account only if the taxpayer described in
subparagraph (A) obtains a certification from
the producer of the biodiesel V which
identifies the product produced.
``(C) Casual off-farm production not eligible.--No
credit shall be allowed under this section with respect
to any casual off-farm production of a qualified
biodiesel mixture.
``(c) Coordination With Exemption From Excise Tax.--The amount of
the credit determined under this section with respect to any biodiesel
V shall, under regulations prescribed by the Secretary, be properly
reduced to take into account any benefit provided with respect to such
biodiesel V solely by reason of the application of section 4041(n) or
section 4081(f).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Biodiesel v defined.--The term `biodiesel V' means
the monoalkyl esters of long chain fatty acids derived solely
from virgin vegetable oils for use in compressional-ignition
(diesel) engines. Such term shall include esters derived from
vegetable oils from corn, soybeans, sunflower seeds,
cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds,
rice bran, and mustard seeds.
``(2) Biodiesel nv defined.--The term `biodiesel NV' means
the monoalkyl esters of long chain fatty acids derived from
nonvirgin vegetable oils or animal fats for use in
compressional-ignition (diesel) engines.
``(3) Registration requirements.--The terms `biodiesel V'
and `biodiesel NV' shall only include a biodiesel which meets--
``(i) the registration requirements for
fuels and fuel additives established by the
Environmental Protection Agency under section
211 of the Clean Air Act (42 U.S.C. 7545), and
``(ii) the requirements of the American
Society of Testing and Materials D6751.
``(4) Biodiesel mixture not used as a fuel, etc.--
``(A) Imposition of tax.--If--
``(i) any credit was determined under this
section with respect to biodiesel V or
biodiesel NV used in the production of any
qualified biodiesel mixture, and
``(ii) any person--
``(I) separates such biodiesel from
the mixture, or
``(II) without separation, uses the
mixture other than as a fuel,
then there is hereby imposed on such person a
tax equal to the product of the biodiesel
mixture rate applicable under subsection
(b)(1)(B) and the number of gallons of the
mixture.
``(B) Applicable laws.--All provisions of law,
including penalties, shall, insofar as applicable and
not inconsistent with this section, apply in respect of
any tax imposed under subparagraph (A) as if such tax
were imposed by section 4081 and not by this chapter.
``(5) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(e) Election To Have Biodiesel Fuels Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).
``(3) Manner of making election.--An election under
paragraph (1) (or revocation thereof) shall be made in such
manner as the Secretary may by regulations prescribe.
``(f) Termination.--This section shall not apply to any fuel sold
after December 31, 2005.''.
(2) Credit treated as part of general business credit.--
Section 38(b) of the Internal Revenue Code of 1986 is amended
by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(16) the biodiesel fuels credit determined under section
40A(a).''.
(3) Conforming amendments.--
(A) Section 39(d) of the Internal Revenue Code of
1986 is amended by adding at the end the following new
paragraph:
``(11) No carryback of biodiesel fuels credit before
january 1, 2003.--No portion of the unused business credit for
any taxable year which is attributable to the biodiesel fuels
credit determined under section 40A may be carried back to a
taxable year beginning before January 1, 2003.''.
(B) Section 196(c) of such Code is amended by
striking ``and'' at the end of paragraph (9), by
striking the period at the end of paragraph (10), and
by adding at the end the following new paragraph:
``(11) the biodiesel fuels credit determined under section
40A(a).''.
(C) Section 6501(m) of such Code is amended by
inserting ``40A(e),'' after ``40(f),''.
(D) The table of sections for subpart D of part IV
of subchapter A of chapter 1 of such Code is amended by
adding after the item relating to section 40 the
following new item:
``Sec. 40A. Biodiesel used as fuel.''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2002.
(b) Reduction of Motor Fuel Excise Taxes on Biodiesel V Mixtures.--
(1) In general.--Section 4081 of the Internal Revenue Code
of 1986 (relating to manufacturers tax on petroleum products)
is amended by adding at the end the following new subsection:
``(f) Biodiesel V Mixtures.--Under regulations prescribed by the
Secretary--
``(1) In general.--In the case of the removal or entry of a
qualified biodiesel mixture with biodiesel V, the rate of tax
under subsection (a) shall be the otherwise applicable rate
reduced by the biodiesel mixture rate (if any) applicable to
the mixture.
``(2) Tax prior to mixing.--
``(A) In general.--In the case of the removal or
entry of diesel fuel for use in producing at the time
of such removal or entry a qualified biodiesel mixture
with biodiesel V, the rate of tax under subsection (a)
shall be the rate determined under subparagraph (B).
``(B) Determination of rate.--For purposes of
subparagraph (A), the rate determined under this
subparagraph is the rate determined under paragraph
(1), divided by a percentage equal to 100 percent minus
the percentage of biodiesel V which will be in the
mixture.
``(3) Definitions.--For purposes of this subsection, any
term used in this subsection which is also used in section 40A
shall have the meaning given such term by section 40A.
``(4) Certain rules to apply.--Rules similar to the rules
of paragraphs (6) and (7) of subsection (c) shall apply for
purposes of this subsection.''.
(2) Conforming amendments.--
(A) Section 4041 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subsection:
``(n) Biodiesel V Mixtures.--Under regulations prescribed by the
Secretary, in the case of the sale or use of a qualified biodiesel
mixture (as defined in section 40A(b)(2)) with biodiesel V, the rates
under paragraphs (1) and (2) of subsection (a) shall be the otherwise
applicable rates, reduced by any applicable biodiesel mixture rate (as
defined in section 40A(b)(1)(B)).''.
(B) Section 6427 of such Code is amended by
redesignating subsection (p) as subsection (q) and by
inserting after subsection (o) the following new
subsection:
``(p) Biodiesel V Mixtures.--Except as provided in subsection (k),
if any diesel fuel on which tax was imposed by section 4081 at a rate
not determined under section 4081(f) is used by any person in producing
a qualified biodiesel mixture (as defined in section 40A(b)(2)) with
biodiesel V which is sold or used in such person's trade or business,
the Secretary shall pay (without interest) to such person an amount
equal to the per gallon applicable biodiesel mixture rate (as defined
in section 40A(b)(1)(B)) with respect to such fuel.''.
(3) Effective date.--The amendments made by this subsection
shall apply to any fuel sold after December 31, 2002, and
before January 1, 2006.
(c) Highway Trust Fund Held Harmless.--There are hereby transferred
(from time to time) from the funds of the Commodity Credit Corporation
amounts determined by the Secretary of the Treasury to be equivalent to
the reductions that would occur (but for this subsection) in the
receipts of the Highway Trust Fund by reason of the amendments made by
this section. | Biodiesel Promotion Act of 2003 - Amends the Internal Revenue Code to establish a biodiesel fuels credit. | A bill to amend the Internal Revenue Code of 1986 to allow a credit for biodiesel fuel. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Return Preparer Competency Act
of 2015''.
SEC. 2. MINIMUM COMPETENCY STANDARDS FOR TAX RETURN PREPARERS.
(a) In General.--Subsection (a) of section 330 of title 31, United
States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) regulate--
``(A) the practice of representatives of persons
before the Department of the Treasury; and
``(B) tax return preparers (as defined in section
7701(a)(36) of the Internal Revenue Code of 1986);
and''; and
(2) in paragraph (2)--
(A) by inserting ``or tax return preparer'' after
``representative'' each place it appears; and
(B) by inserting ``or in preparing their tax
returns, claims for refund, or documents in connection
with tax returns or claims for refund'' after ``cases''
in subparagraph (D).
(b) Failure To Meet Minimum Competency Standards.--Subsection (b)
of section 330 of title 31, United States Code, is amended--
(1) by striking ``before the Department'';
(2) by inserting ``or tax return preparer'' after
``representative'' each place it appears; and
(3) in paragraph (4), by striking ``misleads or threatens''
and all that follows and inserting ``misleads or threatens--
``(A) any person being represented or any
prospective person being represented; or
``(B) any person or prospective person whose return
(as defined in section 6696(e)(1) of the Internal
Revenue Code of 1986), claim for refund (as defined in
section 6696(e)(2) of such Code), or document in
connection with a return or claim for refund, is being
or may be prepared.''.
(c) Minimum Competency Standards for Tax Return Preparers.--
(1) In general.--Section 330 of title 31, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Tax Return Preparers.--
``(1) In general.--Any tax return preparer (as defined in
section 7701(a)(36) of the Internal Revenue Code of 1986) shall
demonstrate minimum competency standards under this subsection,
by--
``(A) obtaining an identifying number for securing
proper identification of such preparer as described in
section 6109(a)(4) of the Internal Revenue Code of
1986;
``(B) satisfying the examination requirements
described in paragraph (2);
``(C) satisfying the annual continuing education
requirements described in paragraph (3); and
``(D) completing a background check as described in
paragraph (4).
``(2) Examination.--
``(A) In general.--A tax return preparer shall
provide the Secretary with proof of successful
completion of an examination that evaluates the
knowledge and competency of the tax return preparer, as
prescribed by the Secretary through regulations, forms
or instructions, regarding--
``(i) preparation of a return (as defined
in section 6696(e)(1) of the Internal Revenue
Code of 1986);
``(ii) ethical standards for preparation of
such returns; and
``(iii) other topics as the Secretary may
prescribe.
``(B) Exceptions.--The Secretary shall exempt tax
return preparers from the examination requirements
under this paragraph pursuant to such requirements as
are determined appropriate by the Secretary, which
shall include any comparable examinations administered
by the Secretary or any comparable State licensing or
registration programs.
``(3) Continuing education.--A tax return preparer shall
complete continuing education on an annual basis, which shall
consist of not less than 15 hours of instruction, which shall
include not less than 2 hours of training relating to ethics
and not less than 3 hours relating to Federal tax law updates.
``(4) Background check.--
``(A) In general.--A tax return preparer shall
demonstrate the requirements of subsection (a)(2) by
providing the Secretary with a report, as prescribed by
the Secretary through regulations, forms or
instructions.
``(B) Exceptions.--The Secretary shall exempt tax
return preparers who have been subject to comparable
background checks administered by the Secretary or any
comparable State licensing or registration programs.''.
(d) Contingency Fees.--The Secretary of the Treasury may not
regulate, prohibit, or restrict the use of a contingent fee in
connection with tax returns, claims for refund, or documents in
connection with tax returns or claims for refund prepared on behalf of
a taxpayer.
(e) Public Database for Tax Return Preparers.--Not later than 1
year after the date of the enactment of this Act, the Secretary of the
Treasury, shall ensure that the name and identification number (as
described in section 6109(a)(4) of the Internal Revenue Code of 1986)
of any tax return preparer who satisfies the requirements under section
330 of title 31, United States Code, is made publicly available through
such measures as are determined appropriate by the Secretary, which may
include the use of any publicly available database that has been
established and operated by the Secretary on or before the date of the
enactment of this Act. | Tax Return Preparer Competency Act of 2015 This bill grants the Department of the Treasury authority to regulate the practice of tax return preparers and to sanction preparers for incompetency or misconduct. The bill also imposes minimum competency standards for tax return prepares and requires Treasury to make publicly available a database identifying qualified tax return preparers. | Tax Return Preparer Competency Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Essential Storage To Enhance
Regions in Need Act'' or the ``WESTERN Act''.
SEC. 2. CORPS OF ENGINEERS BOARD OF APPEALS FOR PERMITS FOR CERTAIN
WATER STORAGE PROJECTS.
Section 404(a) of the Federal Water Pollution Control Act (33
U.S.C. 1344(a)) is amended--
(1) by striking ``The Secretary may issue'' and inserting
the following:
``(1) In general.--The Secretary may issue''; and
(2) by adding at the end the following:
``(2) Requirements.--
``(A) Purpose and need statements.--
``(i) In general.--Not later than 90 days
after the date of receipt of a complete
application for a permit for a water storage
project under this subsection, the Secretary
shall develop and provide to each applicant a
purpose and need statement that describes--
``(I) whether the Secretary concurs
with the assessment of, and
alternatives for, the purposes and
needs of the water storage project, as
proposed by the applicant; and
``(II) in any case in which the
Secretary does not concur with the
assessment, an assessment developed by
the Secretary of the purposes and needs
of the project.
``(ii) Effect on environmental impact
statements.--No environmental impact statement
or similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) shall commence with respect to a
water storage project for which a permit is
sought under this subsection until the date on
which the Secretary provides to each applicant
for the permit the purpose and need statement
under clause (i).
``(B) Records of decision.--Before the date on
which the Secretary issues a permit under this
subsection, the Secretary shall provide to each
applicant for the permit a record of decision
describing all applicable conditions that will apply to
the permit.
``(3) Corps of engineers board of appeals.--
``(A) Establishment.--The Secretary shall establish
a board of appeals, to be known as the `Corps of
Engineers Board of Appeals' (referred to in this
paragraph as the `Board').
``(B) Membership.--The Board shall be composed of 5
members, to be appointed by the Secretary, of whom--
``(i) 3 shall be representatives of State
water development agencies; and
``(ii) 2 shall be representatives of the
Corps of Engineers.
``(C) Duties.--
``(i) In general.--The Board shall make
determinations on all appeals relating to
permits issued pursuant to this subsection for
water storage projects, including any appeal
regarding--
``(I) a purpose and need statement
issued under paragraph (2)(A)(i);
``(II) a record of decision issued
under paragraph (2)(B), including any
condition on a permit described in the
record of decision; or
``(III) any final decision of the
Secretary to approve or disapprove a
permit under this subsection.
``(ii) Deadline.--The Board shall make a
determination regarding an appeal under clause
(i) by not later than 90 days after the date on
which the appeal is filed with the Board.
``(D) Factors for consideration.--In making a
determination under subparagraph (C), the Board shall
evaluate, as applicable--
``(i) any field decision of the Corps of
Engineers regarding the purposes or needs of
the applicable water storage project;
``(ii) any condition placed on a permit for
the applicable project under this subsection,
based on the record of decision for the project
under paragraph (2)(B); and
``(iii) any determination by the Secretary
to deny a permit under this subsection for the
applicable project.
``(E) Treatment of determinations.--Notwithstanding
any other provision of law (including regulations),
effective on the date of enactment of this paragraph, a
determination by the Board under this paragraph shall
supercede any other appellate determination of the
Corps of Engineers regarding permits under this
subsection.''. | Water Essential Storage To Enhance Regions in Need Act or the WESTERN Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Secretary of the Army, not later than 90 days after the receipt of an application for a permit for a water storage project, to provide to the applicant a statement that describes: (1) whether the Secretary concurs with the assessment of, and alternatives for, the purposes and needs of such project as proposed by the applicant; and (2) if the Secretary doesn't concur, the Secretary's assessment.
Requires the Secretary, before issuing a permit, to provide to applicants records of decisions describing applicable conditions that will apply to such permits.
Requires the Secretary to establish the Corps of Engineers Board of Appeals to make determinations on all appeals relating to permits issued pursuant to such Act for water storage projects, including appeals regarding a purpose and need statement, a record of decision, and the Secretary's final decisions on permit approval. Sets forth factors for the Board to consider in making a determination on an appeal.
Provides that a determination by the Board supersedes other Corps of Engineers' appellate determinations regarding permits. | A bill to amend the Federal Water Pollution Control Act to establish a Corps of Engineers Board of Appeals for permits for certain water storage projects, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Banking and Housing Agency
Accountability Preservation Act''.
SEC. 2. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) shall not apply to any report
required to be submitted under any of the following provisions of law:
(1) Section 3 of the Employment Act of 1946 (15 U.S.C.
1022).
(2) Section 309 of the Defense Production Act of 1950 (50
U.S.C. App. 2099).
(3) Section 603 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3213).
(4) Section 7(o)(1) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(o)(1)).
(5) Section 540(c) of the National Housing Act (12 U.S.C.
1735f-18(c)).
(6) Paragraphs (2) and (6) of section 808(e) of the Civil
Rights Act of 1968 (42 U.S.C. 3608(e)).
(7) Section 1061 of the Housing and Community Development
Act of 1992 (42 U.S.C. 4856).
(8) Section 24(l) of the United States Housing Act of 1937
(42 U.S.C. 1437v(l)).
(9) Section 203(v) of the National Housing Act (12 U.S.C.
1709(v)), as added by section 504 of the Housing and Community
Development Act of 1992 (Public Law 102-550; 106 Stat. 3780).
(10) Section 232(j) of the National Housing Act (12 U.S.C.
1715w(j).
(11) Section 802 of the Housing Act of 1954 (12 U.S.C.
1701o) and section 8 of the Department of Housing and Urban
Development Act (42 U.S.C. 3536).
(12) Section 1320 of the National Flood Insurance Act of
1968 (42 U.S.C. 4027).
(13) Section 113(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5313(a)).
(14) Section 626 of the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5425).
(15) Section 4(e)(2) of the Department of Housing and Urban
Development Act (42 U.S.C. 3533(e)(2).
(16) Section 205(g) of the National Housing Act (12 U.S.C.
1711(g)).
(17) Section 2546 of the Comprehensive Thrift and Bank
Fraud Prosecution and Taxpayer Recovery Act of 1990 (28 U.S.C.
522 note).
(18) Section 701(c)(1) of the International Financial
Institutions Act (22 U.S.C. 262d(c)(1)).
(19) Paragraphs (1) and (2) of section 5302(c) of title 31,
United States Code.
(20) Section 18(f)(7) of the Federal Trade Commission Act.
(15 U.S.C. 57a(f)(7)).
(21) Section 333 of the Revised Statutes of the United
States (12 U.S.C. 14).
(22) Section 3(g) of the Home Owners' Loan Act (12 U.S.C.
1462a(g)).
(23) Section 537(h)(2) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1988 (22
U.S.C. 262l(h)(2)).
(24) Section 304 of the Appalachian Regional Development
Act of 1965 (40 U.S.C. App. 304).
(25) Sections 2(b)(1)(A), 8(a), 8(c), 10(g)(1), and 11(c)
of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(A),
635g(a), 635g(c), 635i-3(g), and 635i-5(c)).
(26) Section 17 of the Federal Deposit Insurance Act, other
than subsection (h) (12 U.S.C. 1827).
(27) Section 13 of the Federal Financing Bank Act of 1933
(12 U.S.C. 2292).
(28) Section 202(b)(8) of the National Housing Act (12
U.S.C. 1708(b)(8)).
(29) Section 10(j)(12) of the Federal Home Loan Bank Act
(12 U.S.C. 1430(j)(12)).
(30) Section 2B(d) of the Federal Home Loan Bank Act (12
U.S.C. 1422b(d)).
(31) Section 1002(b) of Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note).
(32) Section 8 of the Fair Credit and Charge Card
Disclosure Act of 1988 (15 U.S.C. 1637 note).
(33) Section 136(b)(4)(B) of the Truth in Lending Act (15
U.S.C. 1646(b)(4)(B)).
(34) Section 707 of the Equal Credit Opportunity Act (15
U.S.C. 1691f).
(35) Section 114 of the Truth in Lending Act (15 U.S.C.
1613).
(36) The seventh undesignated paragraph of section 10 of
the Federal Reserve Act (12 U.S.C. 247).
(37) The tenth undesignated paragraph of section 10 of the
Federal Reserve Act (12 U.S.C. 247a).
(38) Section 2A of the Federal Reserve Act (12 U.S.C.
225a).
(39) Section 815 of the Fair Debt Collection Practices Act
(15 U.S.C. 1692m).
(40) Section 102(d) of the Federal Credit Union Act (12
U.S.C. 1752a(d)).
(41) Section 21B(i) of the Federal Home Loan Bank Act (12
U.S.C. 1441b(i)).
(42) Section 607(a) of the Housing and Community
Development Amendments of 1978 (42 U.S.C. 8106(a)).
SEC. 3. ELIMINATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Export-Import Bank.--
(1) Section 2(b)(1)(D) of the Export-Import Bank Act of
1945 (12 U.S.C. 635(b)(1)(D)) is amended--
(A) by striking ``(i)''; and
(B) by striking clause (ii).
(2) Section 2(b)(8) of such Act (12 U.S.C. 635(b)(8)) is
amended by striking the last sentence.
(3) Section 6(b) of such Act (12 U.S.C. 635e(b)) is amended
by striking paragraph (2) and redesignating paragraph (3) as
paragraph (2).
(4) Section 8 of such Act (12 U.S.C. 635g) is amended by
striking subsections (b) and (d) and redesignating subsections
(c) and (e) as subsections (b) and (c), respectively.
(b) Federal Deposit Insurance Corporation.--Section 17 of the
Federal Deposit Insurance Act (12 U.S.C. 1827) is amended by striking
subsection (h).
Passed the House of Representatives October 19, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Banking and Housing Agency Accountability Preservation Act - Makes a provision of the Federal Reports Elimination and Sunset Act of 1995 which terminates on December 31, 1999, all reporting requirements included on a list prepared by the Clerk of the House of Representatives for the first session of the 103rd Congress inapplicable to certain monetary policy, banking, and housing reporting requirements under specified Acts. Includes among the 42 exempted provisions requirements for the President's Economic Report, the annual report of the Council of Economic Advisers, and the semiannual Humphrey-Hawkins Report of the Federal Reserve.
Amends the: (1) Export-Import Bank Act of 1945 to eliminate certain activity and fiscal authority reporting requirements of the Export-Import Bank; and (2) Federal Deposit Insurance Act to eliminate the requirement for a semiannual report on activities and efforts of the Federal Deposit Insurance Corporation. | Banking and Housing Agency Accountability Preservation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Training and Employment
Bill of Rights Act of 1996''.
SEC. 2. VETERANS' TRAINING AND EMPLOYMENT ASSISTANCE.
(a) In General.--Chapter 42 of title 38, United States Code, is
amended by adding at the end the following:
``Sec. 4215. Veterans' Employment and Training Bill of Rights
``(a) For the purposes of this section, an individual is a covered
person if the individual is--
``(1) a veteran who has a service-connected disability;
``(2) a veteran who served on active duty in the armed
forces during a war, in a campaign or expedition for which a
campaign badge has been authorized; or
``(3) the spouse of--
``(A) any person who died of a service-connected
disability;
``(B) any member of the Armed Forces serving on
active duty who, at the time of application for
assistance under this section, is listed, pursuant to
section 556 of title 37 and regulations issued
thereunder, by the Secretary concerned in one or more
of the following categories and has been so listed for
a total of more than 90 days: (i) missing in action,
(ii) captured in line of duty by a hostile force, or
(iii) forcibly detained or interned in line of duty by
a foreign government or power;
``(C) any person who has a total disability
permanent in nature resulting from a service-connected
disability; or
``(D) a veteran who died while a disability so
evaluated was in existence.
``(b) A covered person is entitled to priority of services under
any federally-funded (in whole or in part) work-force preparation,
development, or delivery program or service if the person otherwise
meets the eligibility requirements for participating in such program or
service, including a program or service that uses technology to assist
individuals to access workforce development programs (such as job and
training opportunities, labor market information, career assessment
tools, and related support services).
``(c) In addition to subsection (b), the entities at the State and
local levels that administer or deliver services under a program
described in subsection (b) shall be responsible for the following:
``(1) Providing information and effective referral
assistance to covered persons regarding benefits and services
that may be obtained through other entities or service providers.
``(2) Ensuring that each covered person who applies or is
assisted by a program referred to in subsection (b) is informed
of the employment-related rights, and benefits to which the
person is entitled under this section.
``(d) Each State or local council, board, or advisory body
established in support of a program described in subsection (b) shall
include adequate representation from the veterans' community,
particularly from veterans' service organizations.
``(e) The Secretary of Labor, following review and comment by the
Advisory Committee on Veterans Employment and Training, shall submit an
annual report to the Committees on Veterans' Affairs of the Senate and
House of Representatives which shall include the information necessary
to (1) evaluate whether covered persons are receiving priority in
services and are being fully served by programs described in subsection
(b), and (2) that the levels of service of such programs are in
proportion to the incidence of representation of veterans in the labor
market, including within groups targeted by such programs, if any. The
Secretary of Labor may promulgate such regulations and procedures as
may be necessary to ensure that such reports are provided.
``(f) For the purposes of this section, a federally-funded (in
whole or in part) work-force preparation, development, or delivery
program includes (1) programs within the public employment service
system, one-stop career centers, the Job Training Partnership Act, a
demonstration or other temporary program, and those programs
implemented by States or local service providers based on Federal block
grants, and (2) workforce development programs targeted to specific
groups.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 42 of such title is amended by inserting after the item
relating to section 4214 the following new item:
``4215. Veterans' Employment and Training Bill of Rights.''.
SEC. 3. EMPLOYMENT OF VETERANS WITH RESPECT TO FEDERAL CONTRACTS.
(a) In General.--Section 4212 of title 38, United States Code, is
amended by striking out subsections (a) and (b) and inserting in lieu
thereof the following:
``(a) For the purposes of this section--
``(1) the term `covered contract' means a contract in the
amount of $100,000 or more entered into by any department or
agency for the procurement of personal property and nonpersonal
services (including construction) for the United States
Government;
``(2) the term `covered grant' means a grant in the amount
of $100,000 or more made by any department or agency under
which the principal purpose is to transfer a thing of value to
the State or local government or other recipient to carry out a
public purpose of support or stimulation authorized by a law of
the United States instead of acquiring (by purchase, lease, or
barter) property or services for the direct benefit or use of
the United States Government; and
``(3) the term `qualified', with respect to an employment
position, means having the ability to perform the essential
tasks of the position, with reasonable accommodation.
``(b)(1) Any covered contract or grant shall contain a provision
requiring that the party contracting with, or receiving a grant from,
the United States shall take affirmative action to employ and advance
in employment--
``(A) qualified disabled veterans,
``(B) qualified veterans who served on active duty in the
Armed Forces during a war, in a campaign or expedition for
which a campaign badge has been authorized, and
``(C) qualified veterans who, while serving on active duty
in the Armed Forces, participated in a United States military
operation for which an Armed Forces service medal was awarded
pursuant to Executive Order 12985 (61 Fed. Reg. 1209).
``(2) The provisions of this section shall apply--
``(A) in the case of a covered contract, to any subcontract
entered into by a prime contractor; and
``(B) in the case of a covered grant, to any subgrantee.
``(3) In addition to requiring affirmative action to employ such
veterans under such contracts and subcontracts and with respect to such
grants and subgrants, and in order to promote the implementation of
such requirement, the President shall implement the provisions of this
section by promulgating regulations which shall require that--
``(A) each such contractor or grantee undertake in such
contract or grant agreement to list all of its employment
openings immediately with the appropriate local employment
service office, other appropriate service delivery points, or
America's Job Bank (or any additional or subsequent national
computerized job bank established by the Department of Labor),
except that the contractor or grantor may exclude openings for
positions which are to be filled from within the contractor's
or grantee's organization and positions lasting three days or
less; and
``(B) each such local office or other service delivery
point shall give such veterans priority in referral to such
employment openings.''.
(b) Additional and Conforming Amendments.--Section 4212 of such
title is amended--
(1) in subsection (c)--
(A) by striking out ``filed pursuant to subsection
(b) of this section'' and inserting in lieu thereof
``relating to this section filed pursuant to section
4216 of this title'';
(B) by striking out ``suitable''; and
(C) by striking out ``subsection (a)(2)'' and
inserting in lieu thereof ``subsection (a)(3)(B)''; and
(2) in subsection (d)--
(A) by amending subparagraphs (A) and (B) of
paragraph (1) to read as follows:
``(A) the number of employees in the work force of such
contractor or grantee, by job category and hiring location, and
the number of such employees, by job category and hiring
location, who are veterans described in subsection (a); and
``(B) the total number of new employees hired by the
contractor during the period covered by the report and the
number of such employees who are veterans described in
subsection (a).''; and
(B) by inserting ``or grantee'' after
``contractor''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to contracts entered into and grants made on or
after 60 days after the date of the enactment of this Act.
SEC. 4. EMPLOYMENT WITHIN THE FEDERAL GOVERNMENT.
Section 4214 of title 38, United States Code, is amended--
(1) by amending the second sentence of subsection (a) to
read as follows: ``The Federal Government is also continuously
concerned with building an effective, competent work force, and
veterans constitute a uniquely qualified recruiting source.'';
(2) in subsection (b)(1), by striking out ``readjustment''
and inserting in lieu thereof ``recruitment''; and
(3) in subsection (g), by striking out ``qualified'' the
first place it occurs and all that follows through ``era'' and
inserting in lieu thereof ``those veterans described in
subparagraphs (A), (B), and (C) of section 4212(b)(1) of this
title''.
SEC. 5. ENFORCEMENT OF VETERANS' EMPLOYMENT RIGHTS AND BENEFITS.
(a) In General.--Chapter 42 of title 38, United States Code, as
amended by section 2, is further amended by adding at the end the
following:
``Sec. 4216. Enforcement of veterans' employment rights and benefits
``(a) The Secretary of Labor (through the Assistant Secretary of
Labor for Veterans' Employment and Training) shall provide assistance
to any person or entity with respect to the requirements of sections
4212 and 4215. In providing such assistance, the Secretary may request
the assistance of existing Federal and State agencies engaged in
similar or related activities and utilize the assistance of volunteers.
``(b)(1) An individual described in subparagraph (A), (B), or (C)
of section 4212(b)(1) or in section 4215(a) of this title who believes
that--
``(A) such individual is entitled to rights or benefits
under section 4212 (relating to United States Government
contracts and grants), or 4215 (relating to federally-funded
work-force programs and services), respectively, and
``(B) an entity with obligations under either of such
sections has failed to comply or refuses to comply with the
provisions of such sections,
may file a complaint with the Secretary of Labor.
``(2) Such complaint shall be in writing, be in such form as the
Secretary may prescribe, include the name and address of the party
against whom the complaint is filed, and contain a summary of the
allegations that form the basis for the complaint.
``(3) A complaint may only be filed under paragraph (1) within 90
days after the date of the failure or refusal described in subsection
(b).
``(c) The Secretary of Labor shall promptly investigate the
complaint. If the Secretary of Labor determines as a result of the
investigation that the action alleged in such complaint occurred, the
Secretary shall attempt to resolve the complaint by making reasonable
efforts to ensure that the party named in the complaint complies with
the provisions of section 4212 or 4215, as appropriate. If, within 90
days after the date on which such complaint is filed, the efforts to
resolve the complaint are unsuccessful, the Secretary of Labor shall
notify the individual who submitted the complaint of--
``(1) the results of the investigation; and
``(2) the individual's rights.
``(d)(1) An individual who receives from the Secretary a
notification under subsection (c) relating to a complaint may request
that the Secretary refer the complaint to the Attorney General of the
United States. If the Attorney General is reasonably satisfied that the
person on whose behalf the complaint is referred is entitled to the
rights or benefits sought, the Attorney General may appear on behalf
of, and act as attorney for, the person on whose behalf the complaint
is submitted and commence an action for appropriate relief for such
person in an appropriate United States district court.
``(2) An individual may commence an action for relief with respect
to a complaint if that individual--
``(A) has chosen not to file a complaint under subsection
(b);
``(B) has chosen not to request that the Secretary refer
the complaint to the Attorney General under paragraph (1); or
``(C) has been refused representation by the Attorney
General with respect to the complaint under such paragraph.
``(e)(1)(A) The district courts of the United States shall have
jurisdiction, upon the filing of a complaint, motion, petition, or
other appropriate pleading by or on behalf of the person claiming a
right or benefit pursuant to this section--
``(i) to require an entity to comply with the provisions of
section 4212 or 4215, as appropriate, of this title;
``(ii) to require the entity to compensate the individual
for any loss of wages or benefits suffered by reason of such
entity's failure to comply with the provisions of such section;
and
``(iii) to require the entity to pay the individual an
amount equal to the amount referred to in clause (ii) as
liquidated damages, if the court determines that the entity's
failure to comply with the provisions of such section was
willful.
``(B) Any compensation under clauses (ii) and (iii) of subparagraph
(A) shall be in addition to, and shall not diminish, any of the other
rights and benefits provided for in such sections.
``(2) In any action or proceeding to enforce a provision of section
4212 or 4215 of this title by an individual under subsection (d)(2) who
obtained private counsel for such action or proceeding, the court may
award any such individual who prevails in such action or proceeding
reasonable attorney fees, expert witness fees, and other litigation
expenses.
``(3) The court may use its full equity powers, including temporary
or permanent injunctions, temporary restraining orders, and contempt
orders, to vindicate fully the rights or benefits of individuals
pursuant to this section.
``(4) An action under this section may be initiated only by an
individual claiming rights or benefits under section 4212 or 4215 of
this title, not by any other entity with obligations under such
sections.
``(5) In any such action, only an entity with obligations under
section 4212 or 4215, as the case may be, shall be a necessary party
respondent.
``(6) No State statute of limitations shall apply to any proceeding
pursuant to this section.
``(7) The United States and a State shall be subject to the same
remedies, including prejudgment interest, as may be imposed upon any
private entity under this section.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 42 of such title, as amended by section 2, is further
amended by inserting after the item relating to section 4215 the
following new item:
``4216. Enforcement of veterans' employment rights and benefits.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to complaints filed on or after 60 days after the
date of the enactment of this Act.
SEC. 6. ADDITIONAL PERSONNEL.
The Secretary of Labor is authorized to allocate an additional 10
full-time equivalent positions from the Employment and Training
Administration to the Veterans' Employment and Training Service to
carry out chapters 41 and 42 of title 38, United States Code, as
amended by this Act. | Veterans' Training and Employment Bill of Rights Act of 1996 - Entitles the following covered persons to priority of services under any federally-funded workforce preparation, development, or delivery program or service, as long as such person otherwise meets participation eligibility requirements: (1) veterans who have a service-connected disability or who served on active duty in a campaign or expedition for which a campaign badge has been authorized; (2) the spouse of any person who died of a service-connected disability or who has a total permanent disability resulting from a service-connected disability; (3) the spouse of any member serving on active duty who is listed as missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned by a foreign government or power; and (4) the spouse of a veteran who died while a permanent service-connected disability was in existence. Requires State and local entities performing such programs or services to inform covered individuals of the availability of such services.
Directs the Secretary of Labor to report annually to the congressional veterans' committees concerning an evaluation of such priority program and its level of services.
(Sec. 3) Requires Federal contracts or grants of $100,000 or more for the procurement of personal property and non-personal services to contain a provision under which the party receiving the contract or grant agrees to take affirmative action to employ and advance qualified veterans who: (1) are disabled; (2) served on active duty in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a U.S. military operation for which an armed forces service medal was awarded. Directs the President to implement promulgating regulations which require the contractee or grantee to list employment openings with local employment agencies and to give priority to qualifying veterans.
(Sec. 4) Requires veterans qualifying under this Act to be given appropriate recruitment (currently, readjustment) appointments within the Federal Government.
(Sec. 5) Directs the Secretary to provide specified veterans' employment rights and benefits assistance to veterans qualifying under this Act. Provides for the filing, investigation, and determination of claims by qualifying individuals that an entity has failed to comply with the hiring requirements provided under this Act.
(Sec. 6) Authorizes the Secretary to allocate an additional ten full-time equivalent positions from the Employment and Training Administration of the Department of Labor to the Veterans' Employment and Training Service to carry out work training and employment services for qualifying individuals. | Veterans' Training and Employment Bill of Rights Act of 1996 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``EAC
Reauthorization Act of 2017''.
(b) Findings.--Congress finds the following:
(1) The elections for Federal office which were held in
November 2016 were plagued with a number of problems,
including--
(A) foreign interference, as confirmed by the
United States intelligence community;
(B) a worsening voting machine infrastructure that
will continue to deteriorate without congressional
action; and
(C) a lack of resources at the State and local
level that will make election administration more
challenging.
(2) The Election Assistance Commission is the only Federal
agency charged with making elections more fair, accurate,
accessible, and efficient by providing best practices,
information, and voting machine certifications to States.
(3) The Election Assistance Commission should be equipped
with the tools necessary to undertake its nonpartisan mission
of helping State and local election officials administer their
elections and ensuring the accuracy, integrity, and security of
our elections.
SEC. 2. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930)
is amended by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for each of the fiscal years 2017 through
2022''.
SEC. 3. ASSISTANCE TO STATES FOR SECURITY UPGRADES TO VOTER
REGISTRATION LISTS AND PROCESSES.
(a) Authorization of Funding.--Section 257(a) of the Help America
Vote Act of 2002 (52 U.S.C. 21007(a)) is amended by adding at the end
the following new paragraph:
``(5) For fiscal year 2018, such sums as may be necessary
for such payments, except that a State may use a requirement
payment made with funds authorized under this paragraph solely
to upgrade the security of the State's voter registration lists
and voter registration processes and to carry out other
activities necessary to meet the requirements of section
303(a)(3) (relating to the technological security of the
State's computerized voter registration list).''.
(b) Waiver of 5-Percent Match Requirement.--Section 253(b)(5) of
such Act (52 U.S.C. 21003(b)(5)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)''; and
(2) by adding at the end the following new subparagraph:
``(C) Subparagraph (A) shall not apply for purposes of
determining the eligibility of a State to receive a
requirements payment appropriated pursuant to the authorization
provided under section 257(a)(5) of this title for fiscal year
2018.''.
SEC. 4. ASSESSMENT OF ADEQUACY OF VOTING SYSTEMS AND MACHINES.
(a) Assessment.--In consultation with the election officials of
each State, the Election Assistance Commission shall carry out an
assessment of whether the voting systems, including the voting
machines, available for use in the elections for Federal office to be
held in 2018 are adequate to meet the demands of such elections.
(b) Plan for Replacement of Outdated and Inadequate Machines.--Not
later than December 31, 2017, the Commission shall submit to Congress
and the States a report on the assessment carried out under subsection
(a), and shall include in the report a plan for replacing voting
machines which the Commission determines, on the basis of such
assessment, are outdated or otherwise not capable of meeting the
demands of the elections for Federal office to be held in 2018.
(c) Definition.--In this section, the term ``State'' has the
meaning given such term in section 901 of the Help America Vote Act of
2002 (52 U.S.C. 21141).
SEC. 5. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION
SURVEYS.
(a) Requirement.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the
following new section:
``SEC. 303A. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS.
``(a) Requirement.--Each State shall furnish to the Commission such
information as the Commission may request for purposes of conducting
any post-election survey of the States with respect to the
administration of a regularly scheduled general election for Federal
office.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2018 and any succeeding election.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 303A''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Requiring participation in post-general election
surveys.''.
SEC. 6. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ON
USE OF FUNDS TRANSFERRED FROM ELECTION ASSISTANCE
COMMISSION.
(a) Requiring Reports on Use Funds as Condition of Receipt.--
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is
amended by adding at the end the following new subsection:
``(e) Report on Use of Funds Transferred From Commission.--To the
extent that funds are transferred from the Commission to the Director
of the National Institute of Standards and Technology for purposes of
carrying out this section during any fiscal year, the Director may not
use such funds unless the Director certifies at the time of transfer
that the Director will submit a report to the Commission not later than
90 days after the end of the fiscal year detailing how the Director
used such funds during the year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2018 and each succeeding fiscal year.
SEC. 7. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE
COMMISSION.
(a) Assessment of Information Technology and Cybersecurity.--Not
later than December 31, 2017, the Election Assistance Commission shall
carry out an assessment of the security and effectiveness of the
Commission's information technology systems, including the
cybersecurity of such systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance
Commission shall carry out a review of the effectiveness and
efficiency of the State-based administrative complaint
procedures established and maintained under section 402 of the
Help America Vote Act of 2002 (52 U.S.C. 21112) for the
investigation and resolution of allegations of violations of
title III of such Act.
(2) Recommendations to streamline procedures.--Not later
than December 31, 2017, the Commission shall submit to Congress
a report on the review carried out under paragraph (1), and
shall include in the report such recommendations as the
Commission considers appropriate to streamline and improve the
procedures which are the subject of the review. | EAC Reauthorization Act of 2017 This bill amends the Help America Vote Act of 2002 to: (1) reauthorize the Election Assistance Commission through FY2022, (2) authorize funding to states for FY2018 for security upgrades to voter registration lists and processes and waive the 5% match requirement for these funds, (3) require each state to furnish to the commission such information as the commission may request for the purposes of conducting any post-election surveys of the states with respect to the administration of a regularly scheduled general election, and (4) require the National Institute of Standards and Technology to report on its use of funds transferred from the commission. The commission shall carry out an assessment: (1) of whether the voting systems available for use in the elections for federal office to be held in 2018 are adequate to meet the demands of such elections, and (2) of the security and effectiveness of the commission's information technology systems. The commission shall carry out a review of the effectiveness and efficiency of the state-based administrative complaint procedures established and maintained under such Act for the investigation and resolution of allegations of violations. | EAC Reauthorization Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for Rape
Emergencies Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest. An estimated
22,000 of these pregnancies could be prevented if rape or
incest survivors had timely access to emergency contraception.
(2) A 1996 study of pregnancies resulting from rape or
incest (published in the American Journal of Obstetrics and
Gynecology) found that 50 percent of the pregnancies described
in paragraph (1) ended in abortion.
(3) Surveys have shown that many hospitals do not routinely
provide emergency contraception to women seeking treatment
after being sexually assaulted.
(4) The risk of pregnancy after sexual assault has been
estimated to be 4.7 percent in survivors who were not protected
by some form of contraception at the time of the attack.
(5) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy, reducing the risk by as much as 89 percent if taken
within days of unprotected intercourse and up to 95 percent if
taken in the first 24 hours after unprotected intercourse.
(6) Medical research strongly indicates that the sooner
emergency contraception is administered, the greater the
likelihood of preventing unintended pregnancy.
(7) In light of the safety and effectiveness of emergency
contraceptive pills, both the American Medical Association and
the American College of Obstetricians and Gynecologists have
endorsed more widespread availability of such pills.
(8) The American College of Emergency Physicians and the
American College of Obstetricians and Gynecologists agree that
offering emergency contraception to female patients after a
sexual assault should be considered part of the standard of
care.
(9) Approximately 30 percent of United States women of
reproductive age are unaware of the availability of emergency
contraception.
(10) New data from a survey of women having abortions
estimates that 51,000 abortions were prevented by use of
emergency contraception in 2000 and that increased use of
emergency contraception accounted for 43 percent of the
decrease in total abortions between 1994 and 2000.
(11) It is essential that all hospitals that provide
emergency medical treatment provide emergency contraception as
a treatment option to any woman who has been sexually
assaulted, so that she may prevent an unintended pregnancy.
(12) Victims of sexual assault are at increased risk of
contracting sexually transmitted diseases.
(13) Some sexually transmitted infections cannot be
reliably cured if treatment is delayed, and may result in high
morbidity and mortality. HIV has killed over 520,000
individuals in the United States, and the Centers for Disease
Control and Prevention currently estimates that over 1,000,000
individuals in the United States are infected with the virus.
Even modern drug treatment has failed to cure infected
individuals. Nearly 80,000 individuals in the United States are
infected with hepatitis B each year, with some individuals
unable to fully recover. An estimated 1,250,000 individuals in
the United States remain chronically infected with the
hepatitis B virus and at present, 1 in 5 of those infected
individuals may expect to die of liver failure.
(14) It is possible to prevent some sexually transmitted
diseases by treating an exposed individual promptly. The use of
post-exposure prophylaxis using antiretroviral drugs has been
demonstrated to effectively prevent the establishment of HIV
infection. Hepatitis B infection may also be eliminated if an
exposed individual receives prompt treatment.
(15) The Centers for Disease Control and Prevention has
recommended risk evaluation and appropriate application of
post-exposure treatment for victims of sexual assault. For such
individuals, immediate treatment is the only means to prevent a
life-threatening infection.
(16) It is essential that all hospitals that provide
emergency medical treatment provide assessment and treatment of
sexually transmitted infections to minimize the harm to victims
of sexual assault.
SEC. 3. DEFINITIONS.
In this Act:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug, drug regimen, or device that is--
(A) approved by the Food and Drug Administration to
prevent pregnancy; and
(B) is used postcoitally.
(2) Hospital.--The term ``hospital'' has the meaning given
such term in title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.), including the meaning applicable in such title
for purposes of making payments for emergency services to
hospitals that do not have agreements in effect under such
title. Such term includes a health care facility that is
located within, or that enters into a contract with, a
correctional institution or a post-secondary educational
institution.
(3) Licensed medical professional.--The term ``licensed
medical professional'' means a doctor of medicine, doctor of
osteopathy, registered nurse, physician assistant, or any other
health care professional determined to be appropriate by the
Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Sexual assault.--
(A) In general.--The term ``sexual assault'' means
a sexual act (as defined in subparagraphs (A) through
(C) of section 2246(2) of title 18, United States Code)
where the victim involved does not consent or lacks the
capacity to consent.
(B) Application of provisions.--The definition in
subparagraph (A) shall--
(i) in the case of section 2, apply to
males and females, as appropriate;
(ii) in the case of section 4, apply only
to females; and
(iii) in the case of section 5, apply to
all individuals.
SEC. 4. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under any health-related program, unless the hospital meets the
conditions specified in subsection (b) in the case of--
(1) any woman who arrives at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who arrives at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) Information.--The hospital promptly provides the woman
with medically and factually accurate and unbiased written and
oral information about emergency contraception, including
information explaining that--
(A) emergency contraception has been approved by
the Food and Drug Administration as a safe and
effective way to prevent pregnancy after unprotected
intercourse or contraceptive failure if taken in a
timely manner, and is more effective the sooner it is
taken; and
(B) emergency contraception does not cause an
abortion and cannot interrupt an established pregnancy.
(2) Emergency contraception.--The hospital promptly offers
emergency contraception to the woman, and promptly provides
such contraception to her at the hospital on her request.
(3) Conditions for information.--The information provided
pursuant to paragraph (1) is in clear and concise language, is
readily comprehensible, and meets such conditions regarding the
provision of the information in languages other than English as
the Secretary may establish.
(4) Provision despite inability to pay.--The services
described in paragraphs (1) through (3) are not denied because
of the inability of the woman to pay for the services.
SEC. 5. PREVENTION OF [SEXUALLY TRANSMITTED] DISEASE.
(a) In General.--Federal funds may not be provided to a hospital
under any health-related program, unless the hospital provides risk
assessment, counseling, and treatment as required under this section to
a survivor of sexual assault described in subsection (b).
(b) Survivors of Sexual Assault.--An individual is a survivor of a
sexual assault described in this subsection if the individual--
(1) arrives at the hospital and states that the individual
is a victim of sexual assault, or is accompanied to the
hospital by another individual who declares that the first
individual is a victim of sexual assault; or
(2) arrives at the hospital and hospital personnel have
reason to believe the individual is a victim of sexual assault.
(c) Requirement for Risk Assessment, Counseling, and Treatment.--
The following shall apply with respect to a hospital described in
subsection (a):
(1) Risk assessment.--A hospital shall promptly provide a
survivor of a sexual assault with an assessment of the
individual's risk of contracting sexually transmitted
infections described in paragraph (2)(A), which assessment
shall be conducted by a licensed medical professional and be
based upon--
(A) available information regarding the assault as
well as the subsequent findings from medical
examination and any tests that may be conducted; and
(B) established standards of risk assessment which
shall include consideration of any recommendations
established by the Centers for Disease Control and
Prevention, and may also incorporate consideration of
findings of peer-reviewed clinical studies and
appropriate research utilizing in vitro and non-human
primate models of infection.
(2) Counseling.--A hospital shall provide a survivor of a
sexual assault with advice, provided by a licensed medical
professional, concerning--
(A) significantly prevalent sexually transmitted
infections for which effective post-exposure
prophylaxis exists, and for which the deferral of
treatment would either significantly reduce treatment
efficacy or pose substantial risk to the individual's
health; and
(B) the requirement that prophylactic treatment for
infections described in subparagraph (A) shall be
provided to the individual upon request, regardless of
the ability of the individual to pay for such
treatment.
(3) Treatment.--A hospital shall provide a survivor of a
sexual assault, upon request, with prophylactic treatment for
infections described in paragraph (2)(A).
(4) Ability to pay.--The services described in paragraphs
(1) through (3) shall not be denied because of the inability of
the individual involved to pay for the services.
(5) Language.--Any information provided pursuant to this
subsection shall be clear and concise, readily comprehensible,
and meet such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(d) Rule of Construction.--Nothing in this section shall be
construed to--
(1) require that a hospital provide prophylactic treatment
for a victim of sexual assault when risk assessment (according
to recommendations established by the Centers for Disease
Control and Prevention) clearly recommends against the
application of post-exposure prophylaxis;
(2) prohibit a hospital from seeking reimbursement for the
cost of services provided under this section to the extent that
health insurance may provide reimbursement for such services;
and
(3) establish a requirement that any victim of sexual
assault submit to diagnostic testing for the presence of any
infectious disease.
SEC. 6. AGENCY CRITERIA.
Not later than 30 days prior to the expiration of the period
described in section 7, the Secretary shall publish in the Federal
Register criteria for meeting the conditions described in sections 4
and 5.
SEC. 7. EFFECTIVE DATE.
This Act takes effect on the expiration of the 180-day period
beginning on the date of the enactment of this Act. | Compassionate Assistance for Rape Emergencies Act - Prohibits any federal funds from being provided to a hospital unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; and (4) does not deny any such services because of the inability of the woman to pay.
Prohibits any federal funds from being provided to a hospital unless the hospital provides to survivors of sexual assault, regardless of ability to pay: (1) an assessment of the individual's risk of contracting sexually transmitted infections; (2) advice concerning significantly prevalent infections for which effective post-exposure prophylaxis exists and for which the deferral of treatment either would significantly reduce treatment efficacy or would pose substantial risk to the individual's health; and (3) such prophylactic treatment for infections, upon request. | A bill to provide for the provision by hospitals of emergency contraceptives to women, and post-exposure prophylaxis for sexually transmitted disease to individuals, who are survivors of sexual assault. |
SECTION 1. MOTORBOATS IN BOUNDARY WATERS CANOE AREA WILDERNESS.
(a) Basswood, Saganaga, and Birch Lakes.--Section 4(c) of Public
Law 95-495 (92 Stat. 1650) is amended--
(1) in paragraph (1)--
(A) by striking ``Basswood, except'' and all that
follows through ``Washington Island;'' and inserting
``Basswood, Lake County;'';
(B) by striking ``, except for that portion west of
American Point''; and
(C) by inserting ``Birch, Lake County;'' after
``Moose, Lake County;''; and
(2) by striking paragraph (4).
(b) Lac La Croix.--Section 4(d) of Public Law 95-495 (92 Stat.
1651) is amended by striking ``that portion of the Lac La Croix, Saint
Louis County, south of Snow Bay and east of Wilkins Bay'' and inserting
``and Lac la Croix, Saint Louis County''.
(c) Seagull Lake.--Section 4(c) of Public Law 95-495 (92 Stat.
1650) is amended--
(1) in paragraph (2), by striking ``, that portion
generally east of Threemile Island, Cook County''; and
(2) in paragraph (3), by striking ``Sea Gull, Cook County,
that portion generally west of Threemile Island, until January
1, 1999;''.
SEC. 2. GUESTS.
The second proviso of section 4(f) of Public Law 95-495 (92 Stat.
1651) is amended--
(1) by striking ``homeowners and their guests and resort
owners and their guests'' and inserting in lieu thereof
``homeowners and resort owners and the day and overnight guests
of homeowners and resort owners who buy or rent goods and
services''; and
(2) by inserting ``or chain of lakes'' after ``shall have
access to that particular lake''.
SEC. 3. MOTORIZED PORTAGES.
Section 4(g) of Public Law 95-495 (92 Stat. 1651) is amended to
read as follows:
``(g) Nothing in this Act shall be construed to prevent the
operation of motorized vehicles and associated equipment which is
necessary to assist in the transport of boats across the portages from
Moose Lake Chain to Basswood Lake, from Fall Lake to Basswood Lake, and
from Lake Vermilion to Trout Lake.''.
SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL
COUNCIL.
Public Law 95-495 (92 Stat. 1650) is amended by adding at the end
the following new section:
``SEC. 22. BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL
COUNCIL.
``(a) Establishment.--
``(1) Membership.--There is hereby established the Boundary
Waters Canoe Area Wilderness Intergovernmental Council
(hereafter in this section referred to as the ``Council''). The
Council shall be composed of 11 members, as follows:
``(A) The Under Secretary for Natural Resources and
Environment, Department of Agriculture, ex officio, or
his designee.
``(B) Three individuals, appointed by the Secretary
after consideration of recommendations by the Governor,
to represent the Minnesota Department of Natural
Resources, the Minnesota Environmental Quality Board,
and the Minnesota Office of Tourism.
``(C) One individual appointed by the Secretary to
represent the Minnesota Historical Society.
``(D) The Chair of the St. Louis County
Commissioners, or the designee of the Chair, ex
officio.
``(E) The Chair of the Lake County Commissioners,
or the designee of the Chair, ex officio.
``(F) The Chair of Cook County Commissioners, or
the designee of the Chair, ex officio.
``(G) The State Senator, who represents the area in
which the wilderness is located, or the designee of the
State Senator, ex officio.
``(H) The State Representative, who represents the
area in which the wilderness is located, or the
designee of the State Representative, ex officio.
``(I) One member of the Native American community
to represent the 1854 Treaty Authority.
``(2) Terms.--The term of the members appointed to the
Council under paragraph (1), other than ex officio members,
shall be two years. Any member of the Council appointed for a
definite term may serve after the expiration of his term until
his successor is appointed.
``(3) Compensation.--Members of the Council who are not
employed by the Federal Government shall serve without pay.
While away from their homes or regular places of business in
the performance of services of the Council, members of the
Council shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in Federal Government service are allowed
expenses under section 5703 of title 5, United States Code.
``(b) Provisions Relating to the Conduct of Council Business.--
``(1) Quorum.--Eight members of the Council shall
constitute a quorum.
``(2) Chairperson.--The members of the Council shall elect
a chairperson of the Council from among the members of the
Council.
``(3) Vacancy.--Any vacancy in the Council shall be filled
in the same manner in which the original appointment was made.
``(4) Meetings.--The Council shall meet at the call of the
chairperson or a majority of the members.
``(5) Staff.--The Secretary shall provide the Council with
such staff and technical assistance as the Secretary, after
consultation with the Council, considers appropriate to enable
the Council to carry out its duties. Upon request of the
Secretary, any Federal agency may provide information,
personnel, property, and services, on a reimbursable basis, to
the Council to assist in carrying out its duties under this
section. The Secretary may accept the services of personnel
detailed from the State of Minnesota or any political
subdivision of the State and may reimburse the State or such
political subdivision for such services.
``(6) Procedural matters.--
``(A) FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Council.
``(B) Guidelines for conduct of business.--The
following guidelines apply with respect to the conduct
of business at meetings of the Council:
``(i) Each regular meeting and each
emergency meeting shall be open to the public.
``(ii) Emergency meetings shall be held at
the call of the chair or equivalent presiding
officer.
``(iii) Timely public notice of each
regular meeting and each emergency meeting,
including the time, place, and agenda of the
meeting, shall be published in local newspapers
and such notice may be given by such other
means as will result in wide publicity.
``(iv) Interested persons shall be
permitted to present oral or written statements
regarding the matters on the agenda at
meetings.
``(v) Minutes of each meeting shall be kept
and shall contain a record of the persons
present, an accurate description of matters
discussed and conclusions reached, and copies
of all statements filed.
``(vi) The administrative record, including
minutes required under clause (v), of each
meeting, and records or other documents which
were made available to or prepared for or by
the Council incident to the meeting, shall be
available for public inspection and copying at
a single location in the offices of the
Council.
``(C) New information.--At any time when the
Council determines it appropriate to consider new
information from a State or Federal agency or from a
Council advisory body, the Council shall give
comparable consideration to new information offered at
that time by interested members of the public.
Interested parties shall have a reasonable opportunity
to respond to new data or information before the
Council takes final action on management measures.
``(c) Functions.--The Council shall, in accordance with the
provisions of this Act--
``(1) prepare and submit to the Secretary draft amendments
to the management plan and, from time to time, such additional
amendments to the plan as are necessary, which provides for as
broad a range of sustainable land and water uses and scenic and
recreational activities as are compatible with the laws and
regulations governing the wilderness and other local, State, or
Federal public lands, as may be decided upon in the plan;
``(2) after considering public comment and comment from the
Secretary, prepare and submit to the Secretary revisions of the
management plan when appropriate for the purposes of making
regularly scheduled management plan revisions under section 6
of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604);
``(3) consult with and provide comments to the Secretary
regarding the environmental impact of major Federal actions
significantly affecting the quality of the human environment
which are proposed by the Secretary;
``(4) analyze the economic and environmental costs and
benefits of implementing sustainable practices for the
wilderness;
``(5) conduct public hearings, at appropriate times and in
appropriate locations, so as to allow all interested persons an
opportunity to be heard in the development of the amendments to
and revisions of the management plan, in the development of
major Federal actions referred to in paragraph (3), and with
respect to the administration and implementation of the
provisions of this Act;
``(6) establish an ongoing process of review and evaluation
of local, State, and Federal actions, plans, ordinances,
regulations, laws, and land use decisions for the purpose of
assessing their effect on the long-term sustainability of the
economic and environmental values and resources of the region;
``(7) submit to the Secretary such periodic reports as the
Council deems appropriate, and any other relevant report which
may be requested by the Secretary; and
``(8) conduct other activities which are required by, or
provided for in, this Act or which are necessary and
appropriate to the functions specified in paragraphs (1)
through (7).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 5. MANAGEMENT PLAN.
Public Law 95-495 (92 Stat. 1650), as amended by section 4 of this
Act, is further amended by adding at the end the following new section:
``SEC. 23. MANAGEMENT PLAN.
``(a) In General.--The provisions of this section shall apply when
the Secretary is amending and revising management plans for the
wilderness or considering decisions that require public involvement and
notification under the National Environmental Policy Act of 1969.
``(b) Management Plan.--
``(1) Received from council.--The Secretary shall receive
the draft amendments to the revisions of the management plan
prepared and submitted by the Boundary Waters Canoe Area
Wilderness Intergovernmental Council under section 22(c),
together with public comments on the draft amendments or
revisions, and shall review and, if necessary, submit to the
Council such recommendations as the Secretary determines
appropriate for revising the draft amendments or revisions.
``(2) Revisions.--The Secretary shall accept a revised
drafts prepared and submitted by the Council by reason of
paragraph (1).
``(3) Final plan.--
``(A) In general.--If the Secretary determines that
the amendments to or revisions of the management plan
are not inconsistent with other provisions of this Act
or applicable laws, treaties, executive orders, and
that the amended or revised management plan is in the
public interest, the Secretary shall adopt the amended
or revised management plan.
``(B) Management plan board.--
``(i) If the Secretary decides not to adopt
the revised amendments to the management plan,
the amendments to the management plan shall be
made by the Secretary in accordance with clause
(iii) pursuant to recommendations made by a
management plan board appointed under clause
(ii).
``(ii) The management plan board shall
consist of three members, appointed as follows:
``(I) One member appointed by the
Secretary,
``(II) One member appointed by the
Secretary from a list of 5 or more
individuals submitted by the Boundary
Waters Canoe Area Wilderness
Intergovernmental Council, by majority
vote. The Secretary may request
additional lists.
``(III) One member appointed by the
Secretary from a list of 5 or more
individuals submitted by the two
members appointed under subclauses (I)
and (II). The Secretary may request
additional lists.
Members of a management plan board who are not
employed by the Federal Government shall serve
without pay. While away from their homes or
regular places of business in the performance
of services of the board, members of the board
shall be allowed travel expenses, including per
diem in lieu of subsistence, in the same manner
as persons employed intermittently in Federal
Government service are allowed expenses under
section 5703 of title 5, United States Code.
The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to a management plan
board.
``(iii) The management plan board shall
review the revised amendments to the management
plan submitted by the Council to the Secretary
under section 22(c), and such comments on the
revised amendments and recommendations for such
amendments as the Secretary submits to the
board. Following such review, the board shall
submit to the Secretary such amendments as the
board finds to be appropriate under the
provisions of this Act. The Secretary shall
revise the management plan in a manner based on
the amendments submitted by the board.
``(4) Not accepted.--If the Secretary determines not to
adopt the amendments to or revisions of the management plan
under subparagraph (A), the Secretary shall notify the Council
in writing within 95 days of the determination and shall make
recommendations for further action by the Council. No amendment
to the management plan shall be implemented by the Secretary
until the Secretary complies with paragraphs (1), (2), and (3).
``(5) Failure of council to act.--If the Council declines
to submit to the Secretary a revised management plan, or
amendments to a revised plan, the Secretary may make such
revisions as the Secretary considers necessary or appropriate
and implement the plan.
``(c) Major Federal Actions.--The Secretary shall seek the comment
of the Council when considering major Federal actions that require
public involvement and notification under the National Environmental
Policy Act of 1969.
``(d) Status Quo.--The management plan of the wilderness may not be
changed except in accordance with this section.''. | Modifies certain restrictions on the use of motorboats on, and motorized portages between, specified lakes within the Boundary Waters Canoe Area Wilderness in Minnesota.
Permits the operation of motorized vehicles and associated equipment which is necessary to assist in the transport of boats across the portages from Moose Lake Chain (currently, Sucker Lake) to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake.
Establishes the Boundary Waters Canoe Area Wilderness Intergovernmental Council to: (1) prepare and submit to the Secretary of Agriculture draft amendments and regularly scheduled revisions to the Wilderness management plan; (2) provide comments on the environmental impact of major Federal actions; and (3) analyze the economic and environmental costs and benefits of implementing sustainable practices for the Wilderness. Authorizes appropriations.
Directs the Secretary: (1) to receive the Council's draft amendments, recommend revisions, and adopt the revised amendments that are consistent with the public interest and applicable laws; (2) if the Secretary decides not to adopt the Council's revised amendments, to appoint, and revise the management plan based on amendments submitted by, a management plan board; or (3) if the Council declines to submit revised amendments, to make necessary and appropriate amendments and implement the plan. Directs the Secretary to seek the Council's comments when considering major Federal actions that require public involvement and notification under the National Environmental Policy Act of 1969. | To provide for improved access to and use of the Boundary Waters Canoe Area Wilderness, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corps of Engineers Reform Act of
2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corps.--The term ``Corps'' means the Corps of
Engineers.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
SEC. 3. INLAND WATERWAY REFORM.
(a) Construction.--Section 102(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the first sentence, by striking ``One-half of the
costs of construction'' and inserting ``Forty-five percent of
the costs of construction''; and
(2) by striking the second sentence and inserting ``Fifty-
five percent of those costs shall be paid only from amounts
appropriated from the Inland Waterways Trust Fund.''.
(b) Operation and Maintenance.--Section 102 of the Water Resources
Development Act of 1986 (33 U.S.C. 2212) is amended by striking
subsections (b) and (c) and inserting the following:
``(b) Operation and Maintenance.--
``(1) Federal share.--The Federal share of the cost of
operation and maintenance shall be 100 percent in the case of--
``(A) a project described in paragraph (1) or (2)
of subsection (a); or
``(B) the portion of the project authorized by
section 844 that is allocated to inland navigation.
``(2) Source of federal share.--
``(A) General fund.--In the case of a project
described in paragraph (1) or (2) of subsection (a)
with respect to which the cost of operation and
maintenance is less than or equal to 1 cent per ton
mile, or in the case of the portion of the project
authorized by section 844 that is allocated to inland
navigation, the Federal share under paragraph (1) shall
be paid only from amounts appropriated from the general
fund of the Treasury.
``(B) General fund and inland waterways trust
fund.--In the case of a project described in paragraph
(1) or (2) of subsection (a) with respect to which the
cost of operation and maintenance is greater than 1 but
less than or equal to 10 cents per ton mile--
``(i) 45 percent of the Federal share under
paragraph (1) shall be paid only from amounts
appropriated from the general fund of the
Treasury; and
``(ii) 55 percent of the Federal share
under paragraph (1) shall be paid only from
amounts appropriated from the Inland Waterways
Trust Fund.
``(C) Inland waterways trust fund.--In the case of
a project described in paragraph (1) or (2) of
subsection (a) with respect to which the cost of
operation and maintenance is greater than 10 cents per
ton mile, 100 percent of the Federal share under
paragraph (1) shall be paid only from amounts
appropriated from the Inland Waterways Trust Fund.''.
SEC. 4. INDEPENDENT REVIEW.
(a) Definitions.--In this section:
(1) Affected state.--The term ``affected State'', with
respect to a water resources project, means a State or portion
of a State that--
(A) is located, at least partially, within the
drainage basin in which the project is carried out; and
(B) would be economically or environmentally
affected as a result of the project.
(2) Director.--The term ``Director'' means the Director of
Independent Review appointed under subsection (c)(1).
(b) Projects Subject to Independent Review.--
(1) In general.--The Secretary shall ensure that each draft
feasibility report, draft general reevaluation report, and
draft environmental impact statement for each water resources
project described in paragraph (2) is subject to review by an
independent panel of experts established under this section.
(2) Projects subject to review.--A water resources project
shall be subject to review under paragraph (1) if--
(A) the project has an estimated total cost of more
than $30,000,000, including mitigation costs;
(B) the Governor of an affected State, or the
Director of a Federal agency with jurisdiction over
resources affected by the proposed project requests the
establishment of a panel of independent experts to
review the project; and
(C) the Secretary determines under paragraph (3)
that the proposed project is controversial.
(3) Written requests.--Not later than 30 days after the
date on which the Secretary receives a written request of an
interested party, or on the initiative of the Secretary, the
Director shall determine whether a water resources project is
controversial.
(c) Director of Independent Review.--
(1) Appointment.--The Secretary of the Army shall appoint
in the Office of the Inspector General of the Department of the
Army a Director of Independent Review.
(2) Qualifications.--The Secretary of the Army shall select
the Director from among individuals who are distinguished
experts in biology, hydrology, engineering, economics, or
another discipline relating to water resources management.
(3) Limitation on appointments.--The Army Inspector General
shall not appoint an individual to serve as the Director if the
individual has a financial interest in or close professional
association with any entity with a strong financial interest in
a water resources project that, on the date of appointment of
the Director, is--
(A) under construction;
(B) in the preconstruction engineering and design
phase; or
(C) under feasibility or reconnaissance study by
the Corps.
(4) Terms.--
(A) In general.--The term of a Director appointed
under this subsection shall be 6 years.
(B) Term limit.--An individual may serve as the
Director for not more than 2 nonconsecutive terms.
(5) Duties.--The Director shall establish a panel of
experts to review each water resources project that is subject
to review under subsection (b).
(d) Establishment of Panels.--
(1) In general.--After the date on which the Secretary
issues a draft feasibility report, draft general reevaluation
report, or draft environmental impact statement relating to a
water resources project that is subject to review under
subsection (b)(2), the Director shall establish a panel of
experts to review the project.
(2) Membership.--A panel of experts established by the
Director for a water resources project shall be composed of not
less than 5 nor more than 9 independent experts (including 1 or
more biologists, engineers, and economists) who represent a
range of areas of expertise.
(3) Limitation on appointments.--The Director shall not
appoint an individual to serve on a panel of experts for a
project if the individual has a financial interest in or close
professional association with any entity with a strong
financial interest in the project.
(4) Consultation.--The Director may consult with the
Academy in developing lists of individuals to serve on panels
of experts under this section.
(5) Compensation.--An individual serving on a panel of
experts under this section shall be compensated at a rate of
pay to be determined by the Inspector General.
(6) Travel expenses.--A member of a panel of experts under
this section 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 panel.
(e) Duties of Panels.--A panel of experts established for a water
resources project under this section shall--
(1) review each draft feasibility report, draft general
reevaluation report, and draft environmental impact statement
prepared for the project to identify--
(A) technical errors;
(B) outdated and inaccurate data; and
(C) flawed economic and environmental methodologies
and models;
(2) receive from the public written and oral comments
concerning the project; and
(3) not later than the deadline established under
subsection (f), submit to the Secretary a report concerning the
economic, engineering, and environmental analysis of the
project, including the conclusions and recommendations of the
panel.
(f) Duration of Project Reviews.--Not later than 180 days after the
date of establishment of a panel of experts for a water resources
project under this section, the panel shall complete each required
review of the project and all other duties of the panel relating to the
project.
(g) Final Issuance of Reports and Statements.--Before issuing a
final feasibility report, final general reevaluation report, or final
environmental impact statement for a water resources project, the
Secretary shall--
(1) take into consideration any recommendations contained
in the report described in subsection (e)(3) for the water
resources project; and
(2) prepare and include in the final feasibility report,
final general reevaluation report, or final environmental
impact statement--
(A) the report of the panel; and
(B) for any recommendations of the panel not
adopted by the Secretary, a written explanation of the
reasons why the recommendations were not adopted.
(h) Costs.--The cost of conducting a review of a water resources
project under this section--
(1) shall not exceed $250,000;
(2) shall be considered to be part of the total cost of the
project; and
(3) shall be a Federal expense.
(i) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to a panel of
experts established under this section.
SEC. 5. MITIGATION.
(a) Concurrent Mitigation.--Section 906(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(a)) is amended--
(1) by striking ``(a)(1) In the case'' and inserting the
following:
``(a) Mitigation.--
``(1) In general.--In the case'';
(2) in paragraph (1), by indenting subparagraphs (A) and
(B) appropriately;
(3) in paragraph (2), by striking ``(2) For the purposes''
and inserting the following:
``(3) Commencement of construction.--For the purposes'';
and
(4) by inserting after paragraph (1) the following:
``(2) Implementation of mitigation.--
``(A) In general.--To ensure concurrent mitigation,
the Secretary shall implement required mitigation under
paragraph (1) as expeditiously as practicable, but not
later than--
``(i) the last day of construction of the
project or separable element of the project; or
``(ii) in a case in which completion of
mitigation by the date described in clause (i)
is physically impracticable because 1 or more sites for the remaining
mitigation are or will be disturbed by project construction (as
determined by the Secretary), not later than the end of the next fiscal
year immediately following the last day of construction.
``(B) Availability of funds.--Funds made available
for preliminary engineering and design, construction,
or operations and maintenance may be used to carry out
this subsection.''.
(b) Full Mitigation.--Section 906(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(d)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Plans and proposals.--
``(A) In general.--After November 17, 1986, the
Secretary shall not submit any proposal for the
authorization of any water resources project to
Congress, and shall not choose a project alternative in
any final record of decision, environmental impact
statement, or environmental assessment, unless the
proposal contains--
``(i) a specific plan to fully mitigate
fish and wildlife losses created by the
project; or
``(ii) a determination by the Secretary
that the project will have negligible adverse
impact on fish and wildlife.
``(B) Forests.--A specific mitigation plan
described in subparagraph (A)(i) shall ensure, to the
maximum extent practicable, that impacts to bottomland
hardwood forests are mitigated in kind.
``(C) Consultation.--In carrying out this
subsection, the Secretary shall consult with
appropriate Federal and non-Federal agencies.''; and
(2) by adding at the end the following:
``(3) Standards for mitigation.--
``(A) In general.--The Secretary shall not
recommend a water resources project alternative or
select a project alternative in any final record of
decision, environmental impact statement, or
environmental assessment completed after the date of
enactment of this paragraph unless the Secretary
determines that the mitigation plan has a high
probability of successfully mitigating the adverse
impacts of the project on aquatic and other resources,
hydrologic functions, and fish and wildlife.
``(B) Requirements.--A mitigation plan described in
subparagraph (A) shall--
``(i) provide for the acquisition and
restoration of at least 1 acre of superior or
equivalent habitat of the same type to replace
each acre of habitat negatively affected by the
project;
``(ii) ensure that mitigation will result
in replacement of all functions of the habitat
negatively affected by the project, including--
``(I) spatial distribution; and
``(II) natural hydrologic and
ecological characteristics;
``(iii) contain sufficient detail regarding
the mitigation sites and restoration activities
selected to permit a thorough evaluation of--
``(I) the likelihood of the
ecological success of the plan; and
``(II) resulting aquatic and other
resource functions and habitat values;
``(iv) include a detailed and specific plan
to monitor mitigation implementation and
success; and
``(v) include specific ecological success
criteria by which the success of the mitigation
will be evaluated.''.
(c) Mitigation Tracking System.--Section 906 of the Water Resources
Development Act of 1986 (33 U.S.C. 2283) is amended by adding at the
end the following:
``(h) Mitigation Tracking System.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall establish
a recordkeeping system to track for each water resources
project constructed, operated, or maintained by the Secretary,
and for each permit issued under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344)--
``(A) the quantity and type of wetland and other
types of habitat affected by the project or permitted
activity;
``(B) the quantity and type of mitigation required
for the project or permitted activity;
``(C) the quantity and type of mitigation that has
been completed for the project or permitted activity;
and
``(D) the status of monitoring for the mitigation
carried out for the project or permitted activity.
``(2) Required information and organization.--The
recordkeeping system shall--
``(A) include information on impacts and mitigation
described in subsection (a) that occur after December
31, 1969; and
``(B) be organized by watershed, project, permit
application, and zip code.
``(3) Availability of information.--The Secretary shall
make information contained in the recordkeeping system
available to the public (including through the Internet).''.
SEC. 6. MODERN ECONOMIC AND ENVIRONMENTAL STANDARDS.
Section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) is
amended to read as follows:
``SEC. 209. CONGRESSIONAL STATEMENT OF OBJECTIVES.
``(a) In General.--It is the intent of Congress that economic
development and environmental protection and restoration be coequal
goals of water resources planning and development.
``(b) Revision of Principles and Guidelines.--Not later than 1 year
after the date of enactment of the Army Corps Reform Act of 2002, the
Secretary of the Army, in consultation with the National Academy of
Sciences, shall revise the principles and guidelines of the Corps of
Engineers for water resources projects (consisting of Engineer
Regulation 1105-2-100 and Engineer Pamphlet 1165-2-1) to reflect modern
methods of measuring benefits and costs of water resources projects.
``(c) Revision of Guidance.--The Secretary of the Army shall revise
the Guidance for Conducting Civil Works Planning Studies (ER 1105-2-
100) to comply with this section.''. | Corps of Engineers Reform Act of 2002 - Amends the Water Resources Development Act of 1986 with respect to inland waterway projects undertaken by the Army Corps of Engineers to: (1) revise the percentage of project costs to be paid out of general Treasury funds and the Inland Waterways Trust Fund; (2) make the Federal share of most project operation and maintenance costs 100 percent; and (3) specify sources of the Federal share of costs for projects based on the operation and maintenance costs per ton mile.Requires the Secretary of the Army to ensure that each draft feasibility and general reevaluation report and environmental impact statement concerning a navigation project in excess of $30 million for which a review panel of independent experts has been requested is subject to such independent review. Requires the Secretary to appoint a Director of Independent Review who shall appoint independent review panels as appropriate. Prohibits project review costs from exceeding $250,000.Sets forth requirements for project fish and wildlife mitigation concurrently with project construction and as part of project plans and proposals. Prohibits the Secretary from recommending or selecting a project alternative unless its mitigation plan has a high probability of mitigating adverse impacts on aquatic and other resources, hydrologic functions, and fish and wildlife. Requires the Secretary to establish a mitigation tracking system for each project constructed, operated, or maintained by the Secretary and for each permit issued under the Federal Water Pollution Control Act.Expresses the intent of Congress that economic development and environmental protection and restoration to be coequal goals of water resources planning and development. | A bill to reform the United States Army Corps of Engineers. |
SECTION 1. UTILIZING EVIDENCE FROM CLINICAL EXPERIENCE.
Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by
inserting after section 505E of such Act (21 U.S.C. 355f) the
following:
``SEC. 505F. UTILIZING EVIDENCE FROM CLINICAL EXPERIENCE.
``(a) In General.--The Secretary shall establish a program to
evaluate the potential use of evidence from clinical experience--
``(1) to help support the approval of a new indication for
a drug approved under section 505(b); and
``(2) to help support or satisfy post-approval study
requirements.
``(b) Evidence From Clinical Experience Defined.--In this section,
the term `evidence from clinical experience' means data regarding the
usage, or potential benefits or risks, of a drug derived from sources
other than randomized clinical trials, including from observational
studies, registries, and therapeutic use.
``(c) Program Framework.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall establish a
draft framework for implementation of the program under this
section.
``(2) Contents of framework.--The framework shall include
information describing--
``(A) the current sources of data developed through
clinical experience, including ongoing safety
surveillance, registry, claims, and patient-centered
outcomes research activities;
``(B) the gaps in current data collection
activities;
``(C) the current standards and methodologies for
collection and analysis of data generated through
clinical experience; and
``(D) the priority areas, remaining challenges, and
potential pilot opportunities that the program
established under this section will address.
``(3) Consultation.--
``(A) In general.--In developing the program
framework under this subsection, the Secretary shall
consult with regulated industry, academia, medical
professional organizations, representatives of patient
advocacy organizations, disease research foundations,
and other interested parties.
``(B) Process.--The consultation under subparagraph
(A) may be carried out through approaches such as--
``(i) a public-private partnership with the
entities described in such subparagraph, in
which the Secretary may participate; or
``(ii) a contract, grant, or other
arrangement, as determined appropriate by the
Secretary with such a partnership or an
independent research organization.
``(d) Program Implementation.--The Secretary shall, not later than
24 months after the date of enactment of this section and in accordance
with the framework established under subsection (c), implement the
program to evaluate the potential use of evidence from clinical
experience.
``(e) Guidance for Industry.--The Secretary shall--
``(1) utilize the program established in subsection (d),
its activities, and any subsequent pilots or written reports,
to inform a guidance for industry on--
``(A) the circumstances under which sponsors of
drugs and the Secretary may rely on evidence from
clinical experience for the purposes described in
subsections (a)(1) or (a)(2); and
``(B) the appropriate standards and methodologies
for collection and analysis of evidence from clinical
experience submitted for such purposes;
``(2) not later than 36 months after the date of enactment
of this section, issue draft guidance for industry as described
in paragraph (1); and
``(3) not later than 48 months after the date of enactment
of this section, after providing an opportunity for public
comment on the draft guidance, issue final guidance.
``(f) Rule of Construction.--
``(1) Subject to paragraph (2), nothing in this section
prohibits the Secretary from using evidence from clinical
experience for purposes not specified in this section, provided
the Secretary determines that sufficient basis exists for any
such non-specified use.
``(2) This section shall not be construed to alter--
``(A) the standards of evidence under--
``(i) subsection (c) or (d) of section 505,
including the substantial evidence standard in
such subsection (d); or
``(ii) section 351(a) of the Public Health
Service Act; or
``(B) the Secretary's authority to require post-
approval studies or clinical trials, or the standards
of evidence under which studies or trials are
evaluated.''. | This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to establish a program to evaluate the potential use of evidence from clinical experience to support the approval of a new indication for an approved drug and to support post-approval study requirements. "Evidence from clinical experience" means data from sources other than randomized clinical trials, including from observational studies, registries, and therapeutic use. Before implementing the program, the FDA must establish a draft framework for the program that describes current sources of data from clinical experience, gaps in current data collection activities, standards and methodologies for collection and analysis of data from clinical experience, and priority areas, remaining challenges, and potential pilot opportunities that the program will address. The FDA must use the program to inform guidance to industry on the collection and use of evidence from clinical experience. | To amend the Federal Food, Drug, and Cosmetic Act to evaluate the potential use of evidence from clinical experience to help support the approval of new indications for approved drugs, and for other purposes. |
SECTION 1. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS
FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR NEW
FORMULATIONS OF PRESCRIPTION DRUGS.
(a) In General.--The last sentence of section 1927(c)(2)(C) of the
Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by
inserting before the period at the end the following: ``, but does not
include an abuse-deterrent formulation of the drug (as determined by
the Secretary), regardless of whether such abuse-deterrent formulation
is an extended release formulation''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to drugs that are paid for by a State in calendar quarters
beginning on or after the date of the enactment of this Act.
SEC. 2. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS
TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND
ABUSE.
(a) In General.--Title XI of the Social Security Act is amended by
inserting after section 1128J (42 U.S.C. 1320a-7k) the following new
section:
``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS
TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND
ABUSE.
``(a) Reference to Predictive Modeling Technologies Requirements.--
For provisions relating to the use of predictive modeling and other
analytics technologies to identify and prevent waste, fraud, and abuse
with respect to the Medicare program under title XVIII, the Medicaid
program under title XIX, and the Children's Health Insurance Program
under title XXI, see section 4241 of the Small Business Jobs Act of
2010 (42 U.S.C. 1320a-7m).
``(b) Limiting Disclosure of Predictive Modeling Technologies.--In
implementing such provisions under such section 4241 with respect to
covered algorithms (as defined in subsection (c)), the following shall
apply:
``(1) Nonapplication of foia.--The covered algorithms used
or developed for purposes of such section (including by the
Secretary or a State (or an entity operating under a contract
with a State)) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code.
``(2) Limitation with respect to use and disclosure of
information by state agencies.--
``(A) In general.--A State agency may not use or
disclose covered algorithms used or developed for
purposes of such section except for purposes of
administering the State plan (or a waiver of the plan)
under the Medicaid program under title XIX or the State
child health plan (or a waiver of the plan) under the
Children's Health Insurance Program under title XXI,
including by enabling an entity operating under a
contract with a State to assist the State to identify
or prevent waste, fraud and abuse with respect to such
programs.
``(B) Information security.--A State agency shall
have in effect data security and control policies that
the Secretary finds adequate to ensure the security of
covered algorithms used or developed for purposes of
such section 4241 and to ensure that access to such
information is restricted to authorized persons for
purposes of authorized uses and disclosures described
in subparagraph (A).
``(C) Procedural requirements.--State agencies to
which information is disclosed pursuant to such section
4241 shall adhere to uniform procedures established by
the Secretary.
``(c) Covered Algorithm Defined.--In this section, the term
`covered algorithm'--
``(1) means a predictive modeling or other analytics
technology, as used for purposes of section 4241(a) of the
Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to
identify and prevent waste, fraud, and abuse with respect to
the Medicare program under title XVIII, the Medicaid program
under title XIX, and the Children's Health Insurance Program
under title XXI; and
``(2) includes the mathematical expressions utilized in the
application of such technology and the means by which such
technology is developed.''.
(b) Conforming Amendments.--
(1) Medicaid state plan requirement.--Section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (80), by striking ``and'' at the
end;
(B) in paragraph (81), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (81) the following
new paragraph:
``(82) provide that the State agency responsible for
administering the State plan under this title provides
assurances to the Secretary that the State agency is in
compliance with subparagraphs (A), (B), and (C) of section
1128K(b)(2).''.
(2) State child health plan requirement.--Section
2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7))
is amended--
(A) in subparagraph (A), by striking ``, and'' at
the end and inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) to ensure that the State agency involved is
in compliance with subparagraphs (A), (B), and (C) of
section 1128K(b)(2).''.
SEC. 3. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-
1(b)(1)) is amended to read as follows:
``(1) In general.--There shall be available to the Fund,
for expenditures from the Fund for fiscal year 2021 and
thereafter, $5,000,000.''. | This bill amends title XIX (Medicaid) of the Social Security Act to exclude abuse-deterrent formulations of prescription drugs from the requirement that manufacturers of single-source or innovator drugs pay additional rebates to state Medicaid programs. Under current law, the Centers for Medicare & Medicaid Services (CMS) must use predictive modeling and other analytic technologies to identify improper Medicaid claims. The bill prohibits a state agency from using or disclosing such technologies except for purposes of administering a state Medicaid program or Children's Health Insurance Program (CHIP). A state agency shall have in effect adequate data security and control policies to ensure that access to such information is restricted to authorized persons for authorized uses. The bill places $5 million in the Medicaid Improvement Fund to be available beginning in FY2021. | To amend title XIX of the Social Security Act to exclude abuse-deterrent formulations of prescription drugs from the Medicaid additional rebate requirement for new formulations of prescription drugs, and for other purposes. |
SECTION 1. FINDINGS.
The Congress finds that--
(1) customary international law and the United Nations
Convention on the Law of the Sea guarantee the right of
passage, including innocent passage, to vessels through the
waters commonly referred to as the ``Inside Passage'' off the
Pacific Coast of Canada;
(2) Canada has recently announced that it will require all
commercial fishing vessels of the United States to pay 1,500
Canadian dollars to obtain a ``license which authorizes
transit'' through the Inside Passage off the Pacific Coast of
Canada;
(3) this action is inconsistent with international law,
including the United Nations Convention on the Law of the Sea,
and in particular Article 26 of that Convention, which
specifically prohibits such fees, and threatens the safety of
United States commercial fishermen who may seek to avoid the
fee by traveling in less protected waters;
(4) the Fishermen's Protective Act of 1967 provides for the
reimbursement of vessel owners who are forced to pay a license
fee to secure the release of a vessel which has been seized,
but does not permit reimbursement of a fee paid by the owner in
advance in order to prevent a seizure;
(5) Canada has announced that the license fee may only be
paid in two ports on the Pacific Coast of Canada, and must be
paid in person or in advance by mail;
(6) significant expense and delay would be incurred by a
commercial fishing vessel of the United States that had to
travel from the point of seizure back to one of those ports in
order to pay the license fee required by Canada, and the costs
of that travel and delay cannot be reimbursed under the
Fishermen's Protective Act as presently enacted;
(7) the Fishermen's Protective Act of 1967 should be
amended to permit vessel owners to be reimbursed for fees
required by a foreign government to be paid in advance in order
to navigate in the waters of that foreign country, provided the
United States considers that fee to be inconsistent with
international law;
(8) the Secretary of State should seek to recover from
Canada any amounts paid by the United States to reimburse
vessel owners who paid the transit license fee;
(9) the United States should review its current policy with
respect to anchorage by commercial fishing vessels of Canada in
waters of the United States off Alaska, including waters in and
near the Dixon Entrance, and should accord such vessels the
same treatment that commercial fishing vessels of the United
States are accorded for anchorage in the waters of Canada off
British Columbia;
(10) the President should ensure that, consistent with
international law, the United States Coast Guard has available
adequate resources in the Pacific Northwest and Alaska to
provide for the safety of United States citizens, the
enforcement of United States law, and to protect the rights of
the United States and keep the peace among vessels operating in
disputed waters;
(11) the President should continue to review all agreements
between the United States and Canada to identify other actions
that may be taken to convince Canada that continuation of the
transit license fee would be against Canada's long-term
interests, and should immediately implement any actions which
the President deems appropriate until Canada rescinds the fee;
(12) the President should immediately convey to Canada in
the strongest terms that the United States will not now, nor at
any time in the future, tolerate any action by Canada which
would impede or otherwise restrict the right of passage of
vessels of the United States vessels in a manner inconsistent
with international law; and
(13) the United States should redouble its efforts to seek
expeditious agreement with Canada on appropriate fishery
conservation and management measures that can be implemented
through the Pacific Salmon Treaty to address issues of mutual
concern.
SEC. 2. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT.
The Fishermen's Protective Act of 1967 (P.L. 90-482), as amended,
is further amended by adding at the end the following new section:
``Sec. 11. (a) In any case on or after June 15, 1994, in which a
vessel of the United States exercising its right of passage is charged
a fee by the government of a foreign country to engage in transit
passage between points in the United States (including a point in the
exclusive economic zone or in an area over which jurisdiction is in
dispute), and such fee is regarded by the United States as being
inconsistent with international law, the Secretary of State shall
reimburse the vessel owner for the amount of any such fee paid under
protest.
``(b) In seeking such reimbursement, the vessel owner shall
provide, together with such other information as the Secretary of State
may require--
``(1) a copy of the receipt for payment;
``(2) an affidavit attesting that the owner or the owner's
agent paid the fee under protest; and
``(3) a copy of the vessel's certificate of documentation.
``(c) Requests for reimbursement shall be made to the Secretary of
State within 120 days of the date of payment of the fee, or within 90
days of the date of enactment of this section, whichever is later.
``(d) Such funds as may be necessary to meet the requirements of
this section may be made available from the unobligated balances of
previously appropriated funds remaining in the Fishermen's Guaranty
Fund established under section 7 and the Fishermen's Protective Fund
established under section 9. To the extent that requests for
reimbursement under this section exceed such funds, there are
authorized to be appropriated such sums as may be needed for
reimbursements authorized under subsection (a).
``(e) The Secretary of State shall take such action as the
Secretary deems appropriate to make and collect claims against the
foreign country imposing such fee for any amounts reimbursed under this
section.
``(f) For purposes of this section, the term `owner' includes any
charterer of a vessel of the United States.
``(g) The provisions of this section shall remain in effect until
October 1, 1995.''.
SEC. 3. REAUTHORIZATION.
(a) Section 7(c) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1977(c)) is amended by striking ``The amount fixed by the
Secretary shall be predicated upon at least 33\1/3\ per centum of the
contribution by the Government.''.
(b) Section 7(e) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1977(e)) is amended by striking ``October 1, 1993'' and
inserting in lieu thereof ``October 1, 2000''.
SEC. 4. TECHNICAL CORRECTION.
(a) Section 15(a) of Public Law 103-238 is amended by striking
``April 1, 1994,'' and inserting ``May 1, 1994.''.
(b) The amendment made by subsection (a) shall be effective on and
after April 30, 1994.
Passed the Senate July 1 (legislative day, June 7), 1994.
Attest:
Secretary. | Amends the Fisherman's Protective Act of 1967 to direct the Secretary of State, until a specified date, to reimburse vessel owners for fees paid to a foreign government to engage in transit passage between points in the United States if such a fee is regarded by the United States as being inconsistent with international law. Authorizes use of unobligated balances of the Fishermen's Guaranty Fund and the Fishermen's Protective Fund and, if those are insufficient, authorizes appropriations.
Repeals the statutory formula used to fix the related fees collected by the Secretary of State.
Extends the Act's effective date from October 1, 1993, to October 1, 2000. | A bill to amend the Fishermen's Protective Act of 1967 to permit reimbursement of fishermen for fees required by a foreign government to be paid in advance in order to navigate in the waters of that foreign country whenever the United States considers that fee to be inconsistent with international law, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Day in Court for Kids Act of
2016''.
SEC. 2. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS BY
INCREASING ACCESS TO LEGAL INFORMATION.
(a) Appointment of Counsel in Certain Cases; Right To Review
Certain Documents in Removal Proceedings.--Section 240(b) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``, at no expense to the
Government,''; and
(ii) by striking the comma at the end and
inserting a semicolon;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) the Attorney General may appoint or provide
counsel, at Government expense, to aliens in
immigration proceedings;
``(C) the alien shall, at the beginning of the
proceedings or as expeditiously as possible,
automatically receive a complete copy of all relevant
documents in the possession of the Department of
Homeland Security, including all documents (other than
documents protected from disclosure by privilege,
including national security information referred to in
subparagraph (D), law enforcement sensitive
information, and information prohibited from disclosure
pursuant to any other provision of law) contained in
the file maintained by the Government that includes
information with respect to all transactions involving
the alien during the immigration process (commonly
referred to as an `A-file'), and all documents
pertaining to the alien that the Department of Homeland
Security has obtained or received from other government
agencies, unless the alien waives the right to receive
such documents by executing a knowing and voluntary
written waiver in a language that he or she understands
fluently;''; and
(D) in subparagraph (D), as redesignated, by
striking ``, and'' and inserting ``; and''; and
(2) by adding at the end the following:
``(8) Failure to provide alien required documents.--In the
absence of a waiver under paragraph (4)(C), a removal
proceeding may not proceed until the alien--
``(A) has received the documents as required under
such paragraph; and
``(B) has been provided meaningful time to review
and assess such documents.''.
(b) Clarification Regarding the Authority of the Attorney General
To Appoint Counsel to Aliens in Immigration Proceedings.--Section 292
of the Immigration and Nationality Act (8 U.S.C. 1362) is amended--
(1) by striking ``In any'' and inserting the following:
``(a) In General.--In any proceeding conducted under section 235,
236, 238, 240, 241, or any other section of this Act,'';
(2) in subsection (a), as redesignated--
(A) by striking ``(at no expense to the
Government)''; and
(B) by striking ``he shall'' and inserting ``the
person shall''; and
(3) by adding at the end the following:
``(b) Access to Counsel.--The Attorney General may appoint or
provide counsel to aliens in any proceeding conducted under section
235, 236, 238, 240, or 241 or any other section of this Act. The
Secretary of Homeland Security shall ensure that aliens have access to
counsel inside all immigration detention and border facilities.''.
(c) Appointment of Counsel for Children and Vulnerable Aliens.--
(1) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362), as amended by subsection (b),
is further amended by adding at the end the following:
``(c) Children and Vulnerable Aliens.--Notwithstanding subsection
(b), the Attorney General shall appoint counsel, at the expense of the
Government if necessary, at the beginning of the proceedings or as
expeditiously as possible, to represent in such proceedings any alien
who has been determined by the Secretary of Homeland Security or the
Attorney General to be--
``(1) a child (as defined in section 101(b)(1) of this
Act);
``(2) a particularly vulnerable individual, such as--
``(A) a person with a disability; or
``(B) a victim of abuse, torture, or violence; or
``(3) an individual whose circumstances are such that the
appointment of counsel is necessary to help ensure fair
resolution and efficient adjudication of the proceedings.
``(d) Extension to Consolidated Cases.--If the Attorney General has
consolidated the case of any alien for whom counsel was appointed under
subsection (c) with that of any other alien, and that other alien does
not have counsel, then the counsel appointed under subsection (c) shall
be appointed to represent such other alien.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Executive Office of Immigration Review of the
Department of Justice such sums as may be necessary to carry out this
section.''.
(2) Rulemaking.--The Attorney General shall promulgate
regulations to implement section 292(c) of the Immigration and
Nationality Act, as added by paragraph (1), in accordance with
the requirements set forth in section 3006A of title 18, United
States Code.
SEC. 3. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT DETENTION
FACILITIES.
(a) Access to Counsel.--The Secretary of Homeland Security shall
facilitate access to counsel for all aliens detained in facilities
under the supervision of U.S. Immigration and Customs Enforcement or of
U.S. Customs and Border Protection, including providing information to
aliens in detention about legal services programs at detention
facilities.
(b) Access to Legal Orientation Programs.--The Secretary of
Homeland Security, in consultation with the Attorney General, shall
establish procedures to ensure that legal orientation programs are
available for all detained aliens, including aliens held in U.S.
Customs and Border Protection facilities, to inform such aliens of the
basic procedures of immigration hearings, their rights relating to
those hearings under Federal immigration laws, information that may
deter such aliens from filing frivolous legal claims, and any other
information that the Attorney General considers appropriate, such as a
contact list of potential legal resources and providers. Access to
legal orientation programs shall not be limited by the alien's current
immigration status, prior immigration history, or potential for
immigration relief.
(c) Pilot Project for Nondetained Aliens in Removal Proceedings.--
The Attorney General shall develop and administer a 2-year pilot
program at not fewer than 2 immigration courts to provide nondetained
aliens with pending asylum claims access to legal information. At the
conclusion of the pilot program, the Attorney General shall submit a
report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives that
describes the extent to which nondetained aliens are provided with
access to counsel.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Executive Office of Immigration Review of the
Department of Justice such sums as may be necessary to carry out this
section.
SEC. 4. CASE MANAGEMENT PILOT PROGRAM TO INCREASE COURT APPEARANCE
RATES.
(a) Contract Authority.--The Secretary of Homeland Security shall
establish a pilot program to increase the court appearance rates of
aliens described in section 292(c) of the Immigration and Nationality
Act, as added by section 2(c)(1), by contracting with nongovernmental,
community-based organizations to provide appropriate case management
services to such aliens. This pilot program shall not be used to
monitor individuals designated as unaccompanied alien children under
section 462 of the Homeland Security Act.
(b) Scope of Services.--Case management services provided under
subsection (a) shall include assisting aliens with--
(1) accessing legal counsel;
(2) complying with court-imposed deadlines and other legal
obligations;
(3) procuring appropriate housing;
(4) enrolling their minor children in school; and
(5) acquiring health services, including, if needed, mental
health services.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of Homeland Security such sums as may be
necessary to carry out this section.
SEC. 5. REPORT ON ACCESS TO COUNSEL.
(a) Report.--Not later than December 31 of each year, the Secretary
of Homeland Security, in consultation with the Attorney General, shall
prepare and submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives regarding the extent to which aliens described in
section 292(c) of the Immigration and Nationality Act, as added by
section 2(c)(1), have been provided access to counsel.
(b) Contents.--Each report submitted under subsection (a) shall
include, for the immediately preceding 1-year period--
(1) the number and percentage of aliens described in
paragraphs (1), (2), and (3), respectively, of section 292(c)
of the Immigration and Nationality Act, as added by section
2(c)(1), who were represented by counsel, including information
specifying--
(A) the stage of the legal process at which the
alien was represented; and
(B) whether the alien was in government custody;
and
(2) the number and percentage of aliens who received legal
orientation presentations.
SEC. 6. MOTIONS TO REOPEN.
Section 240(c)(7)(C) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
``(v) Special rule for children and other
vulnerable aliens.--If the Attorney General
fails to appoint counsel for an alien in
violation of section 292(c)--
``(I) no limitation under this
paragraph pertaining to the filing of
any motion under this paragraph by such
alien shall apply; and
``(II) the filing of such a motion
shall stay the removal of the alien.''. | Fair Day in Court for Kids Act of 2016 This bill amends the Immigration and Nationality Act (INA) authorize the Department of Justice (DOJ) to appoint or provide counsel at government expense to aliens in removal proceedings. The Department of Homeland Security (DHS) shall provide an alien in removal proceedings with all relevant documents in its possession, unless the alien has knowingly waived the right to such documents. In the absence of a waiver a removal proceeding may not proceed until the alien has received, and had time to review, the documents. DOJ may appoint or provide counsel to aliens in any INA proceeding. DHS shall ensure that aliens have access to counsel inside all immigration detention and border facilities. DOJ shall appoint counsel, at government expense if necessary, for an unaccompanied alien child or a particularly vulnerable individual. If DOJ has consolidated any such alien's case with that of any other alien, and that other alien does not have counsel, then the appointed counsel shall be appointed to represent the other alien as well. DHS shall: (1) facilitate access to counsel for all aliens detained in facilities under the supervision of U.S. Immigration and Customs Enforcement or of U.S. Customs and Border Protection (CBP); and (2) establish procedures to ensure that legal orientation programs are available for all detained aliens, including aliens held in CBP facilities. DOJ shall develop and administer a two-year pilot program at not fewer than two immigration courts to grant access to legal information to non-detained aliens with pending asylum claims. DHS shall establish a pilot program to increase the court appearance rates of unaccompanied alien children and particularly vulnerable individuals by contracting with nongovernmental, community-based organizations to provide such aliens with case management services. The pilot program shall not be used to monitor individuals designated as unaccompanied alien children under the Homeland Security Act. If DOJ fails to appoint counsel for an unaccompanied alien child or vulnerable person: (1) no limitation pertaining to the filing of any motion to reopen the removal proceeding shall apply, and (2) the filing of such a motion shall stay the removal of the alien. | Fair Day in Court for Kids Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radio Free Iran Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) It is the policy of the United States to support the
right of the people of Iran to seek, receive, and impart
information and ideas through any media, regardless of
frontiers, in accordance with article 19 of the Universal
Declaration of Human Rights.
(2) Consonant with this policy, radio broadcasting to Iran
may be effective in furthering the open communication of
accurate information and ideas about Iran to the people of
Iran.
(3) Such broadcasting to Iran, operated in a manner not
inconsistent with the broad foreign policy of the United States
and in accordance with high professional standards, would be in
the national interest.
SEC. 3. RADIO BROADCASTING TO IRAN.
(a) In General.--In order to carry out the objectives set forth in
section 2, the United States Information Agency shall provide for the
open communication of information and ideas on Iran through the use of
radio broadcasting to Iran. Radio broadcasting to Iran under this
section shall serve as a consistently reliable and authoritative source
of accurate, objective, and comprehensive news on Iran.
(b) Requirements Relating to Broadcasting.--(1) Radio broadcasting
under subsection (a) shall be provided in accordance with standards
that ensure the broadcast of programs which are objective, accurate,
and balanced, and which present a variety of views. Such standards
shall be established by the board established under section 4.
(2) Radio broadcasting under subsection (a) shall be provided in
the Farsi language.
(c) Designation of Broadcasts.--Any program of United States
Government radio broadcasts in the Farsi language under this section
shall be designated ``Radio Free Iran''.
(d) Relationship With Other Radio Service to Iran.--It is the sense
of Congress that radio broadcasting under this section supplement and
not supplant other radio broadcasting and radio broadcasting services
to Iran in the Farsi language that are provided by the United States
Government.
(e) Authority To Contract.--The Director of the United States
Information Agency may carry out this section by means of grants,
contracts, and leases and by such other means as the Director
determines appropriate. Any grant, contract, or lease under this
subsection shall specify that payment thereunder by the Director is
subject to the availability of appropriations therefor.
(f) Assistance From Other Government Agencies.--The Director may
secure on a reimbursable basis from any department or agency of the
Federal Government, with the concurrence of the head of the department
or agency, any technical or administrative support or services
(including personnel and property) that the Director may require in
order to provide radio broadcasting to Iran under this section. Any
reimbursement under this subsection shall be credited to the
appropriation from which the support or services was derived.
SEC. 4. ADVISORY BOARD.
(a) In General.--There is hereby established an advisory board to
be known as the Advisory Board for Radio Free Iran (in this section
referred to as the ``Board'').
(b) Membership Matters.--(1) The Board shall be composed of eight
members of whom--
(A) four shall be appointed by the President;
(B) two shall be appointed by the President pro tempore of
the Senate, upon the recommendation of the majority and
minority leaders of the Senate; and
(C) two shall be appointed by the Speaker of the House of
Representatives, in consultation with the minority leader of
the House of Representatives.
(2) Members shall be appointed for terms of 4 years. Any vacancy in
the Board shall not affect its powers but shall be filled in the same
manner as the original appointment.
(3) The President shall designate one member of the Board to be the
Chairman.
(c) Duties.--The Board shall have the following duties:
(1) To establish standards for the broadcast of programs
under section 3, which standards shall ensure that such
programs are objective, accurate, and balanced, and present a
variety of views.
(2) To monitor the broadcast of programs under that section
in order to ensure that the programs meet the standards so
established.
(d) Compensation.--(1) Each member of the Board who is not an
officer or employee of the Federal Government shall be compensated at a
rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the duties of
the Board. All members of the Board who are officers or employees of
the United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(2) The members of the Board shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Board.
(e) Procurement of Supplies and Services.--The Board may, to the
extent it considers necessary to carry out its duties under this
section, procure supplies, services, and other personal property,
including specialized electronic equipment.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for the United States Information Agency for fiscal year
1996 such sums as may be necessary for purposes of carrying out this
Act, in-cluding the activities of the Board established under section
4.
(b) Availability of Funds.--Amounts appropriated under this section
shall remain available until expended. | Radio Free Iran Act - Directs the United States Information Agency to provide for the open communication of information and ideas on Iran through the use of radio broadcasting to Iran. Designates any U.S. Government radio broadcasts in the Farsi language to Iran as "Radio Free Iran."
Establishes the Advisory Board for Radio Free Iran to establish standards to ensure that programs are objective, accurate, and balanced and present a variety of views.
Authorizes appropriations. | Radio Free Iran Act |
SECTION 1. INCLUSION OF MEDICARE ELIGIBLE COVERED BENEFICIARIES IN
FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) FEHBP Option.--(1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1079 the following new section:
``Sec. 1079a. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management under which covered
beneficiaries described in subsection (b) will be offered an
opportunity to enroll in a health benefits plan offered through the
Federal Employee Health Benefits program under chapter 89 of title 5,
in lieu of receiving care under this chapter in treatment facilities of
the uniformed services or through the Civilian Health and Medical
Program of the Uniformed Services or the TRICARE program. The agreement
may provide for limitations on enrollment of covered beneficiaries in
the Federal Employee Health Benefits program if the Office of Personnel
Management determines the limitations are necessary to allow for
adequate planning for access for services under Federal Employee Health
Benefits program.
``(b) Eligible Covered Beneficiaries.--A covered beneficiary
referred to in subsection (a) is a member or former member of the
uniformed services described in section 1074(b) of this title, and any
dependents of the member described in section 1076(b) of this title,
who is or becomes entitled to hospital insurance benefits under part A
of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
The covered beneficiary shall not be required to satisfy any
eligibility criteria specified in chapter 89 of title 5 as a condition
for enrollment in a health benefits plan offered through the Federal
Employee Health Benefits program pursuant to subsection (a).
``(c) Contributions.--(1) In the case of covered beneficiaries
described in subsection (b) who enroll in a health benefits plan
offered through the Federal Employee Health Benefits program pursuant
to subsection (a), the administering Secretary concerned shall be
responsible for Government contributions that the Office of Personnel
Management determines are necessary to cover all costs in excess of
beneficiary contributions under paragraph (2).
``(2) The contribution required from an enrolled covered
beneficiary shall be equal to the amount that would be withheld from
the pay of a similarly situated Federal employee who enrolls in a
health benefits plan under chapter 89 of title 5.
``(d) Management of Participation.--The authority responsible for
approving retired or retainer pay or equivalent pay in the case of a
member or former member shall manage the participation of the member or
former member, and dependents of the member or former member, who
enroll in a health benefits plan offered through the Federal Employee
Health Benefits program pursuant to subsection (a). The Office of
Personnel Management shall maintain separate risk pools for enrolled
covered beneficiaries until such time as the Director of the Office of
Personnel Management determines that complete inclusion of enrolled
covered beneficiaries under chapter 89 of title 5 will not adversely
affect Federal employees and annuitants enrolled in health benefits
plans under such chapter.
``(e) Effect of Cancellation.--The cancellation by a covered
beneficiary of coverage under the Federal Employee Health Benefits
program shall be irrevocable for purposes of this section.
``(f) Reporting Requirements.--Not later than November 1 of each
year, the Secretary of Defense and the Director of the Office of
Personnel Management shall jointly submit a report to Congress
describing the provision of health care services to covered
beneficiaries under this section during the preceding fiscal year. The
report shall address or contain the following:
``(1) The number of covered beneficiaries enrolled in
health benefits plans offered through the Federal Employee
Health Benefits program pursuant to subsection (a), both in
terms of total number and as a percentage of all covered
beneficiaries receiving health care through the health care
system of the uniformed services.
``(2) The out-of-pocket cost to enrollees under such health
benefits plans.
``(3) The cost to the Government (including the Department
of Defense, the Department of Transportation, and the
Department of Health and Human Services) of providing care
under such health benefits plans.
``(4) A comparison of the costs determined under paragraphs
(2) and (3) and the costs that would have otherwise been
incurred by the Government and enrollees under alternative
health care options available to the administering Secretaries.
``(5) The effect of this section on the cost, access, and
utilization rates of other health care options under the health
care system of the uniformed services.
``(g) Time for Option.--The Secretary of Defense shall begin to
offer the health benefits option under subsection (a) not later than
January 1, 1997.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1079 the
following new item:
``1079a. Health care coverage through Federal Employees Health Benefits
program.''.
(b) Conforming Amendments.--Chapter 89 of title 5, United States
Code, is amended--
(1) in section 8905--
(A) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(B) by inserting after subsection (c) the following
new subsection:
``(d) An individual whom the Secretary of Defense determines is an
eligible covered beneficiary under section 1079a(b) of title 10 may
enroll in a health benefits plan under this chapter in accordance with
the agreement under section 1079a(a) of title 10 between the Secretary
and the Office and applicable regulations under this chapter.'';
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting in lieu thereof ``paragraphs
(2), (3), and (4)''; and
(B) by adding at the end the following new
paragraph:
``(4) In the case of individuals who enroll in a health plan in
accordance with section 8905(d) of this title, the Government
contribution shall be determined under section 1079a(c) of title 10.'';
and
(3) in section 8906(g)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting in lieu thereof ``paragraphs (2) and
(3)''; and
(B) by adding at the end the following new
paragraph:
``(3) The Government contribution described in subsection (b)(4)
for beneficiaries who enroll in accordance with section 8905(d) of this
title shall be paid as provided in section 1079a(c) of title 10.''. | Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year. | To amend title 10, United States Code, to permit covered beneficiaries under the military health care system who are also entitled to medicare to enroll in the Federal Employees Health Benefits program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Secrets Protection Act''.
SEC. 2. AMENDMENT TO THE RULES OF EVIDENCE.
Article 5 of the Federal Rules of Evidence is amended by adding at
the end the following:
``Rule 503. State Secrets Privilege
``(a) In General.--In any civil action brought in Federal or State
court, the Government has a privilege to refuse to give information and
to prevent any person from giving information only if the Government
shows that public disclosure of the information that the Government
seeks to protect would be reasonably likely to cause significant harm
to the national defense or the diplomatic relations of the United
States.
``(b) Protection of Secrets.--
``(1) In general.--The court shall take steps to protect
sensitive information that comes before the court in connection
with proceedings under this Rule. These steps may include
reviewing evidence or pleadings and hearing arguments ex parte,
issuing protective orders, placing material under seal, and
applying security procedures established under the Classified
Information Procedures Act for classified information to
protect the sensitive information.
``(2) In camera proceedings.--All hearings and other
proceedings under this Rule may be conducted in camera, as
needed to protect information that may be subject to the
privilege.
``(3) Participation of counsel.--Participation of counsel
in proceedings under this Rule may be limited if the court
determines that the limitation is a necessary step to protect
information the Government asserts is protected by the
privilege or that supports the claim of privilege.
``(4) Guardian ad litem.--Where counsel is excluded from a
proceeding, the court shall have discretion to appoint a
guardian ad litem to represent the absent litigant's interests,
drawing, in consultation with the excluded nongovernmental
party, from a previously generated list of attorneys who have
been granted required security clearances in the past and have
agreed to serve in this capacity. The guardian ad litem shall
not discuss the information claimed as privileged or its
content with any nongovernmental party or nongovernmental
party's counsel.
``(5) Production of adequate substitute pending resolution
of the claim of privilege.--If, at any point during its
consideration of the Government's claim, the court determines
that disclosure of information to a party or counsel, or
disclosure of information by a party that already possesses it,
presents a risk of a harm described in subsection (a) that
cannot be addressed through less restrictive means provided in
this subsection, the court may require the Government to
produce an adequate substitute, such as a redacted version,
summary of the information, or stipulation regarding the
relevant facts, if the court deems such a substitute feasible.
The substitute must be reviewed and approved by the court and
must provide counsel with a substantially equivalent
opportunity to assess and challenge the Government's claim of
privilege as would the protected information.
``(c) Assertion of the Privilege.--
``(1) In general.--The Government may assert the privilege
in connection with any claim in a civil action to which it is a
party or may intervene in a civil action to which it is not a
party to do so.
``(2) Supporting affidavits.--If the Government asserts the
privilege, the Government shall provide the court with an
affidavit signed by the head of the executive branch agency
with responsibility for, and control over, the information
asserted to be subject to the privilege. In the affidavit, the
head of the agency shall explain the factual basis for the
claim of privilege. The Government shall make public an
unclassified version of the affidavit.
``(d) Preliminary Proceedings.--
``(1) Preliminary review by court.--Once the Government has
asserted the privilege, and before the court makes any
determinations under subsection (e), the court shall undertake
a preliminary review of the information the Government asserts
is protected by the privilege and provide the Government an
opportunity to seek protective measures under this Rule. After
any initial protective measures are in place, the court shall
proceed to the consideration of additional preliminary matters
under this subsection.
``(2) Consideration of whether to appoint special master or
expert witness.--The court shall consider whether the
appointment of a special master with appropriate expertise or
an expert witness, or both, would facilitate the court's duties
under this Rule.
``(3) Index of materials.--The court may order the
Government to provide a manageable index of the information
that the Government asserts is subject to the privilege. The
index must correlate statements made in the affidavit required
under this Rule with portions of the information the Government
asserts is subject to the privilege. The index shall be
specific enough to afford the court an adequate foundation to
review the basis of the assertion of the privilege by the
Government.
``(4) Prehearing conferences.--After the preliminary
review, the court shall hold one or more conferences with the
parties to--
``(A) determine any steps needed to protect
sensitive information;
``(B) define the issues presented by the
Government's claim of privilege, including whether it
is possible to allow the parties to complete
nonprivileged discovery before determining whether the
claim of privilege is valid;
``(C) order disclosure to the court of anything
needed to assess the claim, including all information
the Government asserts is protected by the privilege
and other material related to the Government's claim;
``(D) resolve any disputes regarding participation
of counsel or parties in proceedings relating to the
claim, including access to the Government's evidence
and arguments;
``(E) set a schedule for completion of discovery
related to the Government's claim; and
``(F) take other steps as needed, such as ordering
counsel or parties to obtain security clearances.
``(e) Procedures and Standard for Assessing the Privilege Claim.--
``(1) Hearing.--The court shall conduct a hearing to
determine whether the privilege claim is valid.
``(2) Basis for ruling.--
``(A) Generally.--The court may not determine that
the privilege is valid until the court has reviewed--
``(i) except as provided in subparagraph
(B), all of the information that the Government
asserts is privileged;
``(ii) the affidavits, evidence, memoranda
and other filings submitted by the parties
related to the privilege claim; and
``(iii) any other evidence that the court
determines it needs to rule on the privilege.
``(B) Sampling in certain cases.--Where the volume
of information the Government asserts is privileged
precludes a timely review, or the court otherwise
determines a review of all of that information is not
feasible, the court may substitute a sufficient
sampling of the information if the court determines
that there is no reasonable possibility that review of
the additional information would change the court's
determination on the privilege claim and the
information reviewed is sufficient to enable the court
to make the independent assessment required by this
subsection.
``(3) Standard.--In ruling on the validity of the
privilege, the court shall make an independent assessment of
whether the harm identified by the Government, as required by
subsection (a), is reasonably likely to occur should the
privilege not be upheld. The court shall weigh testimony from
Government experts in the same manner as it does, and along
with, any other expert testimony.
``(4) Burden of proof.--The Government shall have the
burden of proof as to the nature of the harm and as to the
likelihood of its occurrence.
``(f) Effect of Court Determination.--
``(1) In general.--If the court determines that the
privilege is not validly asserted, the court shall issue
appropriate orders regarding the disclosure of the information
to a nongovernmental party and its admission at trial, subject
to the other rules of evidence, with the right to interlocutory
appeal as provided in subsection (g) for any such orders. If
the court determines that the privilege is validly asserted,
that information shall not be disclosed to a nongovernmental
party or the public.
``(2) Nonprivileged substitute.--
``(A) Court consideration of substitute.--If the
court finds that the privilege is validly asserted and
it is possible to craft a nonprivileged substitute,
such as those described in subsection (b)(5), for the
privileged information that would provide the parties a
substantially equivalent opportunity to litigate the
case, the court shall order the Government to produce
the substitute to the satisfaction of the court.
``(B) Refusal to provide.--In a civil action
brought against the Government, if the court orders the
Government to provide a nonprivileged substitute for
information and the Government fails to comply, in
addition to any other appropriate sanctions, the court
shall find against the Government on the factual or
legal issue to which the privileged information is
relevant. If the action is not brought against the
Government, the court shall weigh the equities and make
appropriate orders as provided in paragraph (4).
``(3) Opportunity to complete discovery.--The court shall
not resolve any issue or claim and shall not grant a motion to
dismiss or motion for summary judgment based on the state
secrets privilege and adversely to any party against whom the
Government's privilege claim has been upheld until that party
has had a full opportunity to complete nonprivileged discovery
and to litigate the issue or claim to which the privileged
information is relevant without regard to that privileged
information.
``(4) Appropriate orders in the interest of justice.--After
reviewing all available evidence, and only after determining
that privileged information, for which it is impossible to
create a nonprivileged substitute, is necessary to decide a
factual or legal issue or claim, the court shall weigh the
equities and make appropriate orders in the interest of
justice, such as striking the testimony of a witness, finding
in favor of or against a party on a factual or legal issue to
which the information is relevant, or dismissing a claim or
counterclaim. This paragraph does not permit an award of money
damages against a party based in whole or in part on privileged
information that was not disclosed to that party.
``(g) Interlocutory Appeal.--
``(1) In general.--The courts of appeal shall have
jurisdiction of an appeal from a decision or order of a
district court determining that the state secrets privilege is
not validly asserted, sanctioning a refusal to provide an
adequate or nonprivileged substitute required under this Rule,
or refusing protective steps sought by the Government under
this Rule pending the resolution of the claim of state secrets
privilege.
``(2) Appeal.--
``(A) In general.--An appeal taken under this
section either before or during trial shall be
expedited by the court of appeals.
``(B) During trial.--If an appeal is taken during
trial, the district court shall adjourn the trial until
the appeal is resolved and the court of appeals--
``(i) shall hear argument on appeal as
expeditiously as possible after adjournment of
the trial by the district court;
``(ii) may dispense with written briefs
other than the supporting materials previously
submitted to the trial court;
``(iii) shall render its decision as
expeditiously as possible after argument on
appeal; and
``(iv) may dispense with the issuance of a
written opinion in rendering its decision.
``(h) Reporting.--
``(1) In general.--Consistent with applicable authorities
and duties, including those conferred by the Constitution of
the United States upon the executive and legislative branches,
the Attorney General shall report in writing to the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, and the chairmen and ranking minority members of the
Committees on the Judiciary of the House of Representatives and
Senate on any case in which the Government invokes a state
secrets privilege, not later than 30 calendar days after the
date of such assertion. Each report submitted under this
subsection shall include all affidavits filed under this Rule
by the Government.
``(2) Operation and effectiveness.--
``(A) In general.--The Attorney General shall
deliver to the committees of Congress described in
paragraph (1) a report concerning the operation and
effectiveness of this Rule and including suggested
amendments to the Rule.
``(B) Deadline.--The Attorney General shall submit
this report not later than 1 year after the date of
enactment of this Rule, and every year thereafter until
the date that is 3 years after that date of enactment.
After the date that is 3 years after that date of
enactment, the Attorney General shall submit a report
under subparagraph (A) as necessary.
``(i) Rule of Construction.--This Rule provides the only privilege
that may be asserted in civil cases based on state secrets and the
standards and procedures set forth in this Rule apply to any assertion
of the privilege.
``(j) Application.--This Rule applies to claims pending on or after
the date of enactment of this Rule. A court also may relieve a party or
its legal representative from a final judgment, order, or proceeding
that was based, in whole or in part, on the state secrets privilege
if--
``(1) the motion for relief is filed with the rendering
court within one year of the date of enactment of this Rule;
``(2) the underlying judgment, order, or proceeding from
which the party seeks relief was entered after January 1, 2002;
and
``(3) the claim on which the judgment, order, or proceeding
is based is--
``(A) against the Government; or
``(B) arises out of conduct by persons acting in
the capacity of a Government officer, employee, or
agent.''. | State Secrets Protection Act - Amends the Federal Rules of Evidence to declare that, in any civil action brought in federal or state court, the government has a privilege to refuse to give information and to prevent any person from giving information only if the government shows that public disclosure of the information that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States.
Requires the court to take steps, which may include in camera and ex parte hearings and other security procedures, to protect sensitive information that comes before it.
Sets forth the court's authority regarding the participation of counsel, appointment of a guardian ad litem to represent an absent litigant's interests, and the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes (redacted copies, summary of information, stipulation of facts) for privileged information.
Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party, or (2) intervene in a civil action to which it is not a party in order to do so.
Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question, and (2) provide the government an opportunity to seek protective measures under this Act.
Establishes procedures and a standard for assessing the privilege claim.
Requires the court, if it determines that the privilege is not validly asserted, to issue appropriate orders regarding the disclosure of the information to a nongovernmental party and its admission at trial, with the right to an interlocutory appeal for any such orders. Prohibits such disclosure or admission if the privilege is determined valid.
Grants the courts of appeal jurisdiction of an appeal from a decision or order of a district court determining that the state secrets privilege is not validly asserted, sanctioning a refusal to provide an adequate or nonprivileged substitute, or refusing protective steps sought by the government pending the resolution of the claim of state secrets privilege. | To provide safe, fair, and responsible procedures and standards for resolving claims of state secrets privilege. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Student Rebate Act of
2012''.
SEC. 2. EDUCATIONAL LOSS RATIO.
(a) Program Participation Agreements.--Section 487(a) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the
end the following:
``(30) In the case of a proprietary institution of higher
education (as defined in section 102(b)), such institution
will--
``(A) expend not less than 80 percent of such
institution's revenues for an institutional fiscal year
on educational and related expenses (as defined in
subsection (i)(4)); or
``(B) for each institutional fiscal year in which
the institution expends less than 80 percent of such
revenues on such educational and related expenses,
issue a rebate for each student who was enrolled at the
institution during such institutional fiscal year,
calculated and distributed in accordance with
subsection (k).''.
(b) Educational Loss Ratio.--Section 487 of such Act (20 U.S.C.
1094) is further amended--
(1) in subsection (i)--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(B) by inserting after paragraph (3), the
following:
``(4) Educational and related expenses.--The term
`educational and related expenses' shall be defined by the
Secretary by regulation, except that such term shall not
include revenue expended for advertising and promotion
activities, excessive administrative expenses including
excessive executive compensation, recruiting, lobbying
expenses, or payments to shareholders.''; and
(2) by adding at the end the following new subsection:
``(k) Implementation of Rebate Requirement for Insufficient
Educational Expenditures.--
``(1) Calculation of rebate amount for each student.--For
purposes of subsection (a)(30), the amount of a rebate for each
student at an institution subject to subparagraph (B) of such
subsection shall be calculated by--
``(A) determining the difference between 80 percent
and the percentage of the institution's revenues
expended on educational and related expenses (as
defined in subsection (i)(4)); and
``(B) applying the percentage determined under
subparagraph (A) to the total amount of tuition, fees,
and institutional charges provided to the institution
by the student, or on the student's behalf, from all
sources for the applicable period of enrollment.
``(2) Distribution of individual student rebates.--Each
rebate issued for a student by an institution described in
subsection (a)(30)(B) shall be distributed as follows:
``(A) To the Secretary, an amount that bears the
same ratio to the total rebate for such student as the
amount of tuition, fees, and institutional charges
provided to the institution for the student from
sources under this title bears to the total amount of
tuition, fees, and institutional charges provided to
the institution for the applicable period of enrollment
by or on behalf of the student from all sources, which
shall be credited, in a manner consistent with section
484B(b)(3), to outstanding balances on loans, to
awards, and to other assistance made under this title
to the student or on behalf of the student for the
period of enrollment for which a rebate is required.
``(B) To each third party who provided an amount to
the institution for tuition, fees, and institutional
charges on the student's behalf, including the
Secretary of Defense, the Secretary of Veterans
Affairs, or an employer, an amount that bears the same
ratio to the total rebate for such student as the
amount of tuition, fees, and institutional charges
provided to the institution for the student from such
third party bears to the total amount of tuition, fees,
and institutional charges provided to the institution
for the applicable period of enrollment by or on behalf
of the student from all sources.
``(C) To the student, the amount of the total
rebate for such student remaining after payment to the
Secretary and each third party under subparagraphs (A)
and (B).
``(3) Student rebate fee prohibited.--An institution that
is required to issue a rebate for a student under subsection
(a)(30) may not assess a new student fee, increase an existing
student fee, withhold or reduce any portion of financial
assistance provided to any student, or otherwise increase the
cost of attendance for any student, to satisfy such rebate
requirement.
``(4) No change in 90/10 calculations.--Rebates required
under subsection (a)(30) and issued in accordance with this
subsection shall in no way affect or be considered in the
calculation of revenue requirements under subsection (a)(24).
``(5) Calculation of institution's revenues.--In making
calculations under subsection (a)(30) and this subsection, an
institution's revenues for an institutional fiscal year shall
be calculated in accordance with subsection (d)(1), except that
an institution shall not be required to use the cash basis of
accounting.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
July 1, 2014. | College Student Rebate Act of 2012 - Amends the Higher Education Act of 1965 to require proprietary institutions of higher education that participate in title IV (Student Assistance) programs to: (1) spend at least 80% of their revenue each fiscal year on educational and related expenses, or (2) rebate to students the shortfall between what they spend for educational and related expenses and 80% of their revenue.
Directs the Secretary of Education to define "educational and related expenses," but excludes revenue spent for advertising and promotion, recruiting, lobbying, shareholder payments, and excessive administrative costs (including excessive executive compensation). | To ensure that students and taxpayers receive the full value of their education investments. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Law Enforcement Assistance Act
of 2000''.
SEC. 2. FUNDING TO NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the members of the
Board of the Center elected in accordance with the bylaws of
the Center.
(2) Center.--The term ``Center'' means the National Center
for Rural Law Enforcement, a nonprofit corporation located in
Little Rock, Arkansas.
(3) Executive director.--The term ``Executive Director''
means the Executive Director of the Center as appointed in
accordance with the bylaws of the Center.
(4) Institutions of higher education.--The term
``institutions of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
(5) Metropolitan statistical area.--The term ``metropolitan
statistical area'' has the same meaning given the term by the
Bureau of the Census of the Department of Commerce.
(6) Rural area.--The term ``rural area'' means an area that
is located outside of a metropolitan statistical area.
(7) Rural law enforcement agency.--The term ``rural law
enforcement agency'' means a law enforcement agency that serves
a city, town, township, borough, or village that is located in
rural area.
(b) Grant Authority.--The Attorney General shall annually make a
grant to the National Center for Rural Law Enforcement, if the
Executive Director certifies in writing to the Attorney General that
the Center--
(1) is incorporated in accordance with applicable State
law;
(2) is in compliance with the bylaws of the Center;
(3) will use amounts made available under this section in
accordance with subsection (c); and
(4) will not support any political party or candidate for
elected or appointed office.
(c) Uses of Funds.--
(1) Required uses of funds.--The Center shall use amounts
made available under a grant this section to develop an
education and training program for rural law enforcement
agencies, and the employees of those agencies, which shall
include--
(A) the development and delivery of management
education and training, technical assistance, practical
research and evaluation, and computer and forensic
education and training for employees of rural law
enforcement agencies (including tribal law enforcement
agencies and railroad law enforcement agencies),
including supervisory and executive managers of those
agencies;
(B) conducting research into the causes and
prevention of criminal activity in rural areas,
including the causes, assessment, evaluation, analysis,
and prevention of criminal activity;
(C) the development and dissemination of
information designed to assist States and units of
local government in rural areas throughout the United
States;
(D) the establishment and maintenance of a resource
and information center for the collection, preparation,
and dissemination of information regarding criminal
justice and law enforcement in rural areas, including
programs for the prevention of crime and recidivism;
and
(E) the delivery of assistance, in a consulting
capacity, to criminal justice agencies in the
development, establishment, maintenance, and
coordination of programs, facilities and services,
training, and research relating to crime in rural
areas.
(2) Permissive uses of funds.--The Center may use amounts
made available under a grant under this section to enhance the
education and training program developed under paragraph (1),
through--
(A) educational opportunities for rural law
enforcement agencies;
(B) the development, promotion, and voluntary
adoption of educational and training standards and
accreditation certification programs for rural law
enforcement agencies and the employees of those
agencies;
(C) grants to, and contracts with, State, and local
governments, law enforcement agencies, public and
private agencies, educational institutions, and other
organizations and individuals to carry out this
paragraph;
(D) the formulation and recommendation of law
enforcement policy, goals, and standards in rural areas
applicable to criminal justice agencies, organizations,
institutions, and personnel; and
(E) coordination with institutions of higher
education for the purpose of encouraging programs of
study at those institutions for employees of rural law
enforcement agencies.
(d) Powers.--In carrying out subsection (c), the Executive Director
may--
(1) request the head of any Federal department or agency to
detail, on a reimbursable basis, 1 or more employees of that
department or agency to the Center to assist the Center in
carrying out subsection (c), and any such detail shall be
without interruption or loss of civil service status or
privilege;
(2) request the Administrator of the General Services
Administration to provide the Center, on a reimbursable basis,
the administrative support services necessary for the Center to
carry out subsection (c); and
(3) procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates of
compensation established by the Board, but not to exceed the
daily equivalent of the maximum rate of pay payable for a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(e) Reporting Requirements.--The Executive Director shall annually
submit to the Attorney General a report, which shall include--
(1) a description of the education and training program
developed under subsection (c);
(2) the number and demographic representation of
individuals who attended programs sponsored by the Center;
(3) a description of the extent to which resources of other
governmental agencies or private entities were used in carrying
out subsection (c); and
(4) a description of the extent to which contracts with
other public and private entities were used in carrying out
subsection (c).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $22,000,000 for fiscal year 2001; and
(2) such sums as may be necessary for each of fiscal years
2002 through 2006. | Requires the Center to use such funds to develop an education and training program for rural law enforcement agencies for specified purposes, including: (1) the development and delivery of management education and training for employees of such agencies; and (2) the delivery of assistance (in a consulting capacity) to criminal justice agencies in the development and coordination of programs, training, and research relating to crime in rural areas.
Permits the Center to use such funds to enhance that education and training program through specified means, including: (1) educational opportunities for rural law enforcement agencies; and (2) coordination with institutions of higher education to encourage programs of study at those institutions for employees of such agencies. | Rural Law Enforcement Assistance Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Girls in School Act''.
SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 3. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to support empowerment,
economic security, and educational opportunities for adolescent girls
around the world.
(b) Findings.--Congress makes the following findings:
(1) Adolescence is a critical period in a girl's life, when
significant physical, emotional, and social changes shape her
future.
(2) According to the United Nations Educational, Scientific
and Cultural Organization (UNESCO), approximately 130,000,000
girls around the world are not in school and millions more are
failing to acquire basic reading, writing, and numeracy skills.
(3) Girls between the ages of 10 and 19 are three times
more likely than boys to be kept out of school, particularly in
countries affected by conflict.
(4) Due to discriminatory gender norms and expectations,
disparities in access to safe and quality education manifest
early in a girl's life and continue to become more pronounced
throughout adolescence.
(5) Adolescent girls who are not in school are particularly
vulnerable to HIV/AIDS, child, early and forced marriage, and
other forms of violence which are detrimental to their futures,
as evidenced by the following statistics:
(A) Each year, 380,000 adolescent girls and young
women become newly infected with HIV, more than 1,000
every day, and comprise the fastest-growing demographic
for new infections in sub-Saharan Africa.
(B) Each year, 15,000,000 adolescent girls around
the world are married before their 18th birthday, and
more than 700,000,000 women alive today were married as
children.
(C) One-quarter to one-half of girls in developing
countries become mothers before the age of 18, and
girls under 15 are five times more likely to die during
childbirth than women in their 20s.
(6) While two-thirds of countries have achieved gender
parity in primary education, only 40 percent have achieved
gender parity in secondary education.
(7) Adolescent girls who remain in school are more likely
to live longer, marry later, have healthier children, and, as
adults, earn an income to support their families, thereby
contributing to the economic advancement of communities and
nations.
(8) The United States Global Strategy to Empower Adolescent
Girls has brought together the Department of State, the United
States Agency for International Development (USAID), the Peace
Corps, and the Millennium Challenge Corporation, as well as
other agencies and programs such as the President's Emergency
Fund for AIDS Relief (PEPFAR), to address the range of
challenges preventing adolescent girls from attaining an
inclusive and equitable quality education leading to relevant
learning outcomes.
(9) Since July 2015, more than 100 public-private
partnerships have been formed between the United States
Government and external partners to support innovative and
community-led solutions in targeted countries, including Malawi
and Tanzania, to ensure adolescent girls receive a quality
education.
(10) PEPFAR, through its DREAMS (Determined, Resilient,
Empowered, AIDS-free, Mentored, and Safe) Initiative, has
worked to address a number of the specific barriers to
education that adolescent girls face.
(11) According to the United States Global Strategy to
Empower Adolescent Girls, which is the first foreign policy
document in the world solely dedicated to the rights and
empowerment of girls globally, ``[w]hile the Millennium
Development Goals improved outcomes for girls in primary
education, they also highlighted the need for a targeted focus
on adolescents and young adults, particularly regarding the
transition to and completion of secondary school''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) education is a human right, and girls of all ages
deserve an education that is equal, in all aspects, to that of
boys;
(2) the United States has been a global leader in efforts
to expand and improve educational opportunities for those who
have been traditionally disenfranchised, particularly women and
girls;
(3) gains with respect to girls' secondary education and
empowerment have been proven to correlate strongly with
progress in gender equality and women's rights, as well as
economic and social progress, and achieving gender equality
should be a priority goal of United States foreign policy;
(4) achieving gender parity in both access to and quality
of educational opportunity contributes significantly to
economic growth and development, thereby lowering the risk for
violence and instability; and
(5) education is a lifesaving humanitarian intervention
that protects the lives, futures, and well-being of girls.
TITLE I--SECONDARY EDUCATION FOR ADOLESCENT GIRLS
SEC. 101. ADOLESCENT GIRLS EDUCATION CHALLENGE FUND.
(a) Establishment.--There is established an Adolescent Girls
Education Challenge Fund from which funds may be made available for the
Department of State, the United States Agency for International
Development, and other Federal departments and agencies to work with
external partners to implement innovative programs to ensure that
adolescent girls enroll and succeed in school.
(b) Authorized Activities.--Programs initiated through the Fund
may--
(1) create strategic, focused, cross-sectoral, and results-
oriented partnerships, including with adolescent girls, to
promote their education, economic security, and empowerment;
(2) apply comprehensive scientific and research-based
approaches, aligned, where possible, with local development
priorities, to support sustainable development outcomes;
(3) leverage additional resources from public, private,
for-profit, and nonprofit organizations, including those based
inside partner countries, as well as institutions of higher
education, United States and non-United States Government
organizations, and international donor organization to ensure
sustainable finance and impact; and
(4) ensure schools provide safe and quality educational
opportunities so that girls can enroll in and regularly attend
school, successfully transition from primary to secondary
school, and eventually graduate having achieved learning
outcomes and positioned to make healthy transitions to
adulthood.
(c) Authorization of Appropriations.--There is authorized to be
appropriated at least $35,000,000 for each fiscal year for the Fund
established under this section.
SEC. 102. ASSISTANCE TO PROMOTE EDUCATIONAL OPPORTUNITIES.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development, in coordination
with other Federal departments and agencies, are authorized to initiate
and advance programs that support educational opportunities for
adolescent girls and which reduce specific barriers adolescent girls
face in attaining inclusive and equitable educational opportunities.
(b) Specific Barriers.--In this subsection, the term ``specific
barriers'' includes--
(1) harmful societal and cultural norms;
(2) distance from a secondary school;
(3) safety at school or traveling to school;
(4) cost of secondary schooling, including fees, clothing,
and supplies;
(5) inadequate sanitation facilities and products available
at secondary schools;
(6) prioritization of boys' secondary education;
(7) poor nutrition;
(8) child, early, and forced marriage;
(9) early pregnancy and motherhood;
(10) female genital mutilation;
(11) HIV infection; and
(12) discrimination based on religious or ethnic identity.
(c) Coordination and Oversight.--The United States Agency for
International Development Senior Coordinator for International Basic
Education Assistance, in coordination with the United States Agency for
International Development Senior Coordinator for Gender Equality and
Women's Empowerment and the Ambassador-at-Large for Global Women's
Issues at the Department of State, shall be responsible for the
oversight and coordination of all resources and activities of the
United States Government relating to promoting educational
opportunities for adolescent girls.
SEC. 103. MONITORING AND EVALUATION.
The Secretary of State and the Administrator of the United States
Agency for International Development shall seek to determine that
programs carried out under this Act--
(1) employ rigorous monitoring and evaluation
methodologies, including an ex post evaluation, to ensure
programs and activities demonstrably close the gap in gender
parity for secondary education and improve the quality of
education offered to adolescent girls;
(2) disaggregate all data collected and reported by age,
gender, marital and motherhood status, and urbanity, to the
extent practicable and appropriate; and
(3) adhere to the Department of State's Policy Guidance on
Promoting Gender Equality and USAID's Gender Equality and
Female Empowerment Policy.
SEC. 104. TRANSPARENCY AND REPORTING TO CONGRESS.
Not later than March 31, 2018, and annually thereafter, the
Administrator of the United States Agency for International
Development, in coordination with the Secretary of State, shall submit
a report to the appropriate congressional committees that--
(1) details programs initiated under this Act that address
specific barriers to adolescent girls education; and
(2) describes the activities and partnerships of the
Adolescent Girls Education Challenge Fund, as well as the
outcomes and metrics used to measure its effectiveness.
SEC. 105. SUNSET.
The authorities under this title shall terminate upon certification
by the Secretary of State to the appropriate congressional committees
that gender parity in both quality of and access to secondary education
for adolescent boys and girls has been achieved in the countries which
receive United States development assistance.
TITLE II--UNITED STATES GLOBAL STRATEGY TO EMPOWER ADOLESCENT GIRLS
SEC. 201. GLOBAL STRATEGY REQUIREMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 5 years thereafter, the Ambassador-at-
Large for Global Women's Issues at the Department of State (referred to
in this title as the ``Ambassador-at-Large''), in consultation with the
Senior Coordinator for Gender Equality and Women's Empowerment at the
United States Agency for International Development (referred to in this
title as the ``Senior Coordinator''), shall--
(1) develop or review and update a United States global
strategy to empower adolescent girls;
(2) submit the strategy to the appropriate congressional
committees; and
(3) make the strategy and review publicly available on the
Internet.
(b) Initial Strategy.--For the purposes of this section, the
``United States Global Strategy to Empower Adolescent Girls'', issued
in March 2016, shall be deemed to fulfill the initial requirement under
subsection (a).
(c) Collaboration and Coordination.--In developing the strategy
under subsection (a), the Ambassador-at-Large and the Senior
Coordinator shall consult with--
(1) the heads of relevant Federal agencies and their
designees, as well as experts on adolescent girls, gender
equality, and empowerment throughout Federal agencies;
(2) the appropriate congressional committees;
(3) representatives of civil society and multilateral
organizations with demonstrated experience and expertise in
empowering adolescent girls or promoting gender equality,
including local civil society organizations and beneficiaries
where possible; and
(4) local organizations and beneficiaries, including youth
and adolescent girls' organizations. | Keeping Girls in School Act This bill establishes an Adolescent Girls Education Challenge Fund from which funds may be made available for the Department of State, the U.S. Agency for International Development (USAID), and other federal agencies to work with external partners to implement innovative programs to ensure that adolescent girls enroll and succeed in school. The State Department and USAID are authorized to initiate and advance programs that support educational opportunities for adolescent girls and that reduce specific barriers adolescent girls face in attaining inclusive and equitable educational opportunities. USAID's Senior Coordinators for International Basic Education Assistance and Gender Equality and Women's Empowerment and the State Department's Ambassador-at-Large for Global Women's Issues shall be responsible for the oversight and coordination of all U.S. resources and activities relating to promoting educational opportunities for adolescent girls. The State Department and USAID shall seek to determine that programs carried out under this bill: employ rigorous monitoring and evaluation methodologies to ensure that programs and activities demonstrably close the gap in gender parity for secondary education and improve the quality of education offered to adolescent girls; disaggregate all data collected and reported by age, gender, marital and motherhood status, and urbanity; and adhere to the State Department's Policy Guidance on Promoting Gender Equality and USAID's Gender Equality and Female Empowerment Policy. The Ambassador-at-Large for Global Women's Issues shall develop or review, update, submit to Congress, and make publicly available on the Internet a U.S. global strategy to empower adolescent girls. The U.S. Global Strategy to Empower Adolescent Girls, issued in March 2016, shall be deemed to fulfill such requirement. | Keeping Girls in School Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Payment Equity Act
of 1994''.
SEC. 2. LIMITATION ON PAYMENT OF CERTAIN BENEFITS IN EXCESS OF
CONTRIBUTIONS DURING YEARS OF HIGHER INCOME.
(a) In General.--Section 202 of the Social Security Act (42 U.S.C.
402) is amended by adding at the end the following new subsection:
``Limitation on Payment of Certain Benefits in Excess of Contributions
During Years of Higher Income
``(y)(1) Notwithstanding any other provision of this title, if,
with respect to any year of higher income for an individual--
``(A) the total amount of the adjusted values of all
benefits under subsections (a), (b), and (c) paid in months
prior to such year based on the wages and self-employment
income of such individual exceed
``(B) the total amount of the adjusted values of all OASDI
taxes paid with respect to the wages and self-employment income
of such individual, determined as of the beginning of such year
of higher income,
then the monthly benefits under subsections (a), (b), and (c) based on
the wages and self-employment income of such individual paid for any
month in such year shall be reduced (after all other deductions and
reductions applicable under this title) by the percentage reduction
specified under paragraph (2). Benefits, as reduced under this
paragraph, if not a multiple of $1, shall be increased to the next
higher multiple of $1.
``(2)(A) In the case of an individual who is not married as of the
beginning of such individual's taxable year, the percentage reduction
is the percentage specified in the following table:
``If such individual's adjusted The percentage is:
gross income for the
taxable year is:
Over $50,000 but not over $52,000............. 10 percent.
Over $52,000 but not over $54,000............. 20 percent.
Over $54,000 but not over $56,000............. 30 percent.
Over $56,000 but not over $58,000............. 40 percent.
Over $58,000 but not over $60,000............. 50 percent.
Over $60,000 but not over $62,000............. 60 percent.
Over $62,000 but not over $64,000............. 70 percent.
Over $64,000 but not over $66,000............. 80 percent.
Over $66,000 but not over $68,000............. 90 percent.
Over $68,000.................................. 100 percent.
``(B) In the case of an individual who is married as of the
beginning of such individual's taxable year, the percentage reduction
is the percentage specified in the following table:
``If the total adjusted gross The percentage is:
income of such individual
and such individual's
spouse for the taxable year
is:
Over $100,000 but not over $104,000........... 10 percent.
Over $104,000 but not over $108,000........... 20 percent.
Over $108,000 but not over $112,000........... 30 percent.
Over $112,000 but not over $116,000........... 40 percent.
Over $116,000 but not over $120,000........... 50 percent.
Over $120,000 but not over $124,000........... 60 percent.
Over $124,000 but not over $128,000........... 70 percent.
Over $128,000 but not over $132,000........... 80 percent.
Over $132,000 but not over $136,000........... 90 percent.
Over $136,000................................. 100 percent.
``(3) For purposes of this subsection:
``(A) The term `year of higher income' for an individual
means any taxable year--
``(I) if, in the case of an individual who is not
married as of the beginning of such taxable year, the
adjusted gross income of such individual for such
taxable year exceeds $50,000, or
``(II) if, in the case of an individual who is
married as of the beginning of such taxable year, the
total adjusted gross income of such individual and such
individual's spouse for such taxable year exceeds
$100,000.
``(B) The term `adjusted gross income' has the meaning
provided in section 62 of the Internal Revenue Code of 1986.
``(C) The term `adjusted value' of an amount means such
amount, plus interest on such amount computed at a rate equal
to 2 percent, compounded annually.
``(D) The term `OASDI taxes' means the taxes imposed under
sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue
Code of 1986.
``(4) The Commissioner of Social Security shall provide by
regulation for the maintenance of such records, relating to individuals
on the basis of whose wages and self-employment income benefits under
subsection (a), (b), and (c) are otherwise payable under this section,
of total benefits paid and OASDI taxes paid, as is necessary to
preclude, to the maximum extent practicable, overpayments and
underpayments of benefits resulting from the operation of this
subsection. The Commissioner and the Secretary of the Treasury shall
enter into such arrangements as are necessary to ensure that such
records maintained by the Commissioner are currently accurate at all
times.
``(5)(A) In any case in which a taxable year of an individual is a
year of higher income for such individual, if a benefit under
subsection (a), (b), or (c) has been paid for any month in such year on
the basis of such individual's wages and self-employment income, such
individual (or the individual who is in receipt of such benefit on his
behalf) shall make a report to the Commissioner of Social Security of
his adjusted gross income, and (if he is married) the adjusted gross
income of his spouse, for such taxable year. Such report shall be made
on or before the fifteenth day of the fourth month following the close
of such year, and shall contain such information and be made in such
manner as the Commissioner may by regulations prescribe. The
Commissioner may grant a reasonable extension of time for making such
report if he finds that there is valid reason for a delay, but in no
case may the period be extended more than three months.
``(B) If an individual fails to make a report required under
subparagraph (A), within the time prescribed by or in accordance with
such subparagraph, for any taxable year and a benefit based on such
individual's wages and self-employment income is paid for any month in
such taxable year or the next following taxable year which is in excess
of the amount payable by reason of this subsection, he shall be deemed
to have been overpaid for such month an additional amount as follows:
``(i) in the case of the first such month for which a
benefit is paid in excess of the amount payable by reason of
this subsection, the additional amount shall be equal to the
amount of such excess;
``(ii) in the case of the second such month for which a
benefit is paid in excess of the amount payable by reason of
this subsection, the additional amount shall be equal to two
times the amount of such excess; and
``(iii) in the case of the third or a subsequent such month
for which a benefit is paid in excess of the amount payable by
reason of this subsection, the additional amount shall be equal
to three times the amount of such excess;
except that additional amounts of overpayment determined under this
paragraph shall be determined only for months for which the benefit in
excess of the amount payable was received and accepted.
``(C)(i)(I) If the Commissioner of Social Security determines, on
the basis of information obtained by or submitted to him, that it may
reasonably be expected that benefits under subsection (a), (b), or (c)
based on an individual's wages and self-employment income will not be
payable (in whole or in part) for any month in a taxable year of such
individual by reason of this subsection, the Commissioner may, before
the close of such taxable year, suspend the payment (in whole or in
part) for each month in such year (or for only such months as the
Commissioner may specify) of such benefits. Such suspension shall
remain in effect with respect to the benefits for any month until the
Commissioner has determined the extent to which benefits are payable
under this subsection.
``(II) The Commissioner of Social Security may, before the close of
the taxable year of an individual on whose wages and self-employment
income benefits are otherwise payable during such year, request of such
individual that he make, at such time or times as the Commissioner may
specify, a declaration of his estimated adjusted gross income (or the
estimated total adjusted gross income for him and his spouse) for the
taxable year and that he furnish to the Commissioner such other
information with respect to such income as the Commissioner may
specify. A failure by such individual to comply with any such request
shall in itself constitute justification for a determination under
subclause (I) that it may reasonably be expected that such benefits are
not payable (in whole or in part) by reason of this subsection.
``(III) If the payment of benefits under subsection (a), (b), or
(c) based on the wages and self-employment income of an individual have
been suspended (in whole or in part) for all months in any taxable year
of such individual under subclause (I), no payment of such unpaid
benefits shall be made for any such month in such taxable year after
the expiration of the period of three years, three months, and fifteen
days following the close of such taxable year unless within such period
the individual, or some other person entitled to benefits under this
title on the basis of the same wages and self-employment income, files
with the Commissioner of Social Security information showing that the
unpaid portion of a benefit for such month is payable to such
individual.
``(ii) If, after the close of a taxable year of an individual on
whose wages and self-employment income benefits under subsection (a),
(b), or (c) were otherwise payable for months in such year, the
Commissioner of Social Security requests such individual to furnish a
report of his adjusted gross income (or the total adjusted gross income
of him and his spouse) for such taxable year or any other information
with respect to such income which the Commissioner may specify, and the
individual fails to comply with such request, such failure shall in
itself constitute justification for a determination that such benefits
were not payable (in whole or in part) for each month in such taxable
year (or only for such months thereof as the Commissioner may specify)
by reason of this subsection.
``(D) The Commissioner of Social Security shall develop and
implement procedures in accordance with this paragraph to avoid paying
more than the correct amount of benefits under subsection (a), (b), or
(c) as a result of the failure of the individual on whose wages and
self-employment income such benefits are based to file a correct report
or estimate of adjusted gross income. Such procedures may include
identifying categories of individuals on the basis of whose wages and
self-employment income benefits which are not payable (in whole or in
part) under this subsection are likely to be paid and requesting that
they estimate their adjusted gross income (or the total adjusted gross
income of them and their spouses) more frequently than other persons
subject to this subsection.
``(6) Benefits which would, but for the provisions of paragraph
(1), be payable under this title, on the basis of the wages and self-
employment income of the individual referred to in paragraph (1), to
any other individual (other than the individuals to whom benefits based
on such wages and self-employment income are not payable by reason of
paragraph (1)) shall be payable as though such individuals were
receiving such benefits.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to benefits otherwise payable in taxable years
ending after December 31, 1995.
SEC. 3. INFORMATION RELATING TO BENEFIT LIMITATIONS PROVIDED IN SOCIAL
SECURITY ACCOUNT STATEMENTS.
(a) In General.--Section 1143 of the Social Security Act (42 U.S.C.
1320b-13) is amended--
(1) in the heading for subsection (a), by striking ``Upon
Request'' and inserting ``of Annual Statements'';
(2) in subsection (a)(1), by striking ``Beginning'' and all
that follows and inserting the following: ``Not later than
October 1 of each year, the Commissioner of Social Security
shall provide an annual social security account statement
(hereinafter in this section referred to as the `statement') to
each eligible individual for whom a mailing address can be
determined through such methods as the Commissioner determines
to be appropriate.'';
(3) in subsection (a)(2)(A), by striking ``at the date of
the request'';
(4) in subsection (a)(2)(B), by striking ``on the date of
the request'';
(5) in subsection (a)(2)(C), by striking ``on the date of
the request'' and by striking ``and'' at the end;
(6) in subsection (a)(2)(D), by inserting ``in the case of
individuals not receiving benefits,'' after ``(D)'', and by
striking ``title XVIII.'' and inserting ``title XVIII; and'';
(7) by adding after subparagraph (D) the following:
``(E) a table setting forth an estimate, in relation to
1980 and every 10th year thereafter through 2030, of the
following information:
``(i) the total amount of the adjusted values of
all employee, employer, and self-employment
contributions made with respect to the wages and self-
employment income of the average earner retiring at
retirement age in each such year;
``(ii) the total amount of the adjusted values of
the monthly benefits paid under subsections (a), (b),
and (c) of section 202, as of the date of the
statement, on the basis of the wages and self-
employment income of the average earner retiring at
retirement age in each such year; and
``(iii) the total amount of the adjusted values of
the monthly benefits which will have been paid under
such subsections, as of the time of the death of the
average earner retiring at retirement age in each such
year, on the basis of his or her wages and self-
employment income, determined under generally accepted
actuarial assumptions.
For purposes of subparagraph (E), the term `adjusted value' of
an amount means such amount, plus interest on such amount
computed at a rate equal to 2 percent, compounded annually.'';
(8) by striking subsection (b);
(9) in subsection (c)--
(A) by striking the heading and inserting the
following:
``Required Estimates of Benefits'';
(B) by striking ``(c)(1) By not later'' and all
that follows through ``With respect to'' in paragraph
(2) and inserting ``(b) With respect to''; and
(C) by adding at the end the following new
sentence: ``The Commissioner shall provide such
estimates of retirement benefit amounts to eligible
individuals who have not attained age 50 upon
request.''; and
(10) by adding at the end the following new subsection:
``Inclusion of Statements to Retirees with Other Mailings
``(c) The Commissioner of Social Security shall ensure that
statements provided to eligible individuals who are receiving benefits
under title II are included to the maximum extent practicable with
mailings otherwise made to such individuals. The Commissioner shall
consult with the Secretary of the Treasury in carrying out the
requirement of this subsection and such Secretary shall provide such
appropriate assistance to the Commissioner as is necessary to carry out
such requirements.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to statements provided on or after October 1, 1995.
SEC. 4. GRADUAL INCREASE IN RETIREMENT AGE COMMENCING WITH CALENDAR
YEAR 1996 AND REACHING AGE 68 FOR THOSE ATTAINING AGE 65
IN OR AFTER CALENDAR YEAR 2031.
(a) In General.--Section 216(l)(1) of the Social Security Act (42
U.S.C. 416(l)(1)) is amended by striking subparagraphs (A) through (E)
and inserting the following:
``(A) with respect to an individual who attains early
retirement age (as defined in paragraph (2)) before January 1,
1993, 65 years of age;
``(B) with respect to an individual who attains early
retirement age after December 31, 1992, and before January 1,
2028, 65 years of age plus the number of months in the age
increase factor (as determined under paragraph (3)) for the
calendar year in which such individual attains early retirement
age; and
``(C) with respect to an individual who attains early
retirement age after December 31, 2027, 68 years of age.''.
(b) Conforming Amendment.--Section 216(l)(3) of such Act (42 U.S.C.
416(l)(3)) is amended to read as follows:
``(3) The age increase factor for any individual who attains early
retirement age in the 35-year period consisting of calendar years 1993
through 2027 shall be equal to \1/12\ of the number of months in the
period beginning with January 1993 and ending with the last month of
the calendar year in which the individual attains early retirement
age.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to benefits for months after the date of the
enactment of this Act.
(2) Transition rule.--In any case in which an individual is
entitled to a benefit under title II of the Social Security Act
for the month in which this Act is enacted, the amount of any
benefit of such individual under such title II for any
subsequent month (based on the primary insurance amount of the
individual on whose primary insurance amount such benefit for
the month in which this Act is enacted is based) shall not be
reduced, solely by reason of the amendments made by this
section, below the amount of such benefit for the month in
which this Act is enacted.
HR 5308 IH----2 | Social Security Payment Equity Act of 1994 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) to set limits on payment of OASDI benefits during any year, based on the work record of an individual with higher levels of income for such year, if total payments of such benefits have exceeded prior contributions plus interest. Specifies schedules of benefit reductions from ten percent to 100 percent for single and for married individuals.
Requires the Commissioner of Social Security to provide annual social security account statements to eligible individuals with respect to such benefit limitations.
Adjusts the gradual increase in retirement age from 65 to 68 so as to commence with calendar year 1996 and reach age 68 for those who would attain age 65 in or after calendar year 2031. | Social Security Payment Equity Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Protection Act of 2000''.
TITLE I--PUBLIC AVAILABILITY OF PHYSICIAN INFORMATION IN NATIONAL
PRACTITIONER DATA BANK
SEC. 101. PUBLIC AVAILABILITY OF PHYSICIAN INFORMATION.
(a) In General.--Part B of the Health Care Quality Improvement Act
of 1986 (42 U.S.C. 11131 et seq.) is amended by inserting after section
427 the following section:
``SEC. 428. PUBLIC AVAILABILITY OF PHYSICIAN INFORMATION.
``(a) In General.--Not later than January 31, 2001, the Secretary,
notwithstanding any other provision of this part, shall in accordance
with this section promulgate regulations under which the public may,
through the method described in subsection (c), obtain information
reported under this part on physicians.
``(b) Limitations.--The following information on a physician may
not under subsection (a) be made available to the public:
``(1) Information disclosing the identity of any patient
involved in the incidents involved.
``(2) The home address of the physician.
``(3) The social security account number of the physician.
``(4) The date of birth of the physician.
``(5) The number assigned to the physician by the Drug
Enforcement Administration.
``(6) The name, title, and telephone number of the official
with responsibility for submitting the report on behalf of the
entity.
``(c) Use of Internet.--For purposes of subsection (a), the method
described in this subsection is to make the information involved
available to the public, without charge, through the telecommunications
medium known as the World Wide Web of the Internet. The Secretary,
acting through the Administrator of the Health Resources and Services
Administration, shall provide for the establishment of a site on such
medium, and shall update the information maintained through such medium
not less frequently than monthly.
``(d) Statement of Physician.--Regulations under subsection (a)
shall require that each disclosure under such subsection include any
statement that was submitted under section 426(b) by the physician
involved.
``(e) Context of Disclosed Information on Medical Malpractice
Payments.--With respect to information reported under section 421 on a
physician, regulations under subsection (a) shall require that a
disclosure of a report under such section be accompanied by
supplemental information in accordance with the following:
``(1) For each State for which such a report is made on the
physician:
``(A) The information under section 421 shall be
presented in context by comparing the physician
involved to the experiences of other physicians in the
same specialty in the same State.
``(B) In disclosing the amount of the payment
reported under section 421(b)(2):
``(i) The amount shall be presented in
context by categorizing the amount in a manner
that indicates the level of significance of the
payment in relation to amounts reported under
such section for other physicians in the same
specialty in the same State. For such purposes,
there shall be a minimum of three graduated
categories.
``(ii) The disclosure shall state whether
the amount was made in settlement (or partial
settlement) of, or in satisfaction of a
judgment in, a medical malpractice action or
claim.)
``(2) A statement providing that a payment made pursuant to
a medical malpractice action or claim may occur for a variety
of reasons which do not necessarily reflect negatively on the
professional competence or conduct of the physician.
``(3) A statement providing that a payment made pursuant to
a medical malpractice action or claim should not be construed
as creating a presumption that medical malpractice has
occurred.
``(4) A statement providing that some physicians work
primarily with high risk patients, and such physicians may have
numbers of medical malpractice actions or claims that are
higher than average for their specialties because they
specialize in cases or patients who are at very high risk for
medical problems.
``(5) A statement providing that--
``(A) malpractice histories tend to vary by
specialty, and some specialties are more likely than
others to be the subject of litigation, and
``(B) the disclosure and accompanying information
compare physicians only to the members of their
specialty, not to all physicians, in order to make an
individual physician's history more meaningful.
``(6) A statement providing that--
``(A) malpractice histories tend to vary by State,
and due to variations in State laws, physicians in some
States are more likely than those in other States to be
the subject of litigation, and
``(B) the disclosure and accompanying information
compare physicians only to other physicians within a
given State, not to all physicians, in order to make an
individual physician's history more meaningful.
``(f) Context of Disclosed Information Regarding Criminal Acts.--
With respect to information that under section 422(c) or 424A is
reported on a physician, regulations under subsection (a) shall require
that a disclosure of a report under such a section be accompanied by a
statement providing that the disclosure may fail to provide all crime-
related information on the physician because the availability of such
information depends in part on State laws and in part on self-reporting
by physicians.''.
(b) Disclosure.--Section 427(b)(1) of the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11137(b)(1)) is amended by striking
``Information reported'' and inserting ``Except for the disclosure of
information authorized by this title, information reported''.
(c) Fees.--Section 427(b) of the Health Care Quality Improvement
Act of 1986 (42 U.S.C. 11137(b)) is amended by striking paragraph (4).
TITLE II--REPORTING REQUIREMENTS REGARDING NATIONAL PRACTITIONER DATA
BANK
SEC. 201. REQUIRING REPORTS ON MEDICAL MALPRACTICE PAYMENTS.
Section 421(b) of the Health Care Quality Improvement Act of 1986
(42 U.S.C. 11131(b)) is amended--
(1) by redesignating paragraph (5) as paragraph (6);
(2) in paragraph (4), by striking ``and'' after the comma
at the end; and
(3) by inserting after paragraph (4) the following
paragraph:
``(5) in the case of a physician--
``(A) the medical field of the physician, including
the medical specialty,
``(B) the date on which the physician was first
licensed in the medical field and specialty, and the
number of years the physician has been practicing in
such field and specialty, and
``(C) the professional license number of the
physician, and the name of the State in which the
license is held, and''.
SEC. 202. REPORTING OF SANCTIONS TAKEN BY BOARDS OF MEDICAL EXAMINERS.
(a) In General.--Section 422(a) of the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11132(a)) is amended--
(1) in paragraph (1)(A), by striking ``which revokes or
suspends'' and inserting ``which denies, revokes, or
suspends''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``(if known)''
and all that follows and inserting ``for the action
described in paragraph (1)(A) that was taken with
respect to the physician or, if known, for the
surrender of the license,'';
(B) by redesignating subparagraph (C) as
subparagraph (F);
(C) by inserting after subparagraph (B) the
following subparagraphs:
``(C) the medical field of the physician, including
the medical specialty,
``(D) the date on which the physician was first
licensed in the medical field and specialty, and the
number of years the physician has been practicing in
such field and specialty, and
``(E) the professional license number of the
physician, and the name of the State in which the
license is held, and''.
(b) Criminal Acts of Physicians.--Section 422 of the Health Care
Quality Improvement Act of 1986 (42 U.S.C. 11132) is amended by adding
at the end the following subsection:
``(c) Criminal Acts of Physicians.--
``(1) In general.--Each Board of Medical Examiners shall
report, in accordance with section 424, the information
described in paragraph (2), to the extent that the information
is collected by such Board.
``(2) Information to be reported.--With respect to the
Board of Medical Examiners of a State, the information to be
reported under paragraph (1) is as follows:
``(A) A description of felony convictions of
physicians in courts of the State or other States.
``(B) A description of such misdemeanor convictions
of physicians in such courts as in the Secretary's
discretion may reflect on quality health matters.
``(C) A description of any criminal charges in such
courts to which the physician pled nolo contendere.''.
(c) Contextual Information Regarding Disclosures of Physician
Information.--Section 422 of the Health Care Quality Improvement Act of
1986, as amended by subsection (b) of this section, is amended by
adding at the end the following subsection:
``(d) Contextual Information Regarding Disclosures of Physician
Information.--Each Board of Medical Examiners shall, in accordance with
section 424, report to the Secretary such information as the Secretary
may request from the Board for purposes of assisting the Secretary in
making disclosures in accordance with section 428(e), to the extent
that such information is collected by such Board.''.
(d) Conforming Amendment.--Subsections (a) and (b) of section 424
of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11134)
are each amended by striking ``section 422(a)'' and inserting ``section
422''.
SEC. 203. REPORTING OF CERTAIN PROFESSIONAL REVIEW ACTIONS TAKEN BY
HEALTH CARE ENTITIES.
(a) In General.--Section 423(a)(3) of the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11133(a)(3)) is amended--
(1) in subparagraph (B), by striking ``and'' after
``surrender,'';
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following
subparagraph:
``(C) in the case of a physician--
``(i) the medical field of the physician,
including the medical specialty,
``(ii) the date on which the physician was
first licensed in the medical field and
specialty, and the number of years the
physician has been practicing in such field and
specialty, and
``(iii) the professional license number of
the physician, and the name of the State in
which the license is held, and''.
(b) Applicability of Requirements to Federal Entities.--
(1) In general.--Section 423 of the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11133) is amended by adding
at the end the following subsection:
``(e) Applicability to Federal Facilities and Physicians.--
``(1) In general.--Subsection (a) applies to Federal health
facilities (including hospitals) and actions by such facilities
regarding the competence or professional conduct of Federal
physicians to the same extent and in the same manner as such
subsection applies to health care entities and professional
review actions.
``(2) Relevant board of medical examiners.--For purposes of
paragraph (1), the Board of Medical Examiners to which a
Federal health facility is to report is the Board of Medical
Examiners of the State within which the facility is located.''.
(2) Conforming amendment.--Section 432 of the Health Care
Quality Improvement Act of 1986 (42 U.S.C. 11152) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b).
SEC. 204. PHYSICIAN SELF-REPORTING REGARDING FELONY CONVICTIONS.
Part B of the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11131 et seq.) is amended by inserting after section 424 the
following section:
``SEC. 424A. PHYSICIAN SELF-REPORTING REGARDING FELONY CONVICTIONS.
``(a) In General.--Each physician shall report, in accordance with
subsection (b), each felony conviction of the physician.
``(b) Form of Reporting.--The information required to be reported
under subsection (a) shall--
``(1) be reported regularly (but not less often than
monthly) and in such form and manner as the Secretary
prescribes, and
``(2) be reported to the Secretary, or, in the Secretary's
discretion, to the agency described in section 424(b).
``(c) Sanctions for Failure To Report.--Any physician who fails to
report information on a felony conviction required to be reported under
this section shall be subject to a civil money penalty of not more than
$10,000 for each such failure to report. Such penalty shall be imposed
and collected in the same manner as civil money penalties under
subsection (a) of section 1128A of the Social Security Act are imposed
and collected under that section.''.
SEC. 205. NOTICE TO PRACTITIONERS; CORRECTION OF INFORMATION.
Section 426 of the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11136) is amended--
(1) by inserting ``(a) In General.--'' before ``With
respect to'';
(2) in subsection (a) (as so designated), in paragraph (1),
by striking ``, upon request,''; and
(3) by adding at the end the following subsection:
``(b) Statement of Practitioner.--
``(1) In general.--With respect to information reported
under this part, if the physician or other licensed health care
practitioner involved submits to the Secretary a statement
regarding the information so reported, the statement shall be
made a part of the report involved, subject to paragraph (2).
Such a statement may be made at any time, and may be revised.
``(2) Length of statement.--Paragraph (1) applies to a
statement by a physician or other licensed health care
practitioner only if the statement does not exceed 4,000
characters, including spaces and punctuation.
``(3) Notice.--In carrying out subsection (a)(1), the
Secretary shall inform the practitioner involved that a
statement under paragraph (1) may be submitted, and that the
statement is subject to the limitation described in paragraph
(2).''.
TITLE III--DUTY TO OBTAIN INFORMATION
SEC. 301. DUTY OF HOSPITALS TO OBTAIN INFORMATION.
Section 425 of the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11135) is amended by adding at the end the following subsection:
``(d) Applicability to Federal Hospitals.--This section applies to
Federal hospitals to the same extent and in the same manner as such
subsection applies to other hospitals.''.
SEC. 302. DUTY OF BOARDS OF MEDICAL EXAMINERS TO OBTAIN INFORMATION.
Part B of the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11131 et seq.) is amended by inserting after section 425 the
following section:
``SEC. 425A. DUTY OF BOARDS OF MEDICAL EXAMINERS TO OBTAIN INFORMATION.
``(a) In General.--Effective six months after the date of the
enactment of the Patient Protection Act of 2000, it is the duty of each
Board of Medical Examiners to request from the Secretary (or the agency
designated under section 424(b)) information reported under this part
concerning a physician--
``(1) at the time the physician submits the initial
application for a physician's license in the State involved,
and
``(2) at each time the physician submits an application to
continue in effect the license.
A Board of Medical Examiners may request information reported under
this part concerning a physician at other times.
``(b) Failure To Obtain Information.--With respect to an action for
mandamus or other cause of action against a Board of Medical Examiners,
a Board which does not request information respecting a physician as
required under subsection (a) is presumed to have knowledge of any
information reported under this part to the Secretary with respect to
the physician.
``(c) Reliance on Information Provided.--With respect to a cause of
action against a Board of Medical Examiners, each Board of Medical
Examiners may rely upon information provided to the Board under this
title, unless the Board has knowledge that the information provided was
false.''.
TITLE IV--GENERAL PROVISIONS
SEC. 401. REQUEST OF BOARD OF MEDICAL EXAMINERS REGARDING PHYSICIAN
INFORMATION IN NATIONAL PRACTITIONER DATA BANK.
Section 427(a) of the Health Care Quality Improvement Act of 1986
(42 U.S.C. 11137(a)) is amended by adding at the end the following:
``The Secretary (or the agency designated under section 424(b)) shall,
upon request, provide the Board of Medical Examiners of a State a
summary of information reported under this part on physicians who are
licensed in that State. For each physician included in such a summary,
the summary shall at a minimum provide the name, address, total number
of reports of such information, and the number of reports for each
report type.''.
SEC. 402. REGULATIONS; EFFECTIVE DATE.
The Secretary of Health and Human Services shall promulgate a final
rule to implement the amendments made by this Act not later than
January 31, 2001. Such amendments take effect 30 days after the date on
which such final rule is promulgated. | Title II: Reporting Requirements Regarding National Practitioner Data Bank
- Requires the inclusion, within certain reports required for such Data Bank, of information regarding the physician's medical field, date of licensing and years of experience, and professional license number. Requires each State Board of Medical Examiners to report criminal acts of physicians.
Requires each physician to report, for the Data Bank, each felony conviction and sets forth sanctions for failure to report.
Title III: Duty to Obtain Information
- Requires Federal hospitals and State Boards of Medical Examiners to obtain physician information required under this Act.
Title IV: General Provisions
- Requires the Secretary, on request, to provide State Boards of Medical Examiners a summary of information reported in the Data Bank on physicians licensed in that State. | Patient Protection Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``10 Million Solar Roofs Act of
2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible participant.--The term ``eligible
participant'' means--
(A) an owner of a home;
(B) a business entity;
(C) a local educational agency; and
(D) any other individual or entity that the
Secretary determines to be appropriate.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Installed nameplate capacity.--The term ``installed
nameplate capacity'' means the maximum output of a solar
electric system under specific conditions designated by the
manufacturer of the solar electric system.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Solar energy system.--The term ``solar energy system''
means rooftop- or ground-mounted solar equipment--
(A) that is used to generate electricity or heat
water; and
(B) with an installed nameplate capacity not
exceeding 1 megawatt or the thermal equivalent of 1
megawatt.
SEC. 3. REBATES, LOANS, AND OTHER INCENTIVES FOR PURCHASE AND
INSTALLATION OF SOLAR ENERGY SYSTEMS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall establish a program under which the
Secretary shall provide competitive grants to States, Indian tribes,
and local governments to provide rebates, loans, or other incentives to
eligible participants for the purchase and installation of solar energy
systems for properties located in the United States.
(b) Implementation.--
(1) Competitive grants.--
(A) In general.--For each fiscal year, the
Secretary shall provide competitive grants to States,
Indian tribes, and local governments to be used in
accordance with this section.
(B) Requirements.--The Secretary shall adopt and
implement criteria for awarding competitive grants
under subparagraph (A) to States, Indian tribes, and
local governments that would--
(i) provide the maximum leverage of Federal
funds;
(ii) provide for the maximum deployment of
solar energy;
(iii) ensure that grants are awarded to a
diversity of geographic locations and
recipients with different population sizes;
(iv) provide not less than 2 percent of the
funds available to Indian tribes and consortia
of Indian tribes; and
(v) provide a preference for grant
recipients that have established and
maintained, or agree to commit to establish and
maintain, standards and policies to overcome
barriers to distributed generation (including
interconnection and net metering) in a manner
consistent with the legal authorities of the
grant recipient.
(2) Authorized use of funds.--Subject to subsection (c),
competitive grants provided under this section may be used to
expand an existing, or establish and fund a new--
(A) solar rebate program;
(B) solar loan program;
(C) solar performance-based incentive program; or
(D) solar incentive program, solar deployment
program or project, or innovative solar financing
program not described in subparagraphs (A) through (C),
as determined by the Secretary.
(3) Program requirements.--For each fiscal year during
which a grant recipient uses funds provided under this section,
the grant recipient shall--
(A) certify to the Secretary that the funds will be
used--
(i) to supplement, expand, or create new
programs or projects and will not supplant
existing programs as to maximize program
participation; and
(ii) to deploy an increased quantity of
solar energy systems; and
(B) submit to the Secretary an implementation plan
that contains--
(i) projections for solar energy systems
deployment;
(ii) data regarding the number of eligible
participants that are assisted under existing
applicable State and local programs; and
(iii) projections for--
(I) additional solar energy system
deployment; and
(II) the number of additional
eligible participants who will be
covered by the annual implementation
plan.
(c) Solar Energy System.--With respect to grant awards in any
fiscal year under this section, the Secretary may specify the type and
capacity of the solar energy system and type of deployment or incentive
program for which the grant funds are made available.
(d) Non-Federal Share.--Each eligible entity that receives funds
under this section shall be responsible for an amount equal to 20
percent of the amount of the provided funds.
(e) Administrative Expenses.--
(1) In general.--Not more than 5 percent of the amounts
made available for each fiscal year under this section may be
used to pay the administrative expenses of the Department of
Energy that the Secretary determines to be necessary to carry
out this Act (including expenses arising from monitoring and
evaluation).
(2) Eligible entities; other grant recipients.--Grant
recipients may use amounts made available for each fiscal year
under this section to pay for administrative expenses in
accordance with section 545(b)(3)(A) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17155(b)(3)(A)).
(f) Relationship to Other Law.--An eligible participant that
receives a rebate under this section shall not be eligible for a rebate
under section 206(c) of the Energy Policy Act of 2005 (42 U.S.C.
15853).
(g) Coordination; Consultation.--To the maximum extent practicable,
the Secretary shall consult with the Secretary of the Treasury and the
Chief Executive of each grant recipient that receives funds under this
section to ensure that each program carried out by each grant recipient
through the use of the funds is coordinated with each other applicable
incentive or financing program of the Federal Government or any other
applicable program.
(h) Maximum Incentive.--
(1) In general.--With respect to each rebate, grant, and
tax credit provided to an eligible participant under this
section, the aggregate value of the grants, rebates, and tax
credits may not exceed 50 percent of the cost to the purchaser
of the purchase and installation of the solar energy system.
(2) Effect.--Nothing in this subsection affects any solar
loan or financing program under this section or any other law
(including regulations).
(i) Goal.--It is the goal of the United States, through this Act
and any appropriate incentive or research and development program, to
install distributed solar energy systems on not less than 10,000,000
properties located in the United States by December 31, 2021.
(j) Report Regarding Additional Recommendations.--Not later than
270 days after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that contains additional recommendations that
the Secretary determines to be necessary to achieve the goal described
in subsection (i), including any modification to the program
established under subsection (a).
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) for fiscal year 2012, $250,000,000; and
(2) for each of fiscal years 2013 through 2021, such sums
as are necessary. | 10 Million Solar Roofs Act of 2010 - Directs the Secretary of Energy (DOE) to establish a program under which the Secretary shall provide competitive grants to states, Indian tribes, and local governments to provide rebates, loans, or other incentives to eligible participants for the purchase and installation of solar energy systems for properties located in the United States.
Requires the Secretary to implement specified criteria for awarding such grants that includes: (1) providing the maximum leverage of federal funds; (2) providing for the maximum deployment of solar energy; and (3) ensuring that grants are awarded to a diversity of geographic locations and recipients with different population sizes.
Authorizes the use of funds received to expand or establish a solar rebate program, a solar loan program, a solar performance-based incentive program, or another solar incentive program, solar deployment program or project, or innovative solar financing program as determined by the Secretary. Requires a grant recipient to: (1) certify that funds will be used to supplement, expand, or create new programs and to deploy an increased quantity of solar energy systems; and (2) submit to the Secretary an implementation plan that contains projections for solar energy systems deployment, data regarding the number of eligible participants that are assisted under existing applicable state and local programs, and projections for additional solar energy system deployment and the number of additional eligible participants covered.
Authorizes the Secretary to specify the type and capacity of solar energy system and type of deployment or incentive program for which the grant funds are made available. Makes each eligible entity receiving funds responsible for 20% of the amount of the provided funds.
Provides that a participant who receives a rebate under this Act shall not be eligible for a rebate for expenditures for installation of a renewable energy system in connection with a dwelling unit or small business under the Energy Policy Act of 2005.
Limits the aggregate value of the grants, rebates, and tax credits provided to an eligible participant to 50% of the cost to the purchaser of the purchase and installation.
Sets a goal of installing distributed solar energy systems on not less than 10 million properties located in the United States by December 31, 2021. | To require the Secretary of Energy to provide competitive grants to States, Indian tribes, and local governments for rebates, loans, and other incentives to eligible individuals or entities for the purchase and installation of solar energy systems for properties located in the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Benefit Enhancements
for Women Act of 2002''.
SEC. 2. REPEAL OF 7-YEAR RESTRICTION ON ELIGIBILITY FOR WIDOW'S AND
WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY.
(a) Widow's Insurance Benefits.--
(1) In general.--Section 202(e) of the Social Security Act
(42 U.S.C. 402(e)) is amended--
(A) in paragraph (1)(B)(ii), by striking ``which
began before the end of the period specified in
paragraph (4)'';
(B) in paragraph (1)(F)(ii), by striking ``(I) in
the period specified in paragraph (4) and (II)'';
(C) by striking paragraph (4) and by redesignating
paragraphs (5) through (9) as paragraphs (4) through
(8), respectively; and
(D) in paragraph (4)(A)(ii) (as redesignated), by
striking ``whichever'' and all that follows through
``begins'' and inserting ``the first day of the
seventeenth month before the month in which her
application is filed''.
(2) Conforming amendments.--
(A) Section 202(e)(1)(F)(i) of such Act (42 U.S.C.
402(e)(1)(F)(i)) is amended by striking ``paragraph
(5)'' and inserting ``paragraph (4)''.
(B) Section 202(e)(1)(C)(ii)(III) of such Act (42
U.S.C. 402(e)(2)(C)(ii)(III)) is amended by striking
``paragraph (8)'' and inserting ``paragraph (7)''.
(C) Section 202(e)(2)(A) of such Act (42 U.S.C.
402(e)(2)(A)) is amended by striking ``paragraph (7)''
and inserting ``paragraph (6)''.
(D) Section 226(e)(1)(A)(i) of such Act (42 U.S.C.
426(e)(1)(A)(i)) is amended by striking ``202(e)(4),''.
(b) Widower's Insurance Benefits.--
(1) In general.--Section 202(f) of such Act (42 U.S.C.
402(f)) is amended--
(A) in paragraph (1)(B)(ii), by striking ``which
began before the end of the period specified in
paragraph (5)'';
(B) in paragraph (1)(F)(ii), by striking ``(I) in
the period specified in paragraph (5) and (II)'';
(C) by striking paragraph (5) and by redesignating
paragraphs (6) through (9) as paragraphs (5) through
(8), respectively; and
(D) in paragraph (5)(A)(ii) (as redesignated), by
striking ``whichever'' and all that follows through
``begins'' and inserting ``the first day of the
seventeenth month before the month in which his
application is filed''.
(2) Conforming amendments.--
(A) Section 202(f)(1)(F)(i) of such Act (42 U.S.C.
402(f)(1)(F)(i)) is amended by striking ``paragraph
(6)'' and inserting ``paragraph (5)''.
(B) Section 202(f)(1)(C)(ii)(III) of such Act (42
U.S.C. 402(f)(2)(C)(ii)(III)) is amended by striking
``paragraph (8)'' and inserting ``paragraph (7)''.
(C) Section 226(e)(1)(A)(i) of such Act (as amended
by subsection (a)(2)) is further amended by striking
``202(f)(1)(B)(ii), and 202(f)(5)'' and inserting ``and
202(f)(1)(B)(ii)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months after November 2002.
SEC. 3. EXEMPTION FROM TWO-YEAR WAITING PERIOD FOR DIVORCED SPOUSE'S
BENEFITS UPON OTHER SPOUSE'S REMARRIAGE.
(a) Wife's Insurance Benefits.--Section 202(b)(5)(A) of the Social
Security Act (42 U.S.C. 402(b)(5)(A)) is amended by adding at the end
the following new sentence: ``The criterion for entitlement under
clause (ii) shall be deemed met upon the remarriage of the insured
individual to someone other than the applicant during the 2-year period
referred to in such clause.''.
(b) Husband's Insurance Benefits.--Section 202(c)(5)(A) of such Act
(42 U.S.C. 402(c)(5)(A)) is amended by adding at the end the following
new sentence: ``The criterion for entitlement under clause (ii) shall
be deemed met upon the remarriage of the insured individual to someone
other than the applicant during the 2-year period referred to in such
clause.''.
(c) Conforming Amendment to Exemption of Insured Individual's
Divorced Spouse From Earnings Test as Applied to the Insured
Individual.--Section 203(b)(2)(B) of such Act (42 U.S.C. 403(b)(2)(B))
is amended by adding at the end the following new sentence: ``The
requirement under such clause (ii) shall be deemed met upon the
remarriage of the insured individual to someone other than the
individual referred to in paragraph (1) during the 2-year period
referred to in such clause.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months after November 2002.
SEC. 4. MONTHS ENDING AFTER DECEASED INDIVIDUAL'S DEATH DISREGARDED IN
APPLYING EARLY RETIREMENT RULES WITH RESPECT TO DECEASED
INDIVIDUAL FOR PURPOSES OF LIMITATION ON WIDOW'S AND
WIDOWER'S BENEFITS.
(a) Widow's Insurance Benefits.--Section 202(e)(2)(D)(i) of the
Social Security Act (42 U.S.C. 402(e)(2)(D)(i)) is amended by inserting
after ``applicable,'' the following: ``except that, in applying
paragraph (7) of subsection (q) for purposes of this clause, any month
ending with or after the date of the death of such deceased individual
shall be deemed to be excluded under such paragraph (in addition to
months otherwise excluded under such paragraph),''.
(b) Widower's Insurance Benefits.--Section 202(f)(3)(D)(i) of such
Act (42 U.S.C. 402(f)(3)(D)(i)) is amended by inserting after
``applicable,'' the following: ``except that, in applying paragraph (7)
of subsection (q) for purposes of this clause, any month ending with or
after the date of the death of such deceased individual shall be deemed
to be excluded under such paragraph (in addition to months otherwise
excluded under such paragraph),''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to benefits for months after November 2002. | Social Security Benefit Enhancements for Women Act of 2002--Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) repeal the seven year restriction on eligibility for widow's and widower's insurance benefits based on disability; (2) waive the two-year waiting period for a divorced spouse's benefits upon the other spouse's remarriage; and (3) disregard months ending after a deceased individual's death in applying early retirement rules with respect to the deceased individual for purposes of the limitation on widow's and widower's benefits.Amends the Internal Revenue Code to: (1) exclude from gross income interest paid on any overpayment of income tax by individuals; (2) allow a taxpayer to make cash deposits to pay any tax not yet assessed (in order to suspend the running of interest on any potential future underpayments); and (3) permit partial collection of tax liability in installment agreements (currently allowed only for full collections). | A bill to amend title II of the Social Security Act to provide for miscellaneous enhancements in Social Security benefits, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Transparency and Accountability
Act of 2010'' or the ``ITA Act of 2010''.
SEC. 2. DISCLOSURES REQUIRED.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
is amended by adding at the end the following new subsection:
``(m) Disclosure of Iranian Investments.--
``(1) General disclosure required.--Each issuer required to
file an annual or quarterly report under subsection (a) shall
include with such report a statement of whether, during the
period since the issuer made the last such report, the issuer,
or any subsidiary or affiliate of the issuer--
``(A) engaged in any activity that is a covered
activity;
``(B) knowingly engaged in an activity described
under section 104(c)(2) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010
or knowingly violated regulations prescribed under
section 104(d)(1) or 104(e)(1) of such Act; or
``(C) has had any ties to a company designated by
the Secretary of the Treasury or the Secretary of State
under Executive Order 13382 for contributing or
supporting the proliferation activities of Iran.
``(2) Specific disclosure required.--If the issuer, or any
subsidiary or affiliate of the issuer, reports under paragraph
(1)(A) that it has engaged in any activity that is a covered
activity, then with respect to each such activity that is a
covered entity, the issuer shall include with the statement
described under paragraph (1) a detailed description of each
such activity, including--
``(A) the nature and extent of such activity;
``(B) the revenues and profits, if any,
attributable to such activity; and
``(C) whether the issuer, or the subsidiary or
affiliate of the issuer, as applicable, intends to
continue such activity.
``(3) Investigation of disclosures.--With respect to any
issuer that, in a statement described under paragraph (1),
states that the issuer, or any subsidiary or affiliate of the
issuer, engaged in any activity that is a covered activity, the
President shall carry out an investigation upon receipt of such
report to determine if the issuer, or the subsidiary or
affiliate of the issuer, should be subject to sanctions under
section 5 of the Iran Sanctions Act of 1996.
``(4) Public disclosure of information.--With respect to
any information received by the Commission pursuant to
paragraph (1) or (2), the Commission shall--
``(A) make such information available to the
public, including on a dedicated location on the
Commission's website that lists all issuers from which
the Commission received information pursuant to
paragraph (1) or (2);
``(B) provide a copy of such information to the
Secretary of State;
``(C) provide a copy of such information to the
Secretary of the Treasury;
``(D) provide a copy of such information to the
Administrator of the General Services Administration;
and
``(E) provide a copy to the Committees on Foreign
Affairs and Financial Services of the House of
Representatives and the Committees on Foreign Relations
and Banking, Housing, and Urban Affairs of the Senate.
``(5) Covered activity defined.--For purposes of this
subsection, the term `covered activity' means an activity is of
a type and involving an amount that could subject the issuer,
or the subsidiary or affiliate of the issuer, as applicable, to
sanctions under section 5 of the Iran Sanctions Act of 1996.
``(6) Sunset.--The provisions of this subsection shall
terminate on the date on which the President certifies to
Congress that--
``(A) the Government of Iran has ceased providing
support for acts of international terrorism and no
longer satisfies the requirements for designation as a
state sponsor of terrorism under--
``(i) section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A));
``(ii) section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)); or
``(iii) section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)); and
``(B) Iran has ceased the pursuit, acquisition, and
development of nuclear, biological, and chemical
weapons and ballistic missiles and ballistic missile
launch technology.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to reports required to be filed with the
Securities and Exchange Act after the end of the 90-day period
beginning on the date of the enactment of this Act. | Iran Transparency and Accountability Act of 2010 or ITA Act of 2010 - Amends the Securities Exchange Act of 1934 to require an issuer to state, in its mandatory periodic report, whether it (or any subsidiary or affiliate) has: (1) engaged in an activity of a type and involving an amount that could subject it to sanctions under the Iran Sanctions Act of 1996; (2) knowingly engaged in an activity or violated regulations described under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; or (3) had any ties to a company designated by either the Secretary of the Treasury or the Secretary of State as contributing or supporting the proliferation activities of Iran.
Prescribes specified disclosures. Requires the Securities and Exchange Commission (SEC) to make such disclosures public.
Directs the President, upon receipt of such report, to investigate and determine if the issuer should be subject to sanctions under the Iran Sanctions Act of 1996. | To amend the Securities Exchange Act of 1934 to require issuers to make disclosures related to Iranian investments, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One Health Act of 2016''.
SEC. 2. INTERAGENCY ONE HEALTH PROGRAM.
(a) In General.--The President, acting through the National Science
and Technology Council, shall coordinate and support a national,
interagency One Health Program to address infectious diseases in
animals and the environment, and to help prevent the transmission of
known and emerging infectious diseases between animal populations and
human populations.
(b) National One Health Framework.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy, in cooperation with the National Science
and Technology Council, shall develop and submit to Congress a
One Health Framework (referred to in this section as the
``framework'') for coordinated Federal activities under the One
Health Program.
(2) Contents of framework.--The framework described in
paragraph (1) shall describe existing efforts and contain
recommendations for building upon and complementing the
activities of the Centers for Disease Control and Prevention,
the Food and Drug Administration, the Department of
Agriculture, the United States Agency for International
Development, the Environmental Protection Agency, the National
Institutes of Health, the Department of Homeland Security, the
Department of the Interior, and other departments and agencies,
as appropriate, and shall--
(A) identify and describe, as appropriate,
activities of Federal agencies and departments under
the One Health Program;
(B) for the 10-year period beginning in the year
the framework is submitted, establish Federal goals and
priorities that most effectively advance--
(i) scientific understanding of the
connections between human, animal, and
environmental health; and
(ii) workforce development to prevent and
respond to zoonotic disease outbreaks in
animals and humans;
(C) describe specific activities required to
achieve the goals and priorities described in
subparagraph (B), such as competitive research grant
programs, training and support for scientists,
engagement of nongovernmental entities, and
participation in international collaborations and
research efforts;
(D) identify and expand partnerships among Federal
agencies, States, academic institutions,
nongovernmental organizations, and private entities in
order to develop new approaches for reducing hazards to
human health from animal and environmental sources and
to strengthen understanding of the value of an
integrated approach under the One Health Program to
addressing public health threats in a manner that
prevents duplication; and
(E) provide recommendations to Congress regarding
additional action or legislation that may be required
to assist in establishing the One Health Program.
SEC. 3. NATIONAL ONE HEALTH INITIATIVE.
(a) Establishment.--As part of the interagency One Health Program,
in coordination with the Centers for Disease Control and Prevention,
the Food and Drug Administration, the Department of Agriculture, the
United States Agency for International Development, the Environmental
Protection Agency, the National Institutes of Health, the Department of
Homeland Security, the Department of the Interior, and other
departments and agencies, as appropriate, the President, acting through
the One Health Program shall establish a One Health Initiative to
coordinate and implement research and field activities of the Federal
Government related to the role of animals and the environment in human
health, as described in subsection (b).
(b) Activities.--Under the One Health Initiative established under
subsection (a), members of the One Health Program shall provide support
for activities in furtherance of the goals and priorities under the One
Health Framework described in section 2(b), including through--
(1) entering into cooperative agreements with, and awarding
grants to, public or private entities, including States,
nongovernmental entities, academic institutions, nonprofit
organizations, and privately funded philanthropic organizations
in order to cover all or part of the costs associated with
establishing or strengthening efforts described in the One
Health Initiative; and
(2) awarding grants to States for the purpose of
establishing One Health national centers of excellence, with
preference given to States that match Federal grant funds with
State funds or funds obtained through State partnerships with
private entities, academic institutions, or nonprofit
organizations.
(c) One Health National Centers of Excellence.--Centers of
excellence established under subsection (b)(2) shall carry out
activities of the type described in the One Health Framework under
section 2(b), including supporting One Health workforce training and
bringing together the animal, environmental, and human health workforce
to coordinate disease surveillance and prevention efforts.
(d) Authorization of Appropriations.--
(1) In general.--To carry out the One Health Initiative
under this section, there are authorized to be appropriated
$50,000,000 for the period of fiscal years 2016 through 2020.
(2) Allocation of funds.--Of the amounts appropriated under
paragraph (1), not less than 50 percent shall be allocated to
supporting the national centers of excellence under subsection
(b)(2).
SEC. 4. LEVERAGING INTERNATIONAL SUPPORT.
In carrying out section 2, the President shall direct
representatives of the United States to appropriate international
bodies, including the multilateral development banks, the World Health
Organization, the Food and Agriculture Organization of the United
Nations, and the World Organization for Animal Health, to use the
influence of the United States, consistent with the broad development
goals of the United States, to advocate that each such body--
(1) commit to adopting approaches consistent with the One
Health Initiative under section 3 to address animal and
environmental sources of public health threats prior to their
introduction into human populations, including increased
coordination and collaboration between human, animal, and
environmental health officials;
(2) provide technical assistance to the regulatory
authorities of governments to remove unnecessary barriers to
investment in programs similar to the One Health Initiative
programs under section 3; and
(3) utilize clear, accountable, and metric-based targets,
consistent with the Global Health Security Agenda, to measure
the effectiveness of such initiatives. | One Health Act of 2016 This bill requires the National Science and Technology Council (NSTC) to coordinate and support a One Health Program to: (1) address infectious diseases in animals and the environment, and (2) help prevent the transmission of infectious diseases between animal populations and human populations. The Office of Science and Technology Policy, in cooperation with the NSTC, must develop a framework for federal activities under the program. The framework must: describe the activities of federal agencies and departments under the program, establish goals and priorities for advancing scientific understanding and for workforce development and describe activities to achieve these goals and priorities, identify and expand partnerships among federal agencies and others to develop new approaches for reducing hazards to human health from animal and environmental sources and to promote an integrated approach to addressing public health threats in a manner that prevents duplication, and provide recommendations for additional action or legislation to assist in establishing the program. The program must establish an initiative to coordinate and implement federal research and field activities. Program members must support activities described in the framework, including by awarding grants to establish national centers of excellence to carry out those activities. The President must direct representatives of the United States to advocate that international bodies adopt approaches consistent with the initiative, provide technical assistance to governments to remove unnecessary barriers to investment in similar programs, and use certain targets to measure the effectiveness of such initiatives. | One Health Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Data Transparency and
Public Access Act of 2010''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Since its launch in 1995, the Web site THOMAS has been
an important source of free public information on Federal
legislation.
(2) In the years since the introduction of THOMAS, the
Internet has evolved into what is commonly referred to as Web
2.0, which encourages the reuse of open source information
though collaboration, interactivity, and data standardization.
(3) Allowing the public to download the THOMAS Web site's
bulk legislative summary and status data will enable
independent Web sites and outside watchdog groups to use the
data in new and innovative ways that make the proceedings of
Congress easier to follow and government more transparent.
(4) In its 2007 report on Congressional Information and the
Internet, the Open House Project recommended that Congress
``make available to the public a well-supported database of all
bill status and summary information currently accessible
through the Library of Congress.''
(5) The Open House Project also noted that ``Six states
already publish the status of their state legislation in a
structured data format: Connecticut, Illinois . . . Minnesota,
Oregon, Texas and Virginia.''
(b) Sense of Congress.--It is the sense of Congress that the
Library of Congress should work toward improving public access to all
THOMAS data, including the text of legislation, in bulk.
SEC. 3. PUBLIC AVAILABILITY OF BULK LEGISLATIVE DATA.
(a) Public Availability Through Internet.--As soon as practicable,
the Librarian of Congress, in consultation with the Director of the
Congressional Research Service, the Public Printer, the Clerk of the
House of Representatives, and the Secretary of the Senate, shall make
available to the public through the Internet the bulk legislative
summary and status data used by the Librarian to provide the
information the Librarian posts on the THOMAS Web site.
(b) Method and Manner of Availability.--In making available the
bulk legislative data required under subsection (a), the Librarian
shall ensure the following:
(1) The data is available in a searchable, sortable, and
downloadable manner.
(2) The data available for downloading shall include status
and summary information on legislation.
(3) The data is provided in a structured, nonproprietary
format.
(4) The data is available free of charge.
(5) The data is updated continuously in a timely manner.
(6) The database involved includes the following supporting
information:
(A) A roster showing each Member of Congress
(including each Delegate and Resident Commissioner to
the Congress), the Member's committee assignments, and
the ZIP Codes included in each Member's congressional
district.
(B) Such other supporting information as the
Librarian considers appropriate.
(7) The data is provided in a manner consistent with the
standards developed and published under subsection (c).
(c) Development of Standards.--Prior to making available the bulk
legislative data described in subsection (a), the Librarian of
Congress, in consultation with the individuals described in such
subsection, shall develop and publish standards for the downloading and
public availability of the data, and shall update such standards at
such frequency as the Librarian considers appropriate.
SEC. 4. ADVISORY COMMITTEE ON THOMAS.
(a) Advisory Committee.--There is hereby established in the Library
of Congress the Advisory Committee on THOMAS (hereafter in this section
referred to as the ``Advisory Committee'').
(b) Members.--
(1) Appointment.--The Advisory Committee shall consist of
16 members appointed as follows:
(A) Seven individuals appointed by the Librarian of
Congress who have expertise in disciplines such as
legislative access, Internet technology, and open
government, and who shall include representatives of
academia, the nonprofit sector, the for-profit sector,
and users of the THOMAS Web site.
(B) Four individuals appointed by the Librarian of
Congress who are employees of the Federal government
with expertise in access to government information and
Internet technology.
(C) The Law Librarian of Congress (or the Law
Librarian's designee).
(D) The Clerk of the House of Representatives (or
the Clerk's designee).
(E) The Secretary of the Senate (or the Secretary's
designee).
(F) The Public Printer (or the Public Printer's
designee).
(G) The Director of the Congressional Research
Service (or the Director's designee).
(2) Deadline for appointments.--The Librarian of Congress
shall appoint the members described in subparagraphs (A) and
(B) of paragraph (1) not later than 60 days after the date of
the enactment of this Act.
(3) Term of service; vacancies.--Members of the Advisory
Committee shall serve for a term of 3 years, and may be
appointed to additional terms. Any vacancy in the Advisory
Committee shall be filled in the manner in which the original
appointment was made.
(4) No compensation.--Members of the Advisory Committee
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title
5, United States Code. Members of the Advisory Committee who
are full-time officers or employees of the United States may
not receive additional pay, allowances, or benefits by reason
of their service on the Commission.
(c) Support From Librarian of Congress.--The Librarian of Congress
shall provide the Advisory Board with the administrative, professional,
and technical support required by the Advisory Board to carry out its
responsibilities under this section.
(d) Meetings.--The Advisory Committee shall meet on a regular basis
at the call of a majority of its members. Meetings shall be open to the
public.
(e) Duties.--The Advisory Committee shall--
(1) review progress toward making all of the data of the
THOMAS Web site available in bulk; and
(2) provide general advice to the Librarian of Congress on
improving digital access and THOMAS services.
(f) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Advisory Committee
shall submit a report on its activities to the Committee on House
Administration of the House of Representatives and the Committee on
Rules and Administration of the Senate, and shall include in the report
such recommendations as the Advisory Committee considers appropriate. | Legislative Data Transparency and Public Access Act of 2010 - Expresses the sense of Congress that the Library of Congress should work toward improving public access to all THOMAS data, including the text of legislation, in bulk.
Requires the Librarian of Congress to make available to the public through the Internet the bulk legislative summary and status data used by the Librarian to provide the information posted on the Library's legislative information website (www.thomas.gov).
Directs the Librarian to: (1) develop and publish standards for the downloading and public availability of such data; and (2) update such standards at an appropriate frequency.
Establishes in the Library of Congress the Advisory Committee on THOMAS. | To direct the Librarian of Congress to make available to the public the bulk legislative summary and status data used to provide the information posted on the THOMAS website, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Sunset Act of 1998''.
SEC. 2. REVIEW AND ABOLISHMENT OF FEDERAL AGENCIES.
(a) Schedule for Review.--Not later than one year after the date of
the enactment of this Act, the Federal Agency Sunset Commission
established under section 3 (in this Act referred to as the
``Commission'') shall submit to Congress a schedule for review by the
Commission, at least once every 12 years (or less, if determined
appropriate by Congress), of the abolishment or reorganization of each
agency.
(b) Review of Agencies Performing Related Functions.--In
determining the schedule for review of agencies under subsection (a),
the Commission shall provide that agencies that perform similar or
related functions be reviewed concurrently to promote efficiency and
consolidation.
(c) Abolishment of Agencies.--Each agency shall--
(1) be reviewed according to the schedule created pursuant
to this section; and
(2) be abolished not later than one year after the date
that the Commission completes its review of the agency pursuant
to such schedule, unless the agency is continued by Congress.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Federal Agency Sunset Commission''.
(b) Composition.--The Commission shall be composed of 12 members
(in this Act referred to as the ``members'') who shall be appointed as
follows:
(1) Six members shall be appointed by the Speaker of the
House of Representatives, one of whom may include the Speaker
of the House of Representatives, with minority members
appointed with consent of the minority leader of the House.
(2) Six members shall be appointed by the majority leader
of the Senate, one of whom may include the majority leader of
the Senate, with minority members appointed with the consent of
the minority leader of the Senate.
(c) Qualifications of Members.--
(1) In general.--(A) Of the members appointed under
subsection (b)(1), four shall be members of the House of
Representatives (not more than two of whom may be of the same
political party), and two shall be an individual described in
subparagraph (C).
(B) Of the members appointed under subsection (b)(2), four
shall be members of the Senate (not more than two of whom may
be of the same political party) and two shall be an individual
described in subparagraph (C).
(C) An individual under this subparagraph is an
individual--
(i) who is not a member of Congress; and
(ii) with expertise in the operation and
administration of Government programs.
(2) Continuation of membership.--If a member was appointed
to the Commission as a Member of Congress and the member ceases
to be a Member of Congress, that member shall cease to be a
member of the Commission. The validity of any action of the
Commission shall not be affected as a result of a member
becoming ineligible to serve as a member for the reasons
described in this paragraph.
(d) Initial Appointments.--All initial appointments to the
Commission shall be made not later than 90 days after the date of the
enactment of this Act.
(e) Chairman; Vice Chairman.--(1) An individual shall be designated
by the Speaker of the House of Representatives from among the members
initially appointed under subsection (b)(1) to serve as chairman of the
Commission for a period of 2 years.
(2) An individual shall be designated by the majority leader of the
Senate from among the individuals initially appointed under subsection
(b)(2) to serve as vice-chairman of the Commission for a period of two
years.
(3) Following the termination of the two-year period described in
paragraphs (1) and (2), the Speaker and the majority leader shall
alternate every two years in appointing the chairman and vice-chairman
of the Commission.
(f) Terms of Members.--(1) Each member appointed to the Commission
who is a member of Congress shall serve for a term of six years, except
that, of the members first appointed under paragraphs (1) and (2) of
subsection (b), 2 members shall be appointed to serve a term of three
years under each such paragraph.
(2) Each member of the Commission who is not a member of Congress
shall serve for a term of three years.
(3)(A) A member of the Commission who is a member of Congress and
who serves more than three years of a term may not be appointed to
another term as a member.
(B) A member of the Commission who is not a member of Congress and
who serves as a member of the Commission for more than 56 months may
not be appointed to another term as a member.
(g) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the Commission considers appropriate. The
Commission may administer oaths to witnesses appearing before
it.
(2) Obtaining information.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chairman, the head of that department or agency
shall furnish that information to the Commission in a full and
timely manner.
(3) Subpoena power.--(A) The Commission may issue a
subpoena to require the attendance and testimony of witnesses
and the production of evidence relating to any matter under
investigation by the Commission.
(B) If a person refuses to obey an order or subpoena of the
Commission that is issued in connection with a Commission
proceeding, the Commission may apply to the United States
district court in the judicial district in which the proceeding
is held for an order requiring the person to comply with the
subpoena or order.
(4) Immunity.--The Commission is an agency of the United
States for purposes of part V of title 18, United States Code
(relating to immunity of witnesses).
(5) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
services without regard to section 3709 of the Revised Statutes
(41 U.S.C. 5).
(h) Commission Procedures.--
(1) Meetings.--The Commission shall meet at the call of the
Chairman.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(i) Personnel Matters.--
(1) Compensation.--Members shall not be paid by reason of
their service as members.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(3) Director.--The Commission shall have a Director who
shall be appointed by the Chairman. The Director shall be paid
at a rate not to exceed the maximum rate of basic pay payable
for GS-15 of the General Schedule.
(4) Staff.--The Director may appoint and fix the pay of
additional personnel as the Director considers appropriate.
(5) Applicability of certain civil service laws.--The
Director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(j) Other Administrative Matters.--
(1) Postal and printing services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the United States.
(2) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its duties under this Act.
(3) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(k) Sunset of Commission.--The Commission shall terminate on
December 31, 2024, unless reauthorized by Congress.
SEC. 4. REVIEW OF EFFICIENCY AND NEED FOR FEDERAL AGENCIES.
(a) In General.--The Commission shall review the efficiency and
public need for each agency in accordance with the criteria described
in section 5.
(b) Recommendations; Report to congress.--The Commission shall
submit to Congress and the President not later than September 1 of each
year a report containing--
(1) an analysis of the efficiency of operation and public
need for each agency to be reviewed in the year in which the
report is submitted pursuant to the schedule submitted to
Congress under section 2;
(2) recommendations on whether each such agency should be
abolished or reorganized;
(3) recommendations on whether the functions of any other
agencies should be consolidated, transferred, or reorganized in
an agency to be reviewed in the year in which the report is
submitted pursuant to the schedule submitted to Congress under
section 2; and
(4) recommendations for administrative and legislative
action with respect to each such agency.
(c) Draft Legislation.--The Commission shall submit with to
Congress and the President not later than September 1 of each year a
draft of legislation to carry out the recommendations of the Commission
under subsection (b).
(d) Information Gathering.--The Commission shall--
(1) conduct public hearings on the abolishment of each
agency reviewed under subsection (b);
(2) provide an opportunity for public comment on the
abolishment of each such agency;
(3) require the agency to provide information to the
Commission as appropriate; and
(4) consult with the General Accounting Office, the Office
of Management and Budget, the Comptroller General, and the
chairman and ranking minority member of the committees of
Congress with oversight responsibility for the agency being
reviewed regarding the operation of the agency.
SEC. 5. CRITERIA FOR REVIEW.
The Commission shall evaluate the efficiency and public need for
each agency pursuant to section 4(a) using the following criteria:
(1) The effectiveness, and the efficiency of the operation
of, the programs carried out by each such agency.
(2) Whether the programs carried out by the agency are
cost-effective.
(3) Whether the agency has acted outside the scope of its
original authority, and whether the original objectives of the
agency have been achieved.
(4) Whether less restrictive or alternative methods exist
to carry out the functions of the agency.
(5) The extent to which the jurisdiction of, and the
programs administered by, the agency duplicate or conflict with
the jurisdiction and programs of other agencies.
(6) The potential benefits of consolidating programs
administered by the agency with similar or duplicative programs
of other agencies, and the potential for consolidating such
programs.
(7) The number and types of beneficiaries or persons served
by programs carried out by the agency.
(8) The extent to which any trends, developments, and
emerging conditions that are likely to affect the future nature
and extent of the problems or needs that the programs carried
out by the agency are intended to address.
(9) The extent to which the agency has complied with the
provisions contained in the Government Performance and Results
Act of 1993 (Pub. Law 103-62; 107 Stat. 285).
(10) The promptness and effectiveness with which the agency
seeks public input and input from State and local governments
on the efficiency and effectiveness of the performance of the
functions of the agency.
(11) Whether the agency has worked to enact changes in the
law that are intended to benefit the public as a whole rather
than the specific business, institution, or individuals that
the agency regulates.
(12) The extent to which the agency has encouraged
participation by the public as a whole in making its rules and
decisions rather than encouraging participation solely by those it
regulates.
(13) The extent to which the public participation in
rulemaking and decisionmaking of the agency has resulted in
rules and decisions compatible with the objectives of the
agency.
(14) The extent to which the agency complies with section
552 of title 5, United States Code (commonly known as the
``Freedom of Information Act'').
(15) The extent of the regulatory, privacy, and paperwork
impacts of the programs carried out by the agency.
(16) The extent to which the agency has coordinated with
State and local governments in performing the functions of the
agency.
(17) The potential effects of abolishing the agency on
State and local governments.
(18) The extent to which changes are necessary in the
authorizing statutes of the agency in order that the functions
of the agency can be performed in the most efficient and
effective manner.
SEC. 6. COMMISSION OVERSIGHT.
(a) Monitoring of Implementation of Recommendations.--The
Commission shall monitor implementation of laws enacting provisions
that incorporate recommendations of the Commission with respect to
abolishment or reorganization of agencies.
(b) Monitoring of Other Relevant Legislation.--
(1) In general.--The Commission shall review and report to
Congress on all legislation introduced in either house of
Congress that would establish--
(A) a new agency;
(B) a new program to be carried out by an existing
agency.
(2) Report to Congress.--The Commission shall include in
each report submitted to Congress under paragraph (1) an
analysis of whether--
(A) the functions of the proposed agency or program
could be carried out by one or more existing agencies;
(B) the functions of the proposed agency or program
could be carried out in a less restrictive manner than
the manner proposed in the legislation; and
(C) the legislation provides for public input
regarding the performance of functions by the proposed
agency or program.
SEC. 7. RULEMAKING AUTHORITY.
The Commission may promulgate such rules as necessary to carry out
this Act.
SEC. 8. RELOCATION OF FEDERAL EMPLOYEES.
If the position of an employee of an agency is eliminated as a
result of the abolishment of an agency in accordance with this Act,
there shall be a reasonable effort to relocate such employee to a
position within another agency.
SEC. 9. DEFINITION OF AGENCY.
As used in this Act, the term ``agency'' has the meaning given that
term by section 105 of title 5, United States Code, except that such
term includes an advisory committee as that term is defined in section
3(2) of the Federal Advisory Committee Act.
SEC. 10. OFFSET OF AMOUNTS APPROPRIATED.
Amounts appropriated to carry out this Act shall be offset by a
reduction in amounts appropriated to carry out programs of other
Federal agencies. | Federal Sunset Act of 1998 - Establishes the Federal Agency Sunset Commission to: (1) submit to the Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; and (2) review and evaluate the efficiency and public need for each agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is continued by the Congress. | Federal Sunset Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Healthy Food for Young
Children Act''.
SEC. 2. CHILD AND ADULT FOOD CARE PROGRAM.
(a) In General.--Section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``the same as''
and inserting ``10 cents more than'';
(B) in paragraph (2), by striking ``the same as''
and inserting ``10 cents more than'';
(C) in paragraph (3)--
(i) by striking ``30 cents'' and inserting
``94 cents''; and
(ii) by striking ``2.75 cents'' and
inserting ``17 cents''; and
(D) by adding at the end the following:
``(7) Streamlining program paperwork in high poverty
areas.--
``(A) Definitions.--In this paragraph:
``(i) Eligible child care center.--The term
`eligible child care center' means a child care
center with at least 50 percent or more of
children in care qualifying for free or reduced
price meals or categorical eligibility.
``(ii) Nonpricing program.--The term
`nonpricing program' means a program under
which an eligible child center serves to all
children in care at the center meals and
supplements under this section without charge.
``(B) Election of special payments.--
``(i) In general.--An eligible child care
center may elect to receive special payments
under this paragraph in lieu of payments
otherwise made available under this section
based on applications for free and reduced
price meals and supplements if--
``(I) subject to clause (ii),
during the 4 consecutive fiscal years
beginning after the date of the
election, the eligible child care
center elects to operate as a
nonpricing program;
``(II) the eligible child care
center pays, from sources other than
funds made available to carry out the
program under this section, the costs
of serving the meals and supplements
that are in excess of the value of
assistance received under this Act; and
``(III) during the fiscal year in
which the election under this clause is
made, the eligible child care center
had a percentage of enrolled children
that meets or exceeds the threshold
described in subparagraph (A)(i).
``(ii) Election to stop receiving
payments.--An eligible child care center may
elect to stop receiving special payments under
this paragraph for the following fiscal year by
notifying the State agency not later than June
30 of the current fiscal year of the intention
to stop receiving the special payments.
``(C) First year of option.--
``(i) In general.--For each month of the
first fiscal year of the 4-year period during
which an eligible child care center elects to
receive special payments under this paragraph,
special payments at the rate for free meals
shall be made under this subparagraph for all
reimbursable meals served at the eligible child
care center.
``(ii) Calculation.--Special payments under
clause (i) shall be calculated using a blended
per-meal rate based on a formula that
multiplies national average payment rates by
claiming percentages for free, reduced price,
and paid meals.
``(D) Second, third, and fourth years of option.--
``(i) In general.--For each month of the
second, third, and fourth fiscal years of the
4-year period during which an eligible child
care center elects to receive special payments
under this paragraph, special payments at the
blended rate established in the first year of
the option under subparagraph (C) shall be made
under this subparagraph for all reimbursable
meals served at the eligible child care center.
``(ii) Calculation.--Special payments under
clause (i) shall be equal to the product
obtained by multiplying--
``(I) the applicable blended per-
meal rate; by
``(II) the number of meals and
snacks served.'';
(2) in subsection (f)--
(A) in paragraph (2)--
(i) by striking ``(2)(A) Subject to
subparagraph (B) of this paragraph'' and
inserting the following:
``(2) Disbursements.--
``(A) In general.--Subject to subparagraph (B)'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Limitation.--No reimbursement may be made to
any institution under this paragraph, or to family or
group day care home sponsoring organizations under
paragraph (3), for more than--
``(i) 2 meals and 1 supplement per day per
child;
``(ii) 1 meal and 2 supplements per day per
child; or
``(iii) 3 meals and 1 supplement per day
per child, for each child that is maintained in
a child care setting for 8 or more hours per
day.''; and
(iii) in subparagraph (C), by adding at the
end the following:
``(iii) Carryover funds.--The Secretary
shall develop procedures under which not more
than 10 percent of the amount reserved by
sponsoring organizations under clause (i) for
administrative expenses for a fiscal year may
remain available for obligation or expenditure
in the succeeding fiscal year.''; and
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (ii)--
(aa) in subclause (I), by
striking ``50 percent'' each
place it appears in items (aa)
and (bb) and inserting ``40
percent''; and
(bb) in subclause (III)--
(AA) by striking
``Except as provided in
subclause (IV),'' and
inserting the
following:
``(aa) In general.--Except
as provided in item (bb) and
subclause (IV),''; and
(BB) by adding at
the end the following:
``(bb) Additional
reimbursement.--Effective July
1, 2016, the reimbursement
factor for each meal and
supplement under this
subparagraph shall be increased
by 10 cents per child
served.''; and
(II) in clause (iii)(I)(aa), by
striking ``the reimbursement factors
shall be'' and all that follows through
``supplements'' and inserting ``the
reimbursement factors shall be $1.05
for meals other than breakfast, 37
cents for breakfasts, and 23 cents for
supplements''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by redesignating
subclauses (I) and (II) as
items (aa) and (bb),
respectively, and indenting
appropriately;
(bb) by striking ``(i) In
general.--In addition'' and
inserting the following:
``(i) Reimbursement amount.--
``(I) In general.--Subject to
subclause (II), in addition''; and
(cc) by adding at the end
the following:
``(II) Additional reimbursement.--
Effective July 1, 2016, the
reimbursement factor for administrative
expenses as calculated under subclause
(I) shall be increased by $5.00 per
month for each family or group day care
home of the sponsoring organization.'';
and
(II) in clause (ii), by inserting
before the period at the end ``, except
that no negative adjustments shall be
made''; and
(3) in subsection (n)--
(A) by striking ``(n) There are hereby'' and
inserting the following:
``(n) Funding.--
``(1) In general.--There are''; and
(B) by adding at the end the following:
``(2) Implementation funding.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Secretary shall make funds available to State
agencies administering the child and adult food care
program for State and sponsoring organization
activities relating to training, technical assistance,
and oversight activities for the implementation of the
revised child and adult care food program meal pattern
pursuant to subsection (g)(2)(B) and activities to
increase participation in the child and adult care food
program.
``(B) Provision of funds.--The Secretary shall
provide funds described in subparagraph (A) to State
agencies administering the program under this section
in a manner proportional to the administrative expense
allocation of each State agency during the preceding
fiscal year.
``(C) Distribution.--Subject to subparagraphs (A)
and (B), each State agency administering the program
under this section shall distribute not less than \1/2\
of the funds received under this paragraph to
sponsoring organizations in the State.
``(D) Funding.--
``(i) In general.--For each of the fiscal
year during which the implementing regulations
for the revised child and adult care food
program meal pattern pursuant to subsection
(g)(2)(B) become final regulations, and the
subsequent fiscal year, the Secretary shall use
$50,000,000 of funds made available under
section 3 to make payments to States as
described in subparagraph (A).
``(ii) Reservation.--In providing funds to
States under clause (i), the Secretary may
reserve not more than $3,000,000 per fiscal
year to support Federal administrative
activities to carry out this paragraph.
``(3) Revised meal pattern funding.--
``(A) In general.--On October 1, 2015, and October
1, 2016, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall
transfer to the Secretary $10,000,000, to remain
available until expended--
``(i) to provide training, technical
assistance, and oversight for the
implementation of the revised child and adult
care food program meal pattern pursuant to
subsection (g)(2)(B);
``(ii) to promote health and wellness
through activities conducted pursuant to
subsection (u); and
``(iii) to increase participation in the
program under this section.''.
(b) Study on Nutrition and Wellness Quality of Child Care
Settings.--Section 223(c)(1) of the Healthy, Hunger-Free Kids Act of
2010 (Public Law 111-296; 124 Stat. 3229) is amended by inserting ``and
October 1, 2016,'' after ``2010,''.
(c) Reducing Paperwork and Improving Program Administration.--
(1) Definition of program.--In this subsection, the term
``program'' means the child and adult care food program
established under section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766).
(2) Establishment.--The Secretary, in conjunction with
States and participating institutions, shall continue to
examine the feasibility of reducing unnecessary or duplicative
paperwork resulting from regulations and recordkeeping
requirements for State agencies, institutions, family and group
day care homes, and sponsored centers participating in the
program.
(3) Duties.--At a minimum, the examination shall include--
(A) review and evaluation of the recommendations,
guidance, and regulatory priorities developed and
issued to comply with section 336 of the Healthy,
Hunger-Free Kids Act of 2010 (42 U.S.C. 1766 note;
Public Law 111-296);
(B) examination of additional paperwork and
administrative requirements that have been established
since January 1, 2016; and
(C) examination of the additional paperwork and
administrative burdens that could be reduced by the
effective use of technology.
(4) Additional duties.--The Secretary, in conjunction with
States and institutions participating in the program, may also
examine any aspect of administration of the program.
(5) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that describes the actions that have been taken to carry
out this section, including--
(A) actions taken to address administrative and
paperwork burdens identified;
(B) additional steps that the Secretary is taking
or plans to take to address any administrative and
paperwork burdens identified under paragraph (3),
including--
(i) new or updated regulations, policy,
guidance, or technical assistance; and
(ii) a timeframe for the completion of
those steps; and
(C) recommendations to Congress for modifications
to existing statutory authorities needed to address
identified administrative and paperwork burdens. | Access to Healthy Food for Young Children Act This bill amends the Richard B. Russell National School Lunch Act to modify the food program for child and adult care institutions and family or group day care homes. The bill increases the payment rate for program meals relative to the national average payment rate for meals served in schools. However, an eligible child care center operating a free-of-charge program in a high-poverty area may elect to instead receive special payments calculated using a blended per-meal rate. Additionally, the bill: (1) increases the reimbursement factor for meals and supplements served by a family or group day care home; (2) raises the per-child limit on the number of meals and supplements for which such a home may receive reimbursement; and (3) reduces the percentage of area children who must come from low-income households in order for a day care home in that area to be excused from specified documentation requirements. With respect to administrative expenses, the bill increases the reimbursement factor for each day care home and prohibits negative adjustments to reimbursement levels. The Department of Agriculture (USDA) must develop procedures under which up a specified percentage of funds reserved by the sponsoring organization of a day care home for administrative expenses may remain available in the succeeding fiscal year. USDA must also: (1) provide state agencies with funding to implement the revised food program, as specified by the bill; and (2) complete a study on reducing paperwork and improving program administration. | Access to Healthy Food for Young Children Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Finance Act of 1993''.
SEC. 2. PURPOSE.
(a) It is the purpose of this Act to require the establishment of
an Environmental Financial Advisory Board (hereinafter referred to as
``the Board'') to provide expert advice and recommendations to the
Administrator of the Environmental Protection Agency (hereinafter
referred to as ``the Administrator'') and to the Congress on issues,
trends, options, innovations, and tax matters affecting the cost and
financing of environmental protection by State and local governments.
The Committee shall study methods to lower costs of environmental
infrastructure and services, increase investment in public and private
purpose environmental infrastructure, and build State and local
capacity to plan and pay for environmental infrastructure and services.
(b) It is the further purpose of the Act to require the
Administrator to establish and support Environmental Finance Centers in
institutions of higher learning. These centers shall serve to improve
the capability of State and local governments to manage environmental
programs. The Environmental Finance Centers shall receive Federal
funding at first with the goal that they eventually become financially
self sufficient.
SEC. 3. ENVIRONMENTAL FINANCIAL ADVISORY BOARD.
(a) In General.--
(1) The Administrator shall establish an Environmental
Financial Advisory Board to provide expert advice on issues
affecting the costs and financing of environmental activities
at the Federal, State, and local level. The Board shall report
to the Administrator, and shall make its services and expertise
available to the appropriate Committees of Congress.
(2) The Board shall consist of thirty-five members selected
by the Administrator. The members of the Board shall each serve
for a term of two years, except that twenty of the members
initially appointed to the Board shall serve for a term of one
year. The members of the Board shall be persons with expertise
in financial matters and shall be chosen from among elected
officials, national trade and environmental organizations, the
finance, banking, and legal communities, business and industry,
and academia. The members of the Board shall elect a Chair and
Vice-Chair, who shall each serve a term of two years.
(3) After establishing appropriate rules and procedures for
its operations, the Board shall--
(A) work with the Environmental Protection Agency's
Science Advisory Board to identify and develop methods
to integrate risk and finance considerations into
environmental decisionmaking;
(B) identify and examine strategies to enhance
environmental protection in urban areas, reduce
disproportionate risk facing urban communities, and
promote economic revitalization and environmentally
sustainable development;
(C) develop and recommend initiatives to expand
opportunities for the export of United States financial
services and environmental technologies;
(D) develop alternative financing mechanisms to
assist State and local governments in paying for
environmental programs;
(E) develop alternative financing mechanisms and
strategies to meet the unique needs of small and
economically disadvantaged communities; and
(F) undertake such other activities as the Board
determines will further the purposes of this Act.
(4) The Board may recommend to the Administrator and to the
Congress legislative and policy initiatives to make financing
for environmental protection more available and less costly.
(5) The Board shall hold open meetings and seek input from
the public and other interested parties in accordance with
provisions of the Federal Advisory Committee Act (5 U.S.C.
Supp., App.), and shall otherwise be subject to the provisions
of such Act.
(b) Authorization of Appropriations.--There is authorized to be
appropriated the sum of $1,000,000 for each of the fiscal years 1994,
1995, 1996, 1997, and 1998 to carry out this section.
SEC. 4. ENVIRONMENTAL FINANCE CENTERS.
(a) In General.--The Administrator shall establish and support
Environmental Finance Centers in each of the ten Federal regions. These
centers shall coordinate their activities with the Board, and are
authorized to--
(1) provide on- and off-site training of State and local
officials;
(2) publish newsletters, course materials, proceedings, and
other publications relating to financing of environmental
infrastructure;
(3) initiate and conduct conferences, seminars, and
advisory panels on specific finance issues relating to
environmental programs and projects;
(4) establish electronic database and contact services to
disseminate information to public entities on financing
alternatives for State and local environmental programs;
(5) generate case studies and special reports;
(6) develop inventories and surveys of financial issues and
needs of State and local governments;
(7) identify financial programs, initiatives, and
alternative financing mechanisms for training purposes;
(8) hold public meetings on finance issues; and
(9) collaborate with one another on projects and exchange
information.
(b) Authorization of Appropriations.--There is authorized to be
appropriated the sum of $2,500,000 for each of the fiscal years 1994,
1995, 1996, 1997, and 1998 for the Environmental Finance Center program
established pursuant to this section. The Administrator is authorized
to grant such funds to institutions of higher learning to carry out the
provisions of this section. | Environmental Finance Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels; and (2) Environmental Finance Centers in each of the ten Federal regions.
Authorizes the Centers to: (1) provide training of State and local officials; (2) publish materials relating to financing of environmental infrastructure; (3) conduct conferences and advisory panels on specific environmental finance issues; (4) establish information services; (5) generate case studies and reports; (6) develop surveys of financial issues and needs of State and local governments; (7) identify financial programs and alternative financial mechanisms for training purposes; (8) hold public meetings; and (9) collaborate and exchange information.
Authorizes appropriations. | Environmental Finance Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Jobs From Innovative Small
Businesses Act of 2010''.
SEC. 2. CREDIT FOR INVESTMENTS IN SMALL TECHNOLOGY INNOVATION
COMPANIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding after section
45Q the following new section:
``SEC. 45R. HIGH TECHNOLOGY INVESTMENT TAX CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the high
technology investment tax credit determined under this section for the
taxable year is an amount equal to 20 percent of the amount paid by the
taxpayer during such year to acquire a qualified equity investment in a
qualified high technology small business concern.
``(b) Maximum Credit.--
``(1) In general.--The taxpayer's credit determined under
this section for the taxable year shall not exceed the excess
(if any) of--
``(A) $100,000, over
``(B) the taxpayer's (and any predecessor's)
aggregate credit determined under this section for all
prior taxable years.
``(2) Related parties.--
``(A) In general.--For purposes of paragraph (1),
all related persons shall be treated as 1 person, and
the dollar amount in paragraph (1)(A) shall be
allocated among such persons under regulations
prescribed by the Secretary.
``(B) Related persons.--A person shall be treated
as related to another person if the relationship
between such persons would result in the disallowance
of losses under section 267 or 707(b).
``(c) Definitions.--For purposes of this section--
``(1) Qualified equity investment.--
``(A) In general.--The term `qualified equity
investment' means any equity investment in a qualified
high technology small business concern if--
``(i) such investment is acquired by the
taxpayer at its original issue (directly or
through an underwriter) solely in exchange for
cash, and
``(ii) such investment is designated for
purposes of this section by such concern.
``(B) Equity investment.--The term `equity
investment' means--
``(i) any stock (other than nonqualified
preferred stock as defined in section
351(g)(2)) in an entity which is a corporation,
and
``(ii) any capital interest in an entity
which is a partnership.
``(C) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
subsection.
``(2) Qualified high technology small business concern.--
The term `qualified high technology small business concern'
means, with respect to any taxable year, any small business
concern (as defined in section 3 of the Small Business Act)
if--
``(A) such concern employs an average of fewer than
500 employees on business days during such year, and
``(B) at least 50 percent of the gross expenditures
of such entity for such year are research or
experimental expenditures under section 174.
``(d) National Limitation on Amount of Investments Designated.--
``(1) In general.--There is a high technology investment
tax credit limitation for each calendar year. Such limitation
is--
``(A) $500,000,000 for 2010,
``(B) $750,000,000 for 2011 and 2012, and
``(C) $1,000,000,000 for 2013 and 2014.
``(2) Allocation of limitation.--The limitation under
paragraph (1) shall be allocated by the Secretary among
qualified high technology small business concerns selected by
the Secretary.
``(3) Carryover of unused limitation.--If the high
technology investment tax credit limitation for any calendar
year exceeds the aggregate amount allocated under paragraph (2)
for such year, such limitation for the succeeding calendar year
shall be increased by the amount of such excess. No amount may
be carried under the preceding sentence to any calendar year
after 2020.
``(e) Certain Taxpayers Not Eligible.--No credit shall be
determined under this section for any equity investment in any
qualified high technology small business concern made by any individual
who, at the time of the investment, is--
``(1) an employee of such concern, or
``(2) a member of the family (within the meaning of section
267(c)(4)) of an employee of such concern.
``(f) Basis Reduction.--The basis of any qualified equity
investment shall be reduced by the amount of any credit determined
under this section with respect to such investment. This subsection
shall not apply for purposes of sections 1202, 1400B, and 1400F.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including
regulations--
``(1) which prevent the abuse of the purposes of this
section,
``(2) which impose appropriate reporting requirements, and
``(3) which apply the provisions of this section to newly
formed entities.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (34), by striking
the period at the end of paragraph (35) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(36) the high technology investment tax credit determined
under section 45R.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``Sec. 45R. High technology investment tax credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to investments made after December 31, 2009, in taxable years
ending after such date. | Creating Jobs From Innovative Small Businesses Act of 2010 - Amends the Internal Revenue Code to allow a general business tax credit of 20% of the amount paid to acquire an equity investment in a qualified high technology small business concern. Defines "qualified high technology small business concern" as a small business concern that employs an average of fewer than 500 employees during a year and devotes at least 50% of its gross expenditures to research and experimentation. | To amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments in high technology small business concerns. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Wildlife Refuge System
Centennial Commemoration Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) President Theodore Roosevelt began an American wildlife
conservation legacy by establishing the first national wildlife
refuge at Indian River Lagoon on Pelican Island, Florida, on
March 14, 1903;
(2) the National Wildlife Refuge System is comprised of
more than 93,000,000 acres of Federal land managed by the
United States Fish and Wildlife Service in more than 520
individual refuges and thousands of Waterfowl Production Areas
located in all 50 States and the territories of the United
States;
(3) the System is the only network of Federal land that--
(A) is dedicated singularly to wildlife
conservation; and
(B) has wildlife-dependent recreation and
environmental education as priority public uses;
(4) the System serves a vital role in the conservation of
millions of migratory birds, hundreds of endangered and
threatened species, some of the premier fisheries of the United
States, marine mammals, and the habitats on which those species
depend;
(5)(A) each year the System provides millions of Americans
with opportunities to participate in wildlife-dependent
recreation, including hunting, fishing, and wildlife
observation; and
(B) through those activities, Americans develop an
appreciation for the natural wonders and wildlife heritage of
the United States;
(6) the occasion of the centennial of the beginning of the
System, in 2003, presents a historic opportunity to enhance
natural resource stewardship and expand compatible public
enjoyment of the national wildlife refuges of the United
States; and
(7) the United States Fish and Wildlife Service--
(A) recognizes that the System has a backlog of
unmet critical operations and maintenance needs;
(B) has worked to prioritize those needs; and
(C) has made efforts to control the extent of the
backlog.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Wildlife Refuge System Centennial Commission established by
section 4.
(2) System.--The term ``System'' means the National
Wildlife Refuge System established by the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.).
SEC. 4. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``National Wildlife Refuge System Centennial Commission''.
(b) Membership.--The Commission shall be composed of the following
members:
(1) The Secretary of the Interior.
(2) The Director of the United States Fish and Wildlife
Service.
(3) The Executive Director of the National Fish and
Wildlife Foundation established by the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.).
(4) Up to 10 individuals, recommended by the Secretary of
the Interior and appointed by the President, who--
(A) are not officers or employees of the Federal
Government; and
(B) shall be broadly representative of the diverse
beneficiaries of the System and have outstanding
knowledge or appreciation of wildlife, fisheries,
natural resource management, or wildlife-dependent
recreation.
(5) The Chairman and Ranking Member of the Committee on
Environment and Public Works of the Senate and the Chairman and
Ranking Member of the Committee on Resources of the House of
Representatives, who shall be nonvoting members.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Chairperson.--The Secretary of the Interior shall serve as
Chairperson of the Commission.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) develop and carry out, in cooperation with Federal,
State, local, and nongovernmental entities (including public
and private associations and educational institutions), a plan
to commemorate, on March 14, 2003, the centennial of the
beginning of the System;
(2) provide, in cooperation with the entities, host
services for conferences on the System and assist in the
activities of the conferences;
(3) make recommendations to the Secretary of the Interior
concerning the long-term plan for the System required under
section 9; and
(4) make recommendations to the Secretary of the Interior
concerning measures that can be taken to enhance natural
resources stewardship and expand compatible public enjoyment of
the System.
(b) Reports to Congress.--
(1) Annual reports.--Not later than December 31 of the
first calendar year that begins after the date on which the
Commission holds its initial meeting, and December 31 of each
calendar year thereafter through 2003, the Commission shall
submit to the Committee on Environment and Public Works of the
Senate and the Committee on Resources of the House of
Representatives a report on the activities and plans of the
Commission.
(2) Final report.--Not later than December 31, 2004, the
Commission shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Resources of
the House of Representatives a final report on the activities
of the Commission, including an accounting of all funds
received and expended by the Commission.
SEC. 6. POWERS.
(a) Meetings.--The Commission may hold such meetings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(c) Financial and Administrative Services.--Subject to subsection
(e)(2), the Secretary of the Interior, acting through the Director of
the United States Fish and Wildlife Service, shall provide to the
Commission financial and administrative services (including services
relating to budgeting, accounting, financial reporting, personnel, and
procurement).
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(e) Gifts.--
(1) Acceptance.--The Commission may accept, use, and
dispose of gifts or donations of services or property to carry
out this Act.
(2) Administration of funds.--The National Fish and
Wildlife Foundation shall administer, on behalf of the
Commission, any gifts of funds received under paragraph (1) in
accordance with the rules and procedures of the Foundation.
(f) Applicable Law.--Federal laws (including regulations) governing
procurement by Federal agencies shall not apply to the Commission,
except for laws (including regulations) concerning working conditions,
wage rates, and civil rights.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--A member of the Commission shall
serve without compensation for the services of the member to the
Commission.
(b) Staff.--
(1) Executive director.--The Chief of the National Wildlife
Refuge System of the United States Fish and Wildlife Service
shall serve as the Executive Director of the Commission.
(2) Other personnel.--The Chairperson of the Commission
may, without regard to the civil service laws (including
regulations), appoint and terminate such personnel as are
necessary to enable the Commission to perform the duties of the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the personnel appointed under paragraph
(2) without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and
General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
personnel appointed under paragraph (2) shall not
exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States
Code.
(c) Travel Expenses.--Each member, the Executive Director, and
other personnel 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 individual in the performance of the duties of the
Commission.
SEC. 8. TERMINATION OF COMMISSION.
(a) Date.--The Commission shall terminate 90 days after the date on
which the Commission submits the report of the Commission under section
5(b)(2).
(b) Disposition of Commission Property.--
(1) Memorabilia.--On termination of the Commission and
after consultation with the Archivist of the United States and
the Secretary of the Smithsonian Institution, the Executive
Director may--
(A) deposit all books, manuscripts, miscellaneous
printed matter, memorabilia, relics, and other similar
materials of the Commission relating to the centennial
of the beginning of the System in a Federal, State, or
local library or museum; or
(B) make other disposition of such materials.
(2) Other property.--The Executive Director may--
(A) use property that is acquired by the Commission
and remains on termination of the Commission (other
than property described in paragraph (1)) for the
purposes of the System; or
(B) dispose of such property as excess or surplus
property.
SEC. 9. LONG-TERM PLAN FOR SYSTEM.
After taking into consideration the recommendations of the
Commission under section 5(a)(3), the Secretary of the Interior shall
develop a long-term plan for the System to address--
(1) the priority staffing and operational needs as
determined through--
(A) the refuge operating needs system; and
(B) comprehensive conservation plans for refuges
required under section 4(e) of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668dd(e));
(2) the priority maintenance and construction needs as
identified in the maintenance management system, the 5-year
deferred maintenance list, and the 5-year construction list,
developed by the Secretary of the Interior; and
(3) any transition costs as identified by the Secretary of
the Interior in conducting analyses of newly acquired refuge
lands.
SEC. 10. DESIGNATION OF YEAR OF THE WILDLIFE REFUGE.
(a) In General.--Congress designates 2003 as the ``Year of the
Wildlife Refuge''.
(b) Proclamation.--Congress requests the President to issue a
proclamation calling on the people of the United States to celebrate
the Year of the Wildlife Refuge with appropriate ceremonies and
programs.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the activities
of the Commission under this Act--
(1) $100,000 for fiscal year 2001; and
(2) $250,000 for each of fiscal years 2002 through 2004. | Directs the Secretary to develop a long-term plan for the System to address: (1) priority staffing and operational needs; (2) priority maintenance and construction needs; and (3) any transition costs in conducting analyses of newly acquired refuge lands.
Designates 2003 as Year of the Wildlife Refuge.
Authorizes appropriations. | National Wildlife Refuge System Centennial Commemoration Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating the Opioid Epidemic
Through Forensic Drug Testing Act of 2017''.
SEC. 2. CONFRONTING THE USE OF HEROIN AND ASSOCIATED DRUGS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART LL--CONFRONTING THE USE OF HEROIN AND ASSOCIATED DRUGS
``SEC. 3021. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND
HEROIN DISTRIBUTION, SALE, AND USE.
``(a) Purpose.--The purpose of this section is to assist States and
Indian tribes to--
``(1) carry out programs to address the distribution, sale,
and use of heroin, fentanyl, and associated synthetic drugs;
and
``(2) improve the ability of State, tribal, and local
government institutions to carry out such programs.
``(b) Grant Authorization.--The Attorney General, through the
Bureau of Justice Assistance, may make grants to States to address the
distribution, sale, and use of heroin, fentanyl, and associated
synthetic drugs to enhance public safety.
``(c) Grant Projects To Address Distribution, Sale, and Use of
Heroin, Fentanyl, and Associated Synthetic Drugs.--Grants made under
subsection (b) may be used for programs, projects, and other activities
to--
``(1) reimburse State, local, or other forensic science
laboratories and medical examiner and coroner offices to--
``(A) help address backlogs of untested samples of
heroin, fentanyl, and associated synthetic drugs; and
``(B) conduct autopsies and toxicology testing
related to drug overdose deaths from suspected heroin,
fentanyl, and associated synthetic drugs;
``(2) reimburse State, local, or other forensic science
laboratories and medical examiner and coroner offices for
procuring equipment, technology, or other support systems if
the applicant for the grant demonstrates to the satisfaction of
the Attorney General that expenditures for such purposes would
result in improved efficiency of laboratory testing and help
prevent future backlogs;
``(3) reimburse State, tribal, and local law enforcement
agencies for procuring field-testing equipment for use in the
identification or detection of heroin, fentanyl, and associated
synthetic drugs;
``(4) investigate, arrest, and prosecute individuals
violating laws related to the distribution or sale of heroin,
fentanyl, and associated synthetic drugs; and
``(5) support State, tribal, and local health department
services deployed to address the use of heroin, fentanyl, and
associated synthetic drugs.
``(d) Limitation.--Not less than 60 percent of the amounts made
available to carry out this section shall be awarded for the purposes
under paragraph (1) or (2) of subsection (c).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2018, 2019, and 2020.
``(f) Allocation.--
``(1) Population allocation.--Seventy-five percent of the
amount made available to carry out this section in a fiscal
year shall be allocated to each State that meets the
requirements of section 2802 so that each State shall receive
an amount that bears the same ratio to the 75 percent of the
total amount made available to carry out this section for that
fiscal year as the population of the State bears to the
population of all States.
``(2) Discretionary allocation.--
``(A) In general.--Twenty-five percent of the
amount made available to carry out this section in a
fiscal year shall be allocated pursuant to the
discretion of the Attorney General for competitive
grants to States with high rates of primary treatment
admissions for heroin and other opioids, for use by
State law enforcement agencies.
``(B) Considerations.--In making grants under
subparagraph (A), the Attorney General shall consider--
``(i) the average annual number of part 1
violent crimes reported by each State to the
Federal Bureau of Investigation for the 3 most
recent calendar years for which data is
available; and
``(ii) the existing resources and current
needs of the potential grant recipient.
``(3) Minimum requirement.--Each State shall receive not
less than 0.6 percent of the amount made available to carry out
this section in each fiscal year.
``(4) Certain territories.--
``(A) In general.--For purposes of the allocation
under this section, American Samoa and the Commonwealth
of the Northern Mariana Islands shall be considered as
1 State.
``(B) Allocation amongst certain territories.--For
purposes of subparagraph (A), 67 percent of the amount
allocated shall be allocated to American Samoa and 33
percent shall be allocated to the Commonwealth of the
Northern Mariana Islands.''. | Combating the Opioid Epidemic Through Forensic Drug Testing Act of 2017 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance to award grants to states to address the distribution, sale, and use of heroin, fentanyl, and associated synthetic drugs. Grants may be used to: reimburse forensic science laboratories and medical examiner and coroner offices for efforts to address and prevent testing backlogs and efforts to conduct autopsies and toxicology testing related to drug overdose deaths; reimburse law enforcement agencies for equipment to identify or detect heroin, fentanyl, and associated synthetic drugs; investigate, arrest, and prosecute distributors or sellers; and support health department services for users. | Combating the Opioid Epidemic Through Forensic Drug Testing Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beach Act of 2015''.
SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.
(a) Monitoring Protocols.--Section 406(a)(1)(A) of the Federal
Water Pollution Control Act (33 U.S.C. 1346(a)(1)(A)) is amended by
striking ``methods for monitoring'' and inserting ``protocols for
monitoring that are most likely to detect pathogenic contamination''.
(b) Source Tracking.--Section 406(b) of such Act (33 U.S.C.
1346(b)) is amended by adding at the end the following:
``(5) Contents of monitoring and notification programs.--
For the purposes of this section, a program for monitoring,
assessment, and notification shall include, consistent with
performance criteria published by the Administrator under
subsection (a), monitoring, public notification, storm event
testing, source tracking, and sanitary surveys, and may include
prevention efforts, not already funded under this Act to
address identified sources of contamination by pathogens and
pathogen indicators in coastal recreation waters adjacent to
beaches or similar points of access that are used by the
public.''.
(c) Authorization of Appropriations.--Section 406(i) of such Act
(33 U.S.C. 1346(i)) is amended by striking ``2001 through 2005'' and
inserting ``2016 through 2020''.
SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH
ACT.
Section 8 of the Beaches Environmental Assessment and Coastal
Health Act of 2000 (Public Law 106-284) is amended by striking ``2005''
and inserting ``2018''.
SEC. 4. STATE REPORTS.
Section 406(b)(3)(A)(ii)) of the Federal Water Pollution Control
Act (33 U.S.C. 1346(b)(3)(A)(ii)) is amended by striking ``public'' and
inserting ``public and all environmental agencies of the State with
authority to prevent or treat sources of pathogenic contamination in
coastal recreation waters''.
SEC. 5. USE OF RAPID TESTING METHODS.
(a) Contents of State and Local Government Programs.--Section
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C.
1346(c)(4)(A)) is amended by striking ``methods'' and inserting
``methods, including a rapid testing method after the last day of the
one-year period after the date of validation of that rapid testing
method by the Administrator,''.
(b) Revised Criteria.--Section 304(a)(9)(A) of such Act (33 U.S.C.
1314(a)(9)(A)) is amended by striking ``methods, as appropriate'' and
inserting ``methods, including rapid testing methods''.
(c) Validation and Use of Rapid Testing Methods.--
(1) Validation of rapid testing methods.--Not later than 6
months after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency (in this
Act referred to as the ``Administrator'') shall complete an
evaluation and validation of a rapid testing method for the
water quality criteria and standards for pathogens and pathogen
indicators described in section 304(a)(9)(A) of the Federal
Water Pollution Control Act (33 U.S.C. 1314(a)(9)(A)).
(2) Guidance for use of rapid testing methods.--
(A) In general.--Not later than 180 days after
completion of the validation under paragraph (1), after
providing notice and an opportunity for public comment,
the Administrator shall publish guidance for the use at
coastal recreation waters adjacent to beaches or
similar points of access that are used by the public of
a rapid testing method that will enhance the protection
of public health and safety through rapid public
notification of any exceedance of applicable water
quality standards for pathogens and pathogen
indicators.
(B) Prioritization.--In developing such guidance,
the Administrator shall require the use of a rapid
testing method at those beaches or similar points of
access that are the most used by the public.
(d) Definition.--Section 502 of such Act (33 U.S.C. 1362) is
amended by adding at the end the following:
``(27) Rapid testing method.--The term `rapid testing
method' means a method of testing the water quality of coastal
recreation waters for which results are available as soon as
practicable and not more than 4 hours after receipt of the
applicable sample by the testing facility.''.
(e) Revisions to Rapid Testing Methods.--
(1) In general.--Upon completion of the validation required
under subsection (c)(1), and every 5 years thereafter, the
Administrator shall identify and review potential rapid testing
methods for existing water quality criteria for pathogens and
pathogen indicators for coastal recreation waters.
(2) Revisions to rapid testing methods.--If a rapid testing
method identified under paragraph (1) will make results
available in less time and improve the accuracy and
reproducibility of results when compared to the existing rapid
testing method, the Administrator shall complete an evaluation
and validation of the rapid testing method as expeditiously as
practicable.
(3) Reporting requirement.--Upon completion of the review
required under paragraph (1), the Administrator shall publish
in the Federal Register the results of the review, including
information on any potential rapid testing method proposed for
evaluation and validation under paragraph (2).
(4) Declaration of goals for rapid testing methods.--It is
a national goal that by 2019, a rapid testing method for
testing water quality of coastal recreation waters be developed
that can produce accurate and reproducible results in not more
than 2 hours after receipt of the applicable sample.
SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL AGENCIES.
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) in paragraph (5), in the matter preceding subparagraph
(A), by striking ``prompt communication'' and inserting
``communication, within 2 hours of the receipt of the results
of a water quality sample,'';
(2) by striking paragraph (5)(A) and inserting the
following:
``(A) in the case of--
``(i) any State in which the Administrator
is administering the program under section 402,
the Administrator, in such form as the
Administrator determines to be appropriate; and
``(ii) any State other than a State to
which clause (i) applies, all agencies of the
State government with authority to require the
prevention or treatment of the sources of
coastal recreation water pollution; and'';
(3) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(4) by inserting after paragraph (5) the following:
``(6) measures for an annual report to the Administrator,
in such form as the Administrator determines appropriate, on
the occurrence, nature, location, pollutants involved, and
extent of any exceedance of applicable water quality standards
for pathogens and pathogen indicators;''.
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) in paragraph (7) (as redesignated by section (6)(3) of
this Act)--
(A) by striking ``the posting'' and inserting ``the
immediate posting''; and
(B) by striking ``and'' at the end;
(2) by striking the period at the end of paragraph (8) (as
redesignated by section 6(3) of this Act) and inserting a
semicolon; and
(3) by adding at the end the following:
``(9) the availability of a geographic information system
database that such State or local government program shall use
to inform the public about coastal recreation waters and that--
``(A) is publicly accessible and searchable on the
Internet;
``(B) is organized by beach or similar point of
access;
``(C) identifies applicable water quality
standards, monitoring protocols, sampling plans and
results, and the number and cause of coastal recreation
water closures and advisory days; and
``(D) is updated within 12 hours of the
availability of information indicating the presence of
pathogens or pathogen indicators; and
``(10) measures to ensure that closures or advisories are
made or issued within 2 hours after the receipt of the results
of a water quality sample that exceeds applicable water quality
standards for pathogens and pathogen indicators.''.
SEC. 8. COMPLIANCE REVIEW.
Section 406(h) of the Federal Water Pollution Control Act (33
U.S.C. 1346(h)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by moving such subparagraphs 2 ems to the right;
(3) by striking ``In the'' and inserting the following:
``(1) In general.--In the''; and
(4) by adding at the end the following:
``(2) Compliance review.--On or before July 31 of each
calendar year beginning after the date of enactment of this
paragraph, the Administrator shall--
``(A) prepare a written assessment of compliance
with all statutory and regulatory requirements of this
section for each State and local government and of
compliance with conditions of each grant made under
this section to a State or local government;
``(B) notify the State or local government of such
assessment; and
``(C) make each of the assessments available to the
public in a searchable database on the Internet on or
before December 31 of such calendar year.
``(3) Corrective action.--If a State or local government
that the Administrator notifies under paragraph (2) is not in
compliance with any requirement or grant condition described in
paragraph (2) fails to take such action as may be necessary to
comply with such requirement or condition within one year after
the date of notification, any grants made under subsection (b)
to the State or local government, after the last day of such
one-year period and while the State or local government is not
in compliance with all requirements and grant conditions
described in paragraph (2), shall have a Federal share of not
to exceed 50 percent.
``(4) GAO review.--Not later than December 31 of the third
calendar year beginning after the date of enactment of this
paragraph, the Comptroller General shall conduct a review of
the activities of the Administrator under paragraphs (2) and
(3) during the first and second calendar years beginning after
such date of enactment and submit to Congress a report on the
results of such review.''.
SEC. 9. PUBLICATION OF COASTAL RECREATION WATERS PATHOGEN LIST.
Section 304(a)(9) of the Federal Water Pollution Control Act (33
U.S.C. 1314(a)(9)) is amended by adding at the end the following:
``(C) Publication of pathogen and pathogen
indicator list.--Upon publication of the new or revised
water quality criteria under subparagraph (A), the
Administrator shall publish in the Federal Register a
list of all pathogens and pathogen indicators studied
under section 104(v).''.
SEC. 10. ADOPTION OF NEW OR REVISED CRITERIA AND STANDARDS.
Section 303(i) of the Federal Water Pollution Control Act (33
U.S.C. 1313(i)) is amended--
(1) in paragraph (1)(A), by striking ``water quality
criteria and standards'' and inserting ``the most protective
water quality criteria and standards practicable''; and
(2) in paragraph (2)(A), by striking ``paragraph (1)(A)''
each place it appears and inserting ``paragraph (1)''.
SEC. 11. NATIONAL LIST OF BEACHES.
Section 406(g) of the Federal Water Pollution Control Act (33
U.S.C. 1346(g)) is amended--
(1) in paragraph (1), by inserting ``, regardless of the
presence of a lifeguard,'' after ``that are used by the
public''; and
(2) in paragraph (3), by striking ``The Administrator'' and
all that follows through the period and inserting ``Not later
than 12 months after the date of the enactment of the Beach Act
of 2015, and biennially thereafter, the Administrator shall
update the list described in paragraph (1).''.
SEC. 12. IMPACT OF CLIMATE CHANGE ON PATHOGENIC CONTAMINATION OF
COASTAL RECREATION WATERS.
(a) Study.--The Administrator shall conduct a study on the long-
term impact of climate change on pathogenic contamination of coastal
recreation waters.
(b) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the results of the study conducted under
subsection (a).
(2) Information on potential contamination impacts.--The
report shall include information on the potential impacts of
pathogenic contamination on ground and surface water resources
as well as public and ecosystem health in coastal communities.
(3) Federal actions.--The report shall highlight necessary
Federal actions to help advance the availability of information
and tools to assess and mitigate these effects in order to
protect public and ecosystem health.
(4) Consultation.--In developing the report, the
Administrator shall work in consultation with agencies active
in the development of the National Water Quality Monitoring
Network and the implementation of the Ocean Research Priorities
Plan and Implementation Strategy.
SEC. 13. IMPACT OF EXCESS NUTRIENTS ON COASTAL RECREATION WATERS.
(a) Study.--The Administrator shall conduct a study to review the
available scientific information pertaining to the impacts of excess
nutrients on coastal recreation waters.
(b) Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Administrator shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of the study
conducted under subsection (a).
(2) Impacts.--Such report shall include information on any
adverse impacts of excess nutrients on coastal recreation
waters, including adverse impacts caused by algal blooms
resulting from excess nutrients.
(3) Recommendations.--Such report shall include
recommendations for action to address adverse impacts of excess
nutrients and algal blooms on coastal recreation waters,
including the establishment and implementation of numeric water
quality criteria for nutrients.
(4) Consultation.--In developing such report, the
Administrator shall consult with the heads of other appropriate
Federal agencies (including the National Oceanic and
Atmospheric Administration), States, and local government
entities. | Beach Act of 2015 This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise and reauthorize through FY2020 a grant program for monitoring, and notifying the public of, any pathogens in coastal recreation waters bordering public beaches. The bill reauthorizes through FY2018 the Beaches Environmental Assessment and Coastal Health Act of 2000. The bill establishes requirements with respect to: (1) using rapid testing methods to detect unsafe levels of pathogens or pathogen indicators in those waters, and (2) notifying governmental agencies when pathogens exceed water quality standards. Those methods must provide testing results within four hours of receiving a sample. Communication with governments must occur within two hours of the receipt of the results of water quality samples. The Environmental Protection Agency (EPA) must assess state and local compliance with coastal recreation water quality monitoring and notification legal requirements and grant conditions. The bill limits federal support of grants to non-compliant state or local governments. The Government Accountability Office must review the EPA's compliance assessments and corrective actions. States with coastal recreation waters must adopt the most protective water quality criteria and standards practicable for pathogens. The EPA must: (1) update the national list of beaches that are used by the public regardless of the presence of a lifeguard within 12 months and biennially thereafter (currently, periodically); (2) study the long-term impact of climate change on pathogenic contamination of coastal recreation waters; and (3) study the impacts of excess nutrients on coastal recreation waters. | Beach Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Job Creation and Investment
Act''.
SEC. 2. ELECTION TO TEMPORARILY UTILIZE UNUSED AMT CREDITS DETERMINED
BY DOMESTIC WAGES AND DOMESTIC INVESTMENT.
(a) In General.--Section 53 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(g) Election for Corporations With Unused Credits.--
``(1) In general.--If a corporation elects to have this
subsection apply, then notwithstanding any other provision of
law, the limitation imposed by subsection (c) for any such
taxable year shall be increased by the AMT credit adjustment
amount.
``(2) AMT credit adjustment amount.--For purposes of
paragraph (1), the term `AMT credit adjustment amount' means
with respect to any taxable year beginning in 2010 or 2011, the
lesser of--
``(A) a corporation's minimum tax credit determined
under subsection (b), or
``(B) the sum of--
``(i) 20 percent of new qualifying domestic
compensation paid during such taxable year,
determined by taking into account not more than
$100,000 for each employee, plus
``(ii) 20 percent of new domestic
investments made during such taxable year, plus
``(iii) 10 percent of qualifying domestic
compensation paid during the preceding taxable
year, determined by taking into account not
more than $100,000 for each employee.
``(3) Qualifying domestic compensation.--For purposes of
this subsection, the term `qualifying domestic compensation'
means, with respect to any person for any taxable year of such
person, the sum of the amounts described in paragraphs (3),
(8), and (9) of section 6051(a) paid by such person with
respect to employment of citizens or residents of the United
States (within the meaning of section 7701(a)(30)(A)) by such
person during the calendar year ending during such taxable
year.
``(4) New qualifying domestic compensation.--For purposes
of this subsection, the term `new qualifying domestic
compensation' means qualifying domestic compensation paid with
respect to employment of individuals the hiring date (or, in
the case of furloughed employees, the recall date) of whom
occurs during the taxable year. For purposes of the preceding
sentence, rules similar to the rules of section 51(i)(1) shall
apply.
``(5) New domestic investments.--For purposes of this
subsection, the term `new domestic investments' means the cost
of qualified property (as defined in section 168(k)(2)(A)(i))--
``(A) the original use of which commences with the
taxpayer during the taxable year, and
``(B) which is placed in service in the United
States by the taxpayer during such taxable year.
``(6) Special maintenance of workforce rule.--
``(A) In general.--In any taxable year beginning in
2011, paragraph (2)(B)(iii) shall apply only if the
taxpayer's qualifying domestic compensation in such
taxable year is at least 100 percent of such
compensation in the preceding taxable year.
``(B) Acquisitions, etc.--For purposes of
subparagraph (A), in determining the qualifying
domestic compensation for the preceding taxable year,
rules similar to the rules under subparagraphs (A) and
(B) of section 41(f)(3) shall apply to adjust the
compensation for acquisitions and dispositions (taxable
or otherwise) of any major portion of a trade or
business or any major portion of a separate unit of a
trade or business.
``(7) Credit refundable.--For purposes of subsections (b)
and (c) of section 6401, the aggregate increase in the credits
allowable under part IV of subchapter A for any taxable year
resulting from the application of this subsection shall be
treated as allowed under subpart C of such part (and not to any
other subpart).
``(8) Election.--
``(A) In general.--An election under this
subsection shall be made at such time and in such
manner as prescribed by the Secretary, and once
effective, may be revoked only with the consent of the
Secretary.
``(B) Interim elections.--Until such time as the
Secretary prescribes a manner for making an election
under this subsection, a taxpayer is treated as having
made a valid election by providing written notification
to the Secretary and the Commissioner of Internal
Revenue of such election.
``(C) Election to increase limitation in earlier
year.--A corporation may elect to increase the
limitation under subsection (c) for its taxable year
which includes December 31, 2009. The increase in the
limitation under subsection (c) to which an election
under this subparagraph applies shall not exceed the
AMT credit adjustment amount (as determined under
paragraph (2)) as of the date of such election is made.
Any AMT credit adjustment amount not included in such
election will be included in the corporation's return
for its first taxable year beginning after December 31,
2009. Such election, once made, is irrevocable. Such
election may be made only if the corporation files such
amended returns (and pays such tax) as is necessary to
comply with paragraph (11).
``(9) Aggregation rule.--For purposes of this subsection--
``(A) all corporations which are members of an
affiliated group of corporations filing a consolidated
tax return, and
``(B) all partnerships in which more than 50
percent of the capital and profits interest in the
partnership are owned by the corporation (directly or
indirectly) at all times during the taxable year in
which an election under this subsection is in effect,
shall be treated as a single corporation.
``(10) Application to partnerships.--In the case of a
partnership--
``(A) this subsection shall be applied at the
partner level, and
``(B) each partner shall be treated as having for
the taxable year an amount equal to such partner's
allocable share of the qualifying domestic
compensation, new qualifying domestic compensation, and
new domestic investments of the partnership for such
taxable year (as determined under regulations
prescribed by the Secretary).
``(11) No double benefit.--Notwithstanding clause (iii)(II)
of section 172(b)(1)(H), any taxpayer which has previously made
an election under such section shall be deemed to have revoked
such election by the making of its first election under this
subsection.
``(12) Regulations.--The Secretary may issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this subsection,
including to prevent fraud and abuse under this subsection.
``(13) Termination.--This subsection shall not apply to any
taxable year that begins after December 31, 2011.''.
(b) Quick Refund of Refundable Credit.--Section 6425 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(e) Allowance of AMT Credit Adjustment Amount.--The amount of an
adjustment under this section as determined under subsection (c)(2) for
any taxable year may be increased to the extent of the corporation's
AMT credit adjustment amount determined under section 53(g) for such
taxable year.''.
(c) Effective Date.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to taxable years ending after December 30, 2009.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to taxable years beginning after December 31, 2009. | American Job Creation and Investment Act - Amends the Internal Revenue Code to allow a corporation to elect in 2010 and 2011 to increase its alternative minimum tax (AMT) credits by a specified credit adjustment amount for purposes of increasing its U.S. workforce and making investments in business equipment. Allows a similar election for a taxable year which includes December 31, 2009, with certain restrictions. Terminates such additional credit allowance after December 31, 2011. | To amend the Internal Revenue Code of 1986 to allow companies to utilize existing alternative minimum tax credits to create and maintain United States jobs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welcoming Business Travelers and
Tourists to America Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) International travel to the United States generates
more than $134 billion annually in exports and supports 1.8
million United States jobs.
(2) Each overseas visitor spends an average of $4,000 at
hotels, restaurants, and other United States businesses.
(3) As an industry sector, travel and tourism creates one
of the country's only balance-of-trade surpluses, valued at
$31.7 billion in 2010.
(4) Global travel spending is expected to double over the
next decade, reaching $2.1 trillion.
(5) While world-wide long-haul international travel grew by
40 percent between 2000 and 2010, the United States market
share of long-haul travel dropped from 17 percent in 2000 to 12
percent during the same timeframe.
(6) Over that decade, the United States lost the
opportunity to welcome 78 million visitors and generate $606
billion in direct and downstream spending.
(7) The volume of travel to the United States, as compared
with other global destinations, is particularly uncompetitive
from emerging markets with fast growing demand.
(8) Lagging overseas arrivals result in large part from a
United States visa application process that is perceived by
potential business and leisure travelers as inefficient, time
consuming, and inaccessible.
(9) The Government Accountability Office has reported that
the Department of State's efforts to address staffing,
facilities, and other consular constraints are generally
temporary, unsustainable, and insufficient to meet expected
increases in demand for nonimmigrant visa applications.
(10) Instituting new procedures to make the visa process
more efficient without reducing security protocols and
developing longer-term plans that accurately meet increasing
workload demand can systemically address visa application
backlogs and inefficiencies.
(11) By regaining 17 percent of the long-haul travel market
in 2015 and sustaining it through 2020, the United States can
attract 98 million more visitors, create 1.3 million additional
jobs, and generate $859 billion in United States economic
output by 2020.
(12) Increased international travel to the United States
also achieves United States foreign policy objectives by
introducing foreign visitors the United States and to
Americans, who are the United States best goodwill ambassadors.
(13) The Department of State recently implemented some
reforms to accelerate visa application processing in China and
Brazil, laying the foundation to increase capacity, but still
requires additional reforms to meet demand on a permanent,
systemic basis.
(14) Removing the self-imposed barriers in the visa
application process that currently discourage inbound
international travel to the United States would yield
significant economic and public diplomacy benefits for the
United States.
SEC. 3. VISA PROCESSING.
Notwithstanding any other provision of law, the Secretary of State
shall set a visa processing standard of 12 or fewer calendar days at
United States diplomatic and consular missions in China, Brazil, and
India, and use machine readable nonimmigrant visa fees to hire a
sufficient number of Foreign Service officers and limited non-career
appointment consular officers to meet and maintain such standard
throughout the year.
SEC. 4. VISA VIDEO-CONFERENCING.
(a) Pilot Program.--The Secretary of State shall conduct a two-year
pilot program for the processing of nonimmigrant visas using secure
remote video-conferencing technology as a method for conducting visa
interviews of applicants, and shall work with other Federal agencies
that use such secure communications to help ensure security of the
video-conferencing transmission and encryption.
(b) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall initiate a
rulemaking process to establish the pilot program described in
subsection (a), criteria for participation in such program, and the fee
for such program in accordance with subsection (d).
(c) Participation.--The Secretary of State shall ensure that the
pilot program described in subsection (a) includes as many visa
applicants as practicable by--
(1) establishing a reasonable cost of enrollment;
(2) providing such applicants with clear and consistent
eligibility guidelines; and
(3) making program enrollment convenient and easily
accessible.
(d) Fees.--The Secretary of State may impose a fee for the pilot
program described in subsection (a). Such fee may not exceed the
aggregate costs associated with such program and shall be credited to
the Department of State for purposes of carrying out such program.
Amounts so credited shall remain available until expended.
(e) Report.--Not later than one year after initiating the pilot
program described in subsection (a) and again not later than 90 days
after the conclusion of the two-year period referred to in such
subsection, the Secretary of State shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on such pilot program. Each
such report shall assess the efficacy of using secure remote video-
conferencing technology as a method for conducting visa interviews of
applicants, including any effect such method may have on an
interviewer's ability to determine an applicant's credibility and
uncover fraud, and shall include recommendations on whether such
program should be continued, broadened, or modified.
SEC. 5. DATA ON VISA INTERVIEW WAIT TIMES.
The Secretary of State shall post on the Web site of the Department
of State the following data relating to nonimmigrant visas for each
United States diplomatic and consular mission:
(1) The monthly median wait times measured in calendar days
for the past 12 months for a nonimmigrant visa interview
appointment.
(2) The monthly median wait times measured in calendar days
for the past 12 months for a nonimmigrant visa to be processed.
SEC. 6. VISA SYSTEM PERFORMANCE ASSESSMENT.
The Secretary of State shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report that includes the following:
(1) An annual forecast of demand through 2020 for
nonimmigrant visas in the key high-growth markets of Brazil,
China, and India.
(2) A description of the methodology used to determine the
annual demand forecasts in accordance with paragraph (1) for
nonimmigrant visas in Brazil, China, and India, including--
(A) details on the internal and external studies
utilized to prepare such forecasts; and
(B) details on whether such methodology utilizes
the Department of Commerce's analysis of visitor
arrival projections.
(3) A comparison of the Department of State's nonimmigrant
visa demand projections and the Department of Commerce's yearly
visitor arrival projections for Brazil, China, and India
through 2020 and details on whether the Department of State's
workload projections for each such country align with the
Department of Commerce's yearly visitor arrival projections.
(4) A description of the practices and procedures currently
used by each United States diplomatic and consular mission in
Brazil, China, and India to manage nonimmigrant visa workload.
(5) Information on short- and long-term plans developed to
meet the forecasted demand for nonimmigrant visas through 2020
in Brazil, China, and India, including facility expansion
needs.
(6) The total number of limited non-career appointment
(LNA) consular officers the Department of State would need to
hire annually through 2020 to maintain a 12 or fewer calendar
day nonimmigrant visa processing standard in Brazil, China, and
India, in accordance with section 3.
(7) Information on the strategies the Department of State
will use to maximize existing consular and embassy space to
accommodate the new LNA personnel referred to in paragraph (6).
SEC. 7. VISA VALIDITY PERIOD.
If the Secretary of State can demonstrate no adversarial effects to
the United States, the Secretary may modify or enter into agreements
with certain countries on a non-reciprocal basis to allow for longer
visa validity periods than the periods with such countries that are in
existence as of the date of the enactment of this Act. | Welcoming Business Travelers and Tourists to America Act of 2011 - Directs the Secretary of State to: (1) set a visa processing standard of 12 or fewer calendar days at U.S. diplomatic and consular missions in China, Brazil, and India; and (2) use machine readable nonimmigrant visa fees to hire a sufficient number of Foreign Service officers and limited non-career appointment consular officers to maintain such standard.
Directs the Secretary to: (1) conduct a two-year pilot program for the processing of nonimmigrant visas using secure remote video-conferencing technology for visa interviews, and (2) work with other federal agencies that use such secure communications to help ensure security of the video-conferencing transmission and encryption.
Directs the Secretary to provide Congress with an annual forecast of demand through 2020 for nonimmigrant visas in the high-growth markets of Brazil, China, and India.
Authorizes the Secretary to modify or enter into agreements with certain countries on a non-reciprocal basis to allow for longer visa validity periods if doing so causes no adverse effects to the United States. | To promote job creation in the United States by directing the Secretary of State to address inefficiencies in the visa processing system that discourage overseas business and leisure travel to the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Dependent Care Tax Credit
Enhancement Act of 2015''.
SEC. 2. ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX CREDIT.
(a) In General.--Paragraph (2) of section 21(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(2) Applicable percentage.--For purposes of paragraph
(1), the term `applicable percentage' means--
``(A) in the case of employment-related expenses
incurred for the care of a qualifying individual who
has not attained 5 years of age before the close of the
taxable year, 50-percent reduced (but not below 20
percent) by 1 percentage point for each $2,000 (or
fraction thereof) by which the taxpayer's adjusted
gross income for the taxable year exceeds $120,000, and
``(B) in the case of any employment-related
expenses which are not described in subparagraph (A),
35-percent reduced (but not below 20 percent) by 1
percentage point for each $2,000 (or fraction thereof)
by which the taxpayer's adjusted gross income for the
taxable year exceeds $120,000.''.
(b) Increase in Dollar Limit on Amount Creditable.--Paragraphs (1)
and (2) of section 21(c) of such Code are amended to read as follows:
``(1) in the case of 1 qualifying individual with respect
to the taxpayer for such taxable year--
``(A) if such qualifying individual has attained 5
years of age before the close of the taxable year,
$3,000, or
``(B) if such qualifying individual has not
attained 5 years of age before the close of the taxable
year, $6,000, or
``(2) in the case of 2 or more qualifying individuals with
respect to the taxpayer for such taxable year--
``(A) if 1 of such qualifying individuals has not
attained 5 years of age before the close of the taxable
year, $9,000, or
``(B) if 2 or more of such qualifying individuals
have not attained 5 years of age before the close of
the taxable year, $12,000.''.
(c) Adjustment for Inflation.--Section 21 of such Code is amended--
(1) by redesignating subsection (f) as subsection (g), and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Inflation Adjustment.--
``(1) In general.--In the case of a calendar year beginning
after 2016, the $120,000 dollar amounts in subparagraphs (A)
and (B) of subsection (a)(2) and the dollar amounts in
subsection (c) shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any dollar amount, after being
increased under paragraph (1), is not a multiple of $100, such
dollar amount shall be rounded to the next lowest multiple of
$100.''.
(d) Credit To Be Refundable.--
(1) In general.--The Internal Revenue Code of 1986 is
amended--
(A) by redesignating section 21 as section 36C, and
(B) by moving section 36C, as so redesignated, from
subpart A of part IV of subchapter A of chapter 1 to
the location immediately before section 37 in subpart C
of part IV of subchapter A of chapter 1.
(2) Technical amendments.--
(A) Paragraph (1) of section 23(f) of the Internal
Revenue Code of 1986 is amended by striking ``21(e)''
and inserting ``36C(e)''.
(B) Paragraph (6) of section 35(g) of such Code is
amended by striking ``21(e)'' and inserting ``36C(e)''.
(C) Paragraph (1) of section 36C(a) of such Code
(as redesignated by paragraph (1)) is amended by
striking ``this chapter'' and inserting ``this
subtitle''.
(D) Subparagraph (C) of section 129(a)(2) of such
Code is amended by striking ``section 21(e)'' and
inserting ``section 36C(e)''.
(E) Paragraph (2) of section 129(b) of such Code is
amended by striking ``section 21(d)(2)'' and inserting
``section 36C(d)(2)''.
(F) Paragraph (1) of section 129(e) of such Code is
amended by striking ``section 21(b)(2)'' and inserting
``section 36C(b)(2)''.
(G) Subsection (e) of section 213 of such Code is
amended by striking ``section 21'' and inserting
``section 36C''.
(H) Subparagraph (H) of section 6213(g)(2) of such
Code is amended by striking ``section 21'' and
inserting ``section 36C''.
(I) Subparagraph (L) of section 6213(g)(2) of such
Code is amended by striking ``section 21, 24, or 32,''
and inserting ``section 24, 32, or 36C,''.
(J) Paragraph (2) of section 1324(b) of title 31,
United States Code, is amended by inserting ``36C,''
after ``36B,''.
(K) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 36B the following:
``Sec. 36C. Expenses for household and dependent care services
necessary for gainful employment.''.
(L) The table of sections for subpart A of such
part IV is amended by striking the item relating to
section 21.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Child and Dependent Care Tax Credit Enhancement Act of 2015 Amends the Internal Revenue Code, with respect to the tax credit for employment-related expenses incurred for the care of a taxpayer's dependent, to: (1) increase to $120,000, the adjusted gross income threshold level above which such credit is incrementally reduced; (2) increase the dollar limit on the allowable amount of such credit; (3) allow an inflation adjustment to the threshold amount and the maximum credit amounts, beginning after 2016; and (4) make such credit refundable. | Child and Dependent Care Tax Credit Enhancement Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start Accountability Act of
2005''.
SEC. 2. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS.
Section 638 of the Head Start Act (42 U.S.C. 9833) is amended by
inserting ``for a period of 5 years'' after ``provide financial
assistance to such agency''.
SEC. 3. DESIGNATION OF HEAD START AGENCIES.
Subsections (a), (b), and (c) of section 641 of the Head Start Act
(42 U.S.C. 9836) are amended to read as follows:
``(a) Designation.--
``(1) In general.--The Secretary is authorized to designate
as a Head Start agency any local public or private nonprofit or
for-profit agency, within a community, including a community-
based organization, that--
``(A) has power and authority to carry out the
purpose of this subchapter and perform the functions
set forth in section 642 within such community; and
``(B) is determined by the Secretary (in
consultation with the chief executive officer of the
State involved, if the State expends non-Federal funds
to carry out Head Start programs) to be capable of
planning, conducting, administering, and evaluating,
either directly or by other arrangements, a Head Start
program.
``(2) Required goals for designation.--In order to be
eligible for designation as a Head Start agency, an entity
described in paragraph (1) shall establish program goals for
continuous improvement in all areas of program operations
(including early childhood development and health services),
program design and management, and family and community
partnerships.
``(3) Eligibility for subsequent designation.--In order to
be eligible for designation as a Head Start agency subsequent
to the initial designation made by the Secretary after the
effective date of the Head Start Accountability Act of 2005, a
Head Start agency shall demonstrate that such agency has met or
is making progress toward meeting such goals.
``(4) Local oversight board.--In order to be eligible for
designation as a Head Start agency, an entity described in
paragraph (1) shall establish a local oversight board that--
``(A) is composed of volunteer individuals who
include (but are not limited to) a Head Start parent, a
representative of a school board, a child development
expert, a member of the business community, and other
volunteer individuals who are residents of the
community, including individuals who have an
understanding of the general principles of accounting,
law, business administration, and management;
``(B) operates as a unit independent of staff
employed by such agency;
``(C) actively participates in the development,
strategic planning, implementation, and evaluation of
the Head Start program for which it is established;
``(D) provides oversight of such program to ensure
that such Head Start agency is delivering high quality
services to children and families in compliance with
all applicable standards in effect under this
subchapter and with the applicable performance measures
established by the Secretary under section 644;
``(E) takes no action that may provide (and takes
appropriate action to prevent providing) any direct or
indirect financial benefit to any member of such board
or to any member of the staff of such agency;
``(F) reviews and approves annually the operating
budget of such program;
``(G) reviews and approves the bylaws applicable to
such program;
``(H) reviews annually the human resources
(including administrative and management staff)
available to carry out such program and makes
recommendations regarding such resources to ensure the
effective operation of such program; and
``(I) monitors staff implementation of any
corrective action necessary to comply with applicable
laws (including regulations) governing financial
statements and with all requirements applicable under
this subchapter.
``(b) Communities.--For purposes of this subchapter, a community
may be a city, county, or multicity or multicounty unit within a State,
an Indian reservation (including Indians in any off-reservation area
designated by an appropriate tribal government in consultation with the
Secretary), or a neighborhood or other area (irrespective of boundaries
or political subdivisions) that provides a suitable organizational base
and that possesses the commonality of interest needed to operate a Head
Start program.
``(c) Priority in Designation.--In administering the provisions of
this section, the Secretary shall, in consultation with the chief
executive officer of the State involved, give priority in the
designation (including a subsequent designation) of Head Start agencies
to any high-performing Head Start agency or delegate agency that--
``(1) is receiving assistance under this subchapter;
``(2) meets or exceeds program and financial management
requirements, standards described in section 641A(a)(1), and
other requirements established by the Secretary;
``(3) has no unresolved programmatic deficiencies or areas
of noncompliance, and has not had findings of deficiencies
during the then most recent triennial review conducted under
section 641A(c); and
``(4) has taken the actions required by the Secretary under
section 647(c) to correct deficiencies.''.
SEC. 4. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES AND
PROGRAMS.
(a) Quality Standards.--Section 641A(a) of the Head Start Act (42
U.S.C. 9836a(a)) is amended--
(1) in paragraph (1) by amending subparagraph (C) to read
as follows:
``(C) administrative and financial management
standards, including internal controls necessary to
safeguard Federal funds;'', and
(2) by adding at the end the following:
``(4) Evaluations and corrective actions for delegate
agencies.--
``(A) Procedures.--Each Head Start agency shall
establish procedures relating to its delegate agencies,
including--
``(i) procedures for evaluating delegate
agencies;
``(ii) procedures for terminating financial
assistance otherwise provided to delegate
agencies; and
``(iii) procedures for appealing a
financial assistance termination decision
relating to a delegate agency.
``(B) Evaluations.--Each Head Start agency--
``(i) shall evaluate its delegate agencies
using the procedures established pursuant to
this section; and
``(ii) shall inform such delegate agencies
of the deficiencies identified through the
evaluation that are required to be corrected.
``(C) Remedies to ensure corrective actions.--If a
Head Start agency identifies a deficiency for a
delegate agency through the evaluation, such Head Start
agency may--
``(i) initiate procedures to terminate the
designation of such delegate agency unless such
delegate agency corrects the deficiency;
``(ii) conduct monitoring visits, as needed
and without notice, to such delegate agency
until either such deficiency is corrected or
such Head Start agency terminates the financial
assistance otherwise provided to such delegate
agency; and
``(iii) release funds to such delegate
agency only as reimbursements until either such
deficiency is corrected by such delegate agency
or such Head Start agency terminates financial
assistance otherwise provided such delegate
agency.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to modify or supersede the
responsibilities of the Secretary with respect to Head
Start agencies or delegate agencies that receive
financial assistance under this subchapter.''.
(b) Corrective Action; Termination.--Section 641A(d) of the Head
Start Act (42 U.S.C. 9836a(d)) is amended--
(1) in paragraph (1)(B)(ii)--
(A) by striking ``90'' and inserting ``60'', and
(B) by striking ``90-day'' and inserting ``60-
day'', and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``90-day'' and
inserting ``60-day'', and
(B) by amending subparagraph (B) to read as
follows:
``(B) Secretarial responsibility.--The Secretary
shall--
``(i) not later than 30 days after
receiving from a Head Start agency a proposed
quality improvement plan for corrective action
pursuant to subparagraph (A), either approve
such plan or specify the reasons why such plan
cannot be approved; and
``(ii) not later than 60 days after
approving a quality improvement plan under this
subparagraph, conduct an on-site review to
certify that all deficiencies of such Head
Start agency, and of all Head Start programs
operated by such Head Start agency, have been
corrected in accordance with the standards
established under this subchapter and with the
results-based performance measures developed by
the Secretary under subsection (b).''.
SEC. 5. APPEALS, NOTICE, AND HEARING.
(a) Procedures.--Paragraphs (2) and (3) of section 646(a) of the
Head Start Act (42 U.S.C. 9841(a)) are amended to read as follows:
``(2) except in emergency situations, a recipient of financial
assistance under this subchapter shall receive written notice not less
than 30 days before such assistance is suspended, terminated, or
reduced;
``(3) such recipient shall be provided an opportunity for full and
fair hearing, including an opportunity to show cause why the action
described in such notice should not be taken; and''.
(b) Limitation on Use of Funds.--Section 646 of the Head Start Act
(42 U.S.C. 9841) is amended by adding at the end the following:
``(f) A recipient of financial assistance under this subchapter may
not use such assistance for the purpose of appealing any decision made
by the Secretary under this subchapter.''.
SEC. 6. AUDITS.
Section 647 of the Head Start Act (42 U.S.C. 9842) is amended by
adding at the end the following:
``(c)(1) Not later that 60 days after the end of each fiscal year,
each Head Start agency shall submit to the Secretary an independent
financial audit of the Head Start program carried out with financial
assistance provided under this subchapter. Such audit shall be carried
out by a certified public accountant selected through a competitive
process from among qualified certified accountants by the local
oversight board established in accordance with section 641(a) by such
agency, except that no accountant may perform audits of such program
for a period exceeding 2 consecutive fiscal years.
``(2) Not later than 60 days after receiving such audit, the
Secretary shall provide to such agency, and to the chief executive
officer of the State in which such program is operated, a notice
identifying the actions such agency is required to take to correct all
deficiencies identified in such audit.
``(d) Each recipient of financial assistance under this subchapter
shall--
``(1) maintain, and annually submit to the Secretary, a
complete accounting of its administrative expenses (including a
detailed statement identifying the amount of financial
assistance provided under this subchapter used to pay expenses
for salaries and compensation and the amount (if any) of other
funds used to pay such expenses); and
``(2) provide such additional documentation as the
Secretary may require.''.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the 1st day of the 1st fiscal year beginning after the date of the
enactment of this Act. | Head Start Accountability Act of 2005 - Amends the Head Start Act to require additional accountability measures for Head Start agencies, including: (1) agency designation period limits; (2) redesignation priorities; (3) local oversight boards; (4) administrative and financial management standards; (5) delegate agency evaluations and corrective actions; (6) shorter deadlines for agency corrective actions; (7) revised notice and hearing procedures for assistance suspensions, terminations, or reductions; and (8) annual audits. Prohibits recipients from using Head Start assistance to appeal any decision of the Secretary of Health and Human Services under the Act. | To amend the Head Start Act to provide greater accountability for Head Start agencies. |
.
(a) Arbitration.--
(1) In general.--The Secretary shall establish within the
Forest Service an arbitration program as an alternative dispute
resolution process in lieu of judicial review for the projects
described in subsection (b).
(2) Notification to objectors.--On issuance of an appeal
response to an objection filed with respect to an ecosystem
restoration project subject to an objection at the project
level under part 218 of title 36, Code of Federal Regulations
(as in effect on the date of enactment of this Act), the
Secretary shall notify each applicable individual or entity
that submitted the objection (referred to in this section as
the ``objector'') that any further appeal may be subject to
arbitration in accordance with this section.
(b) Description of Projects.--The Secretary, at the sole discretion
of the Secretary, may designate the following types of ecosystem
restoration projects for arbitration:
(1) Projects developed through a collaborative process
(within the meaning of section 603(b)(1)(C) of the Healthy
Forest Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C))).
(2) Projects identified in a community wildfire protection
plan.
(3) For each applicable calendar year, not more than 2
other types of ecosystem restoration projects for each region
of the Forest Service.
(c) Arbitrators.--
(1) Appointment.--The Secretary shall develop and publish a
list of not fewer than 20 individuals eligible to serve as
arbitrators for the program under this section.
(2) Qualifications.--In order to be eligible to serve as an
arbitrator under this subsection, an individual shall be
currently certified by the American Arbitration Association.
(d) Initiation of Arbitration.--
(1) In general.--Not later than 7 days after the date of
receipt of a notice of intent to file suit challenging an
ecosystem restoration project, the Secretary shall notify each
applicable objector and the court of jurisdiction that the
project has been designated for arbitration in accordance with
this section.
(2) Demand for arbitration.--
(A) In general.--An objector that sought judicial
review of an ecosystem restoration project that has
been designated by the Secretary for arbitration under
this section may file a demand for arbitration in
accordance with--
(i) sections 571 through 584 of title 5,
United States Code; and
(ii) this paragraph.
(B) Requirements.--A demand for arbitration under
subparagraph (A) shall--
(i) be filed not later than the date that
is 30 days after the date of the notification
by the Secretary under paragraph (1); and
(ii) include an alternative proposal to the
applicable ecosystem restoration project that
describes each modification sought by the
objector with respect to the ecosystem
restoration project.
(e) Selection of Arbitrator.--For each arbitration commenced under
this section, the Secretary and each applicable objector shall agree on
a mutually acceptable arbitrator from the list published under
subsection (c)(1).
(f) Responsibilities of Arbitrator.--
(1) In general.--An arbitrator selected under subsection
(e)--
(A) shall address each demand filed for arbitration
with respect to an ecosystem restoration project under
this section; but
(B) may consolidate into a single arbitration all
demands for arbitration by all objectors with respect
to an ecosystem restoration project.
(2) Selection of proposals.--An arbitrator shall make a
decision regarding each applicable demand for arbitration under
this section by selecting--
(A) the ecosystem restoration project, as approved
by the Secretary; or
(B) an alternative proposal submitted by the
applicable objector.
(3) Limitations.--
(A) Administrative record.--A decision of an
arbitrator under this subsection shall be based solely
on the administrative record for the ecosystem
restoration project.
(B) No modifications to proposals.--An arbitrator
may not modify any proposal contained in a demand for
arbitration of an objector under this section.
(g) Deadline for Completion of Arbitration.--Not later than 90 days
after the date on which a demand for arbitration is filed under
subsection (d)(2), the arbitration process shall be completed.
(h) Effect of Arbitration Decision.--A decision of an arbitrator
under this section--
(1) shall not be considered to be a major Federal action;
(2) shall be binding; and
(3) shall not be subject to judicial review, except as
provided in section 10(a) of title 9, United States Code.
SEC. 107. BONDING REQUIREMENTS FOR JUDICIAL REVIEW.
(a) Bond Requirement.--
(1) In general.--The judicial review of an action
challenging an ecosystem restoration project under this title
(referred to in this section as an ``action'') shall be subject
to the bonding requirements of this section.
(2) Bond or security.--
(A) In general.--As soon as practicable after the
date on which a complaint or appeal is filed to
initiate an action, each plaintiff shall post a bond or
other security acceptable to the court in an amount
equal to the anticipated costs, expenses, and attorney
fees of the Secretary as a defendant in the action, in
accordance with a reasonable estimate of the Secretary.
(B) Requirement.--All proceedings in an action
shall be stayed until the bond or security required
under subparagraph (A) is posted.
(b) Recovery of Litigation Costs, Expenses, and Attorney Fees.--
(1) Motion for payment.--If the Secretary prevails in an
action, the Secretary shall submit to the court a motion for
payment from the bond or other security posted under subsection
(a), of the reasonable costs, expenses, and attorney fees
incurred by the Secretary as a defendant in the action.
(2) Maximum recovery.--The total amount of costs, expenses,
and attorney fees recovered by the Secretary under paragraph
(1) may not exceed the amount of the bond or other security
posted in the action.
(3) Return remainder.--Any funds remaining from the bond or
other security posed under subsection (a) after the payment of
costs, expenses, and attorney fees under paragraph (1) shall be
returned to the plaintiff that posted the bond or security in
the action.
(c) Return of Bond to Prevailing Plaintiff.--If the applicable
court rules, in a final enforcement judgment, in favor of a plaintiff
on all causes of each action of the plaintiff, the court shall return
to the plaintiff any bond or security posted by the plaintiff under
subsection (a), plus any interest accruing during the period beginning
on the date on which the bond or security was posted.
(d) Effect of Settlement.--
(1) In general.--If an action in which a bond or security
was posted is resolved by settlement between the Secretary and
the plaintiff, the settlement agreement may provide for sharing
of the costs, expenses, and attorney fees incurred by the
parties to the action.
(2) Deferral.--A settlement agreement under paragraph (1)
may defer the resolution of costs, expenses, and attorney fees
to--
(A) further negotiation; or
(B) decision by the court.
SEC. 108. PERFORMANCE MEASURES; ANNUAL REPORTS.
(a) Performance Measures.--The Secretary shall annually evaluate
the degree to which the Secretary is achieving--
(1) the purposes of this title, including--
(A) the number of acres covered by ecosystem
restoration projects;
(B) the number of acres treated by mechanical
methods under ecosystem restoration projects;
(C) the number of acres treated using stewardship
contracts and stewardship agreements under ecosystem
restoration projects;
(D) the number of acres treated using timber sales
under ecosystem restoration projects;
(E) the number of acres treated by prescribed fire,
mowing, and other noncommercial product producing
activities under ecosystem restoration projects; and
(F) to the extent practicable, a summary of acres
receiving more than 1 type of treatment; and
(2) the acreage requirements established under section
104(a).
(b) Annual Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives--
(1) a report that describes, with respect to the preceding
year, the results of evaluations using the performance measures
described in subsection (a); and
(2) a report that describes, with respect to the preceding
year--
(A) the number and substance of ecosystem
restoration projects that are subject to arbitration
under section 106; and
(B) the outcomes of the arbitrations under that
section.
TITLE II--CATEGORICAL EXCLUSIONS
SEC. 201. DEFINITIONS.
In this title:
(1) Catastrophic event.--The term ``catastrophic event''
means any natural disaster (such as hurricane, tornado,
windstorm, snow or ice storm, rain storm, high water, wind-
driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, drought, or insect or disease outbreak),
or any fire, flood, or explosion, regardless of cause.
(2) Categorical exclusion.--The term ``categorical
exclusion'' means an exception to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a project or activity relating to the management of
National Forest System land.
(3) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of
National Forest System land by which a project or activity is
developed and implemented by the Secretary through
collaboration with interested persons, as described in section
603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591b(b)(1)(C)).
(4) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary on National Forest System land, consistent
with the forest plan covering that land.
(5) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared by the Forest Service for a
unit of the National Forest System pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
(6) Salvage operation.--The term ``salvage operation''
means a forest management activity carried out in response to a
catastrophic event, the primary purpose of which is--
(A) to prevent wildfire as a result of the
catastrophic event, or, if the catastrophic event was
wildfire, to prevent a reburn of the fire-impacted
area;
(B) to provide an opportunity for use of forest
materials damaged as a result of the catastrophic
event; or
(C) to provide a funding source for reforestation
and other restoration activities for the National
Forest System land impacted by the catastrophic event.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture (acting through the Chief of the Forest
Service).
SEC. 202. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) Availability of Categorical Exclusion.--A categorical exclusion
is available to the Secretary to develop and carry out a forest
management activity on National Forest System land in any case in which
the primary purpose of the forest management activity is--
(1) to address an insect or disease infestation;
(2) to treat land at risk of insect or disease infestation;
(3) to reduce hazardous fuel loads;
(4) to protect a municipal water source;
(5) to maintain, enhance, or modify critical habitat to
protect the habitat from catastrophic disturbances;
(6) to increase water yield; or
(7) any combination of the purposes specified in paragraphs
(1) through (6).
(b) Acreage Limitations.--
(1) In general.--Except in the case of a forest management
activity described in paragraph (2), a forest management
activity covered by the categorical exclusion granted by
subsection (a) may not contain harvest units exceeding a total
of 5,000 acres.
(2) Larger areas authorized.--A forest management activity
covered by the categorical exclusion granted by subsection (a)
may not contain harvest units exceeding a total of 15,000 acres
if the forest management activity is--
(A) developed through a collaborative process;
(B) proposed by a resource advisory committee (as
defined in section 201 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7121)); or
(C) covered by a community wildfire protection
plan.
SEC. 203. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN
RESPONSE TO CATASTROPHIC EVENTS.
(a) Availability of Categorical Exclusion.--A categorical exclusion
is available to the Secretary to develop and carry out a salvage
operation as part of the restoration of National Forest System land
following a catastrophic event.
(b) Acreage Limitations.--A salvage operation covered by the
categorical exclusion granted by subsection (a) may not contain harvest
units exceeding a total of 5,000 acres.
(c) Additional Requirements.--
(1) Road construction.--A salvage operation covered by the
categorical exclusion granted by subsection (a) may not include
any permanent road construction.
(2) Stream buffers.--A salvage operation covered by the
categorical exclusion granted by subsection (a) shall comply
with the standards and guidelines for stream buffers contained
in the applicable forest plan, unless the standards and
guidelines are modified for a specific salvage operation as
part of a categorical exclusion by the Regional Forester.
(3) Reforestation plan.--A reforestation plan shall be
developed under section 3 of the Act of June 9, 1930 (commonly
known as the ``Knutson-Vandenberg Act'') (16 U.S.C. 576b), as
part of a salvage operation covered by the categorical
exclusion granted by subsection (a).
SEC. 204. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY
SUCCESSIONAL FORESTS.
(a) Availability of Categorical Exclusion.--A categorical exclusion
is available to the Secretary to develop and carry out a forest
management activity on National Forest System land in any case in which
the primary purpose of the forest management activity is to modify,
improve, enhance, or create early successional forests for wildlife
habitat improvement and other purposes, in accordance with the
applicable forest plan.
(b) Acreage Limitations.--A forest management activity covered by
the categorical exclusion granted by subsection (a) may not contain
harvest units exceeding a total of 5,000 acres.
SEC. 205. ALTERNATIVE AGENCY CONSULTATION PROCEDURES.
(a) Forest Management Activities.--
(1) In general.--Subject to paragraph (2), for each forest
management activity covered by a categorical exclusion granted
by this title, the Secretary shall satisfy the applicable
interagency consultation obligations under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) by achieving
compliance with the alternative consultation procedures
established in subpart D of part 402 of title 50, Code of
Federal Regulations (or successor regulations).
(2) References.--For purposes of this subsection, all
references contained in subpart D of part 402 of title 50, Code
of Federal Regulations (or successor regulations)--
(A) to the term ``U.S. Environmental Protection
Agency'' or ``EPA'' shall be considered to be a
reference to the Secretary; and
(B) to the term ``FIFRA action'' shall be
considered to be a reference to a forest management
activity covered by a categorical exclusion granted by
this title.
(b) Interim Timelines.--Until the date on which an alternative
consultation agreement under subpart D of part 402 of title 50, Code of
Federal Regulations (or successor regulations), is entered into with
respect to a forest management activity under subsection (a)--
(1) any formal or informal interagency consultation
regarding the forest management activity shall be completed by
not later than the date that is 30 days after the date on which
the Secretary submits a written request for consultation; and
(2) a biological opinion or letter of concurrence, as
appropriate, shall be issued by not later than the date that is
10 days after the date of completion of that consultation. | National Forest Ecosystem Improvement Act of 2015 This bill directs the Department of Agriculture (USDA), acting through the Forest Service, to identify, prioritize, and carry out ecosystem restoration projects on National Forest System land in accordance with applicable land and resource management plans, if any, to accomplish one or more of the following objectives: restore terrestrial habitat; sustain water quality, water flows, or watershed health and function; create, improve, or increase early seral habitat; carry out a needed timber stand improvement; reduce the risk or extent of insect or disease infestation; reduce wildland fire severity potential; implement a community wildfire protection plan; or establish, recover, or maintain ecosystem resiliency. USDA may not carry out an ecosystem restoration project on any area of System land in the National Wilderness Preservation System or on which removal of vegetation is prohibited by law. USDA must accomplish restoration treatments throughout the National Forest System on 1 million acres using certain mechanical treatment methods and on another 1 million acres using prescribed fire. USDA shall prepare an environmental assessment in accordance with the National Environmental Policy Act of 1969 (NEPA) for each ecosystem restoration project that accomplishes one or more objectives of this Act. USDA shall study, develop, and describe in each ecosystem restoration project both the proposed action and a no-action alternative. USDA shall establish within the Forest Service an arbitration program as an alternative dispute resolution process in lieu of judicial review for specified types of ecosystem restoration projects. The judicial review of an action challenging an ecosystem restoration project under this Act shall be subject to specified plaintiff bonding requirements. A categorical exclusion is made available to USDA for certain forest management activities in order to: (1) expedite specified critical response actions, (2) expedite salvage operations in response to catastrophic events, and (3) meet forest plan goals for early successional forests. (A "categorical exclusion" under NEPA is a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a federal agency in implementing environmental regulations and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required.) For each forest management activity covered by a categorical exclusion granted by this title, USDA shall satisfy the interagency consultation obligations under the Endangered Species Act of 1973 by achieving compliance with certain alternative consultation procedures established by federal regulation. | National Forest Ecosystem Improvement Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Denial Order
Enforcement Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States to enforce denial
orders on covered telecommunications companies found to have violated
the export control or sanctions laws of the United States.
SEC. 3. IMPOSITION AND ENFORCEMENT OF DENIAL ORDERS WITH RESPECT TO
COVERED TELECOMMUNICATIONS COMPANIES.
(a) Imposition of Denial Orders.--
(1) In general.--Not later than 60 days after the date of
which a determination is made that a covered telecommunications
company is in violation of an export control or sanctions law
of the United States, the President shall impose a penalty
pursuant to a denial order with respect to the covered
telecommunications company or its agents or affiliates as
follows:
(A) The company and when acting for or on their
behalf, their successors, assigns, directors, officers,
employees, representatives, or agents (hereinafter each
a ``denied person''), may not, directly or indirectly,
participate in any way in any transaction involving any
commodity, software or technology (hereinafter
collectively referred to as ``item'') exported or to be
exported from the United States that is subject to the
Export Administration Regulations (as codified in
subchapter C of chapter VII of title 15, Code of
Federal Regulations, or any successor regulations), or
in any other activity subject to the Export
Administration Regulations.
(B) No person may, directly or indirectly, do any
of the following:
(i) Export or reexport to or on behalf of a
denied person any item subject to the Export
Administration Regulations.
(ii) Take any action that facilitates the
acquisition or attempted acquisition by a
denied person of the ownership, possession, or
control of any item subject to the Regulations
that has been or will be exported from the
United States, including financing or other
support activities related to a transaction
whereby a denied person acquires or attempts to
acquire such ownership, possession or control.
(iii) Take any action to acquire from or to
facilitate the acquisition or attempted
acquisition from a denied person of any item
subject to the Export Administration
Regulations that has been exported from the
United States.
(iv) Obtain from a denied person in the
United States any item subject to the Export
Administration Regulations with knowledge or
reason to know that the item will be, or is
intended to be, exported from the United
States.
(v) Engage in any transaction to service
any item subject to the Export Administration
Regulations that has been or will be exported
from the United States and which is owned,
possessed or controlled by a denied person, or
service any item, of whatever origin, that is
owned, possessed or controlled by a denied
person if such service involves the use of any
item subject to the Export Administration
Regulations that has been or will be exported
from the United States.
(2) Applicability.--Paragraph (1) shall apply on and after
the date of the enactment of this Act with respect to a
determination described in paragraph (1) that is made on or
after such date of enactment.
(b) Prohibition on Modification of Penalties.--Notwithstanding any
other provision of law, no official of an executive agency may modify
any penalty, including a penalty imposed pursuant to a denial order,
implemented by the Government of the United States with respect to a
covered telecommunications company or its agents or affiliates pursuant
to a determination that the company has violated an export control or
sanctions law of the United States until the date that is 30 days after
the President certifies to the appropriate congressional committees
that the company--
(1) has not, for a period of one year, conducted activities
in violation of the laws of the United States; and
(2) is fully cooperating with investigations into the
activities of the company conducted by the Government of the
United States, if any.
(c) Regulations.--The President is authorized to prescribe such
regulations as may be necessary to carry out this section.
(d) Definitions.--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate.
(2) Covered telecommunications company.--The term ``covered
telecommunications company'' means any of the following:
(A) Huawei Technologies Company or ZTE Corporation
(or any subsidiary or affiliate of such entities).
(B) Any other telecommunications company domiciled
in the People's Republic of China (or any subsidiary or
affiliate of such entities), excluding any subsidiary
of a foreign company domiciled in the People's Republic
of China.
(3) Executive agency.--The term ``executive agency''
means--
(A) an executive department specified in section
101 of title 5, United States Code;
(B) a military department specified in section 102
of title 5, United States Code;
(C) an independent establishment as defined in
section 104(1) of title 5, United States Code; and
(D) a wholly-owned Government corporation fully
subject to chapter 91 of title 31, United States Code. | Telecommunications Denial Order Enforcement Act This bill directs the President to impose penalties on telecommunications companies domiciled in China, including Huawei and ZTE, that violate U.S. export controls or sanctions. Chinese subsidiaries of foreign companies are excluded from the bill. The bill also prohibits executive agencies from reducing any penalty imposed on a Chinese telecommunications company for violating a sanction or export control, unless the President certifies that the company has not violated U.S. law for at least one year and is fully cooperating with investigations. | Telecommunications Denial Order Enforcement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Infrastructure for
Job Creation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Investments in infrastructure create jobs while
fulfilling critical needs in communities throughout the United
States.
(2) According to the Brookings Institution, nearly 14.5
million workers--11 percent of the U.S. workforce--were
employed in infrastructure jobs in 2013.
(3) According to data from the Brookings Institution,
infrastructure occupations often provide more competitive and
equitable wages in comparison to all jobs nationally,
consistently paying up to 30 percent more to low-income workers
over the past decade.
(4) The American Society of Civil Engineers gave the
infrastructure of the United States an overall grade of ``D+''
in 2017 and estimated that the United States will need to
invest $4.59 trillion by 2025 in order to improve the condition
of the Nation's infrastructure and bring it to a state of good
repair.
(5) The American Society of Civil Engineers assigned a
``D'' grade to the Nation's roads, a ``C+'' grade to the
Nation's bridges, and a ``D-'' grade to the Nation's transit
systems and estimated that the United States will need to
invest $2.04 trillion by 2025 to bring the Nation's surface
transportation infrastructure to a state of good repair.
(6) TIGER, formally known as the Transportation Investment
Generating Economic Recovery grant program, is a nationwide
competitive grant program that creates jobs by funding
investments in transportation infrastructure by States, local
governments, and transit agencies.
(7) TIGER funds projects that will have a significant
impact on the Nation, a metropolitan area, or a region.
(8) In distributing grants under TIGER, the Secretary of
Transportation is required to ensure an equitable geographic
distribution of funds, a balance in addressing the needs of
urban and rural areas, and investments in a variety of modes of
transportation.
(9) TIGER received an appropriation of $600,000,000 in
fiscal year 2014, an appropriation of $500,000,000 in fiscal
year 2015, and an appropriation of $500,000,000 in fiscal year
2016.
(10) Past appropriations for TIGER are not sufficient to
address the need for investments in transportation
infrastructure in communities throughout the United States as
the amounts only fund a small fraction of the transportation
infrastructure projects for which TIGER grant applications have
been received.
(11) Appropriating $7.5 billion in fiscal year 2017 for
TIGER and allowing the funds to remain available for 6 years
will enable the Secretary of Transportation to begin
immediately to expand investments in transportation
infrastucture throughout the United States.
(12) Restricting appropriations for TIGER through the use
of arbitrary budget caps or sequestration undermines economic
recovery and job creation efforts; disrupts planning by States,
local governments, and transit agencies; and leaves critical
infrastructure needs unmet.
(13) Emergency supplemental appropriations for TIGER,
provided in addition to other appropriations and not subject to
sequestration, will improve transportation infrastructure and
create jobs throughout the United States without reducing
funding for other domestic priorities.
(14) An emergency supplemental appropriation of $7.5
billion for TIGER to be made available in fiscal year 2017 and
to remain available for 6 years will allow the Secretary of
Transportation to begin immediately to organize new
competitions for TIGER grants and allow States, local
governments, and transit agencies to prepare grant
applications, thus ensuring an efficient use of funds and
timely job creation.
SEC. 3. SUPPLEMENTAL APPROPRIATIONS FOR TIGER DISCRETIONARY GRANT
PROGRAM.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2017:
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
national infrastructure investments
For an additional amount for ``National Infrastructure
Investments'' in accordance with the provisions under this heading in
title I of division K of Public Law 115-31, $7,500,000,000, to remain
available through September 30, 2022: Provided, That the amount under
this heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, except that such amount shall be available
only if the President subsequently so designates such amount and
transmits such designation to the Congress.
SEC. 4. EXEMPTION FROM SEQUESTRATION.
The appropriation in section 3 shall be exempt from sequestration
under the Balanced Budget and Emergency Deficit Control Act of 1985. | Transportation Infrastructure for Job Creation Act This bill provides $7.5 billion in supplemental FY2017 appropriations to the Department of Transportation to remain available through FY2022 for national infrastructure investments under a competitive grant program commonly known as the Transportation Investment Generating Economic Recovery (TIGER) program. The funding provided by this bill is designated as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. The emergency funding is exempt from discretionary spending limits and is only available if the President subsequently designates the amounts as an emergency and submits the designation to Congress. The bill also exempts the funding from sequestration. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.) | Transportation Infrastructure for Job Creation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methane Hydrate Research and
Development Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Contract.--The term ``contract'' means a procurement
contract within the meaning of section 6303 of title 31, United
States Code.
(2) Cooperative agreement.--The term ``cooperative agreement''
means a cooperative agreement within the meaning of section 6305 of
title 31, United States Code.
(3) Director.--The term ``Director'' means the Director of the
National Science Foundation.
(4) Grant.--The term ``grant'' means a grant awarded under a
grant agreement, within the meaning of section 6304 of title 31,
United States Code.
(5) Industrial enterprise.--The term ``industrial enterprise''
means a private, nongovernmental enterprise that has an expertise
or capability that relates to methane hydrate research and
development.
(6) Institution of higher education.--The term ``institution of
higher education'' means an institution of higher education, within
the meaning of section 102(a) of the Higher Education Act of 1965
(20 U.S.C. 1002(a)).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Energy, acting through the Assistant Secretary for Fossil Energy.
(8) Secretary of commerce.--The term ``Secretary of Commerce''
means the Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration.
(9) Secretary of defense.--The term ``Secretary of Defense''
means the Secretary of Defense, acting through the Secretary of the
Navy.
(10) Secretary of the interior.--The term ``Secretary of the
Interior'' means the Secretary of the Interior, acting through the
Director of the United States Geological Survey and the Director of
the Minerals Management Service.
SEC. 3. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--
(1) Commencement of program.--Not later than 180 days after the
date of the enactment of this Act, the Secretary, in consultation
with the Secretary of Commerce, the Secretary of Defense, the
Secretary of the Interior, and the Director, shall commence a
program of methane hydrate research and development in accordance
with this section.
(2) Designations.--The Secretary, the Secretary of Commerce,
the Secretary of Defense, the Secretary of the Interior, and the
Director shall designate individuals to carry out this section.
(3) Coordination.--The individual designated by the Secretary
shall coordinate all activities within the Department of Energy
relating to methane hydrate research and development.
(4) Meetings.--The individuals designated under paragraph (2)
shall meet not later than 270 days after the date of the enactment
of this Act and not less frequently than every 120 days thereafter
to--
(A) review the progress of the program under paragraph (1);
and
(B) make recommendations on future activities to occur
subsequent to the meeting.
(b) Grants, Contracts, Cooperative Agreements, Interagency Funds
Transfer Agreements, and Field Work Proposals.--
(1) Assistance and coordination.--In carrying out the program
of methane hydrate research and development authorized by this
section, the Secretary may award grants or contracts to, or enter
into cooperative agreements with, institutions of higher education
and industrial enterprises to--
(A) conduct basic and applied research to identify,
explore, assess, and develop methane hydrate as a source of
energy;
(B) assist in developing technologies required for
efficient and environmentally sound development of methane
hydrate resources;
(C) undertake research programs to provide safe means of
transport and storage of methane produced from methane
hydrates;
(D) promote education and training in methane hydrate
resource research and resource development;
(E) conduct basic and applied research to assess and
mitigate the environmental impacts of hydrate degassing
(including both natural degassing and degassing associated with
commercial development);
(F) develop technologies to reduce the risks of drilling
through methane hydrates; and
(G) conduct exploratory drilling in support of the
activities authorized by this paragraph.
(2) Competitive merit-based review.--Funds made available under
paragraph (1) shall be made available based on a competitive merit-
based process.
(c) Consultation.--The Secretary shall establish an advisory panel
consisting of experts from industrial enterprises, institutions of
higher education, and Federal agencies to--
(1) advise the Secretary on potential applications of methane
hydrate;
(2) assist in developing recommendations and priorities for the
methane hydrate research and development program carried out under
subsection (a)(1); and
(3) not later than 2 years after the date of the enactment of
this Act, and at such later dates as the panel considers advisable,
submit to Congress a report on the anticipated impact on global
climate change from--
(A) methane hydrate formation;
(B) methane hydrate degassing (including natural degassing
and degassing associated with commercial development); and
(C) the consumption of natural gas produced from methane
hydrates.
Not more than 25 percent of the individuals serving on the advisory
panel shall be Federal employees.
(d) Limitations.--
(1) Administrative expenses.--Not more than 5 percent of the
amount made available to carry out this section for a fiscal year
may be used by the Secretary for expenses associated with the
administration of the program carried out under subsection (a)(1).
(2) Construction costs.--None of the funds made available to
carry out this section may be used for the construction of a new
building or the acquisition, expansion, remodeling, or alteration
of an existing building (including site grading and improvement and
architect fees).
(e) Responsibilities of the Secretary.--In carrying out subsection
(b)(1), the Secretary shall--
(1) facilitate and develop partnerships among government,
industrial enterprises, and institutions of higher education to
research, identify, assess, and explore methane hydrate resources;
(2) undertake programs to develop basic information necessary
for promoting long-term interest in methane hydrate resources as an
energy source;
(3) ensure that the data and information developed through the
program are accessible and widely disseminated as needed and
appropriate;
(4) promote cooperation among agencies that are developing
technologies that may hold promise for methane hydrate resource
development; and
(5) report annually to Congress on accomplishments under this
section.
SEC. 4. AMENDMENTS TO THE MINING AND MINERALS POLICY ACT OF 1970.
Section 201 of the Mining and Minerals Policy Act of 1970 (30
U.S.C. 1901) is amended--
(1) in paragraph (6)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) by redesignating subparagraph (G) as subparagraph (H);
and
(C) by inserting after subparagraph (F) the following:
``(G) for purposes of this section and sections 202 through
205 only, methane hydrate; and'';
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) The term `methane hydrate' means--
``(A) a methane clathrate that is in the form of a methane-
water ice-like crystalline material and is stable and occurs
naturally in deep-ocean and permafrost areas; and
``(B) other natural gas hydrates found in association with
deep-ocean and permafrost deposits of methane hydrate.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Energy
to carry out this Act--
(1) $5,000,000 for fiscal year 2001;
(2) $7,500,000 for fiscal year 2002;
(3) $11,000,000 for fiscal year 2003;
(4) $12,000,000 for fiscal year 2004; and
(5) $12,000,000 for fiscal year 2005.
Amounts authorized under this section shall remain available until
expended.
SEC. 6. SUNSET.
Section 3 of this Act shall cease to be effective after the end of
fiscal year 2005.
SEC. 7. NATIONAL RESEARCH COUNCIL STUDY.
The Secretary shall enter into an agreement with the National
Research Council for such council to conduct a study of the progress
made under the methane hydrate research and development program
implemented pursuant to this Act, and to make recommendations for
future methane hydrate research and development needs. The Secretary
shall transmit to the Congress, not later than September 30, 2004, a
report containing the findings and recommendations of the National
Research Council under this section.
SEC. 8. REPORTS AND STUDIES.
The Secretary of Energy shall provide to the Committee on Science
of the House of Representatives copies of any report or study that the
Department of Energy prepares at the direction of any committee of the
Congress.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary to establish a panel to: (1) provide advice on applications of methane hydrate and priorities for the program; and (2) report to Congress on the impact on global climate change from methane hydrate formation and degassing and the consumption of natural gas produced from such hydrates. Limits to five percent the amount of program funding that can be used for administrative expense and prohibits the use of program funding for building construction.
Requires the Secretary, in awarding such grants or contracts or entering into such cooperative agreements, to: (1) facilitate and develop partnerships among government, industry, and institutions of higher education; (2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; (3) ensure that the data and information developed through the program are accessible and widely disseminated; (4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; and (5) report annually to Congress on accomplishments.
Amends the Mining and Minerals Policy Act of 1970 to: (1) redefine "marine mineral resource" to include methane hydrate (for the purposes of the marine mineral resources research program); and (2) define "methane hydrate."
Authorizes appropriations for FY 2002 through 2005.
Sunsets the methane hydrate research and development program after the end of FY 2005.
Instructs the Secretary to: (1) enter into an agreement with the National Research Council for a study and report to Congress on the progress made under the methane hydrate research and development program, together with any recommendations for future methane hydrate research and development needs; and (2) provide to the House Committee on Science any report or study prepared at the direction of any congressional committee. | Methane Hydrate Research and Development Act of 2000 |
SECTION 1. PARTIAL EXPENSING FOR ADVANCED MINE SAFETY EQUIPMENT.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179D the following new section:
``SEC. 179E. ELECTION TO EXPENSE ADVANCED MINE SAFETY EQUIPMENT.
``(a) Treatment as Expenses.--A taxpayer may elect to treat 50
percent of the cost of any qualified advanced mine safety equipment
property as an expense which is not chargeable to capital account. Any
cost so treated shall be allowed as a deduction for the taxable year in
which the qualified advanced mine safety equipment property is placed
in service.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall specify the advanced mine safety equipment property to
which the election applies and shall be made in such manner as
the Secretary may by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Advanced Mine Safety Equipment Property.--For
purposes of this section, the term `qualified advanced mine safety
equipment property' means any advanced mine safety equipment property
for use in any underground mine located in the United States--
``(1) the original use of which commences with the
taxpayer, and
``(2) which is placed in service by the taxpayer after the
date of the enactment of this section.
``(d) Advanced Mine Safety Equipment Property.--For purposes of
this section, the term `advanced mine safety equipment property' means
any of the following:
``(1) Emergency communication technology or device which is
used to allow a miner to maintain constant communication with
an individual who is not in the mine.
``(2) Electronic identification and location device which
allows an individual who is not in the mine to track at all
times the movements and location of miners working in or at the
mine.
``(3) Emergency oxygen-generating, self-rescue device which
provides oxygen for at least 90 minutes.
``(4) Pre-positioned supplies of oxygen which (in
combination with self-rescue devices) can be used to provide
each miner on a shift, in the event of an accident or other
event which traps the miner in the mine or otherwise
necessitates the use of such a self-rescue device, the ability
to survive for at least 48 hours.
``(5) Comprehensive atmospheric monitoring system which
monitors the levels of carbon monoxide, methane, and oxygen
that are present in all areas of the mine and which can detect
smoke in the case of a fire in a mine.
``(e) Special Rules.--
``(1) Coordination with section 179.--No expenditures shall
be taken into account under subsection (a) with respect to the
portion of the cost of any property specified in an election
under section 179.
``(2) Basis reduction.--For purposes of this title, the
basis of any property shall be reduced by the portion of the
cost of such property taken into account under subsection (a).
``(f) Termination.--This section shall not apply to property placed
in service after the date which is 3 years after the date of the
enactment of this section.''.
(b) Alternative Election to Increase Minimum Tax Limitation.--
Section 53 of such Code (relating to credit for prior year minimum tax
liability) is amended by adding at the end the following new
subsection:
``(e) Temporary Election to Increase Minimum Tax Limitation for
Mine Safety Investments.--
``(1) In general.--A taxpayer may elect to increase the
limitation under subsection (c) for a taxable year by the cost
of any qualified advanced mine safety equipment property, as
defined for purposes of section 179E, placed into service
during such taxable year.
``(2) Election.--
``(A) In general.--An election under this
subsection for any taxable year shall be made on the
taxpayer's return of the tax imposed by this chapter
for the taxable year. Such election shall specify the
advanced mine safety equipment property to which the
election applies and shall be made in such manner as
the Secretary may by regulations prescribe.
``(B) Election irrevocable.--Any election made
under this subsection may not be revoked except with
the consent of the Secretary.
``(C) No double benefit.--A taxpayer making an
election under this subsection for any taxable year may
not make an election for such year under section 179E.
``(3) Credit refundable.--The aggregate increase in the
credit allowed by this section for any taxable year by reason
of this subsection shall for purposes of this title (other than
subsection (b)(2) of this section) be treated as a credit
allowed to the taxpayer under subpart C.
``(4) Termination.--The election made under this subsection
shall not apply with respect to property placed in service
after the date which is 3 years after the date of the enactment
of this section.''.
(c) Conforming Amendments.--
(1) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (J), by striking the period
at the end of subparagraph (K) and inserting ``, or'', and by
inserting after subparagraph (K) the following new
subparagraph:
``(L) expenditures for which a deduction is allowed
under section 179E.''.
(2) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179D'' each place it appears in the heading and
text thereof and inserting ``179D, or 179E''.
(3) Section 1016(a) 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 179E(e)(2).''.
(4) Section 1245(a)(2)(C) of such Code is amended by
inserting ``179E,'' after ``179D,''.
(5) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179D the following new item:
``Sec. 179E. Election to expense advanced mine safety equipment''.
(d) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after the date of the enactment of this
Act.
SEC. 2. MINE RESCUE TEAM TRAINING TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45N. MINE RESCUE TEAM TRAINING CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the mine
rescue team training credit determined under this section with respect
to any eligible employer for any taxable year is an amount equal to the
lesser of--
``(1) 20 percent of the amount paid or incurred by the
taxpayer during the taxable year with respect to the training
program costs of each qualified mine rescue team employee
(including wages of such employee while attending such
program), or
``(2) $10,000 per qualified mine rescue team employee.
``(b) Qualified Mine Rescue Team Employee.--For purposes of this
section, the term `qualified mine rescue team employee' means with
respect to any taxable year any full-time employee of the taxpayer who
is--
``(1) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member as a result
of completing, at a minimum, an initial 20-hour course of
instruction as prescribed by the Mine Safety and Health
Administration's Office of Educational Policy and Development,
or
``(2) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member by virtue of
receiving at least 40 hours of refresher training in such
instruction.
``(c) Eligible Employer.--For purposes of this section, the term
`eligible employer' means any taxpayer which employs individuals as
miners in underground mines in the United States.
``(d) Wages.--For purposes of this section, the term `wages' has
the meaning given to such term by subsection (b) of section 3306
(determined without regard to any dollar limitation contained in such
section).
``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2008.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``and'' at the end of paragraph (29),
by striking the period at the end of paragraph (30) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(31) the mine rescue team training credit determined
under section 45N(a).''.
(c) Credit Allowed Against Minimum Tax.--Subparagraph (B) of
section 38(c)(4) of such Code (relating to specified credits) is
amended by redesignating clause (ii) as clause (iii) and inserting
after clause (i) the following new clause:
``(ii) for taxable years beginning after
December 31, 2005, and before January 1, 2009,
the mine rescue team training credit determined
under section 45N(a).''.
(d) No Double Benefit.--Section 280C of such Code is amended by
adding at the end the following new subsection:
``(e) Mine Rescue Team Training Credit.--No deduction shall be
allowed for that portion of the expenses otherwise allowable as a
deduction for the taxable year which is equal to the amount of the
credit determined for the taxable year under section 45N(a).''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45N. Mine rescue team training credit''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005. | Amends the Internal Revenue Code to allow a taxpayer election to expense (i.e., deduct in the current taxable year) 50% of the cost of qualified advanced mine safety equipment property. Defines such property to include: (1) an emergency communication technology or device for constant communication with individuals outside the mine; (2) an electronic identification and location device; (3) an emergency oxygen-generating device; (4) pre-positioned oxygen supplies; and (5) a comprehensive atmospheric monitoring system to monitor levels of carbon monoxide and other gases present in a mine.
Allows employers a business-related tax credit for the lesser of 20% of the training costs of their qualified mine rescue team employees or $10,000 for each such employee. Defines such an employee as one who receives a certain level of mine safety training as prescribed by the Mine Safety and Health Administration. Terminates such credit after 2008. | To amend the Internal Revenue Code of 1986 to provide tax relief to promote investments in mine safety. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biological Implant Tracking and
Veteran Safety Act of 2017''.
SEC. 2. IDENTIFICATION AND TRACKING OF BIOLOGICAL IMPLANTS USED IN
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Identification and tracking of biological implants
``(a) Standard Identification System for Biological Implants.--(1)
The Secretary shall adopt the unique device identification system
developed for medical devices by the Food and Drug Administration under
section 519(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360i(f)), or implement a comparable standard identification system, for
use in identifying biological implants intended for use in medical
procedures conducted in medical facilities of the Department.
``(2) In adopting or implementing a standard identification system
for biological implants under paragraph (1), the Secretary shall permit
a vendor to use any of the accredited entities identified by the Food
and Drug Administration as an issuing agency pursuant to section
830.100 of title 21, Code of Federal Regulations, or any successor
regulation.
``(b) Biological Implant Tracking System.--(1) The Secretary shall
implement a system for tracking the biological implants described in
subsection (a) from human donor or animal source to implantation.
``(2) The tracking system implemented under paragraph (1) shall be
compatible with the identification system adopted or implemented under
subsection (a).
``(3) The Secretary shall implement inventory controls compatible
with the tracking system implemented under paragraph (1) so that all
patients who have received, in a medical facility of the Department, a
biological implant subject to a recall can be notified of the recall
if, based on the evaluation by appropriate medical personnel of the
Department of the risks and benefits, the Secretary determines such
notification is appropriate.
``(c) Consistency With Food and Drug Administration Regulations.--
To the extent that a conflict arises between this section and a
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) or sections 351 or 361 of the Public Health Service Act (42
U.S.C. 262 and 264) (including any regulations issued under such
provisions), the provision of the Federal Food, Drug, and Cosmetic Act
or Public Health Service Act (including any regulations issued under
such provisions) shall apply.
``(d) Biological Implant Defined.--In this section, the term
`biological implant' means any human cell, tissue, or cellular or
tissue-based product or animal product--
``(1) under the meaning given the term `human cells,
tissues, or cellular or tissue-based products' in section
1271.3 of title 21, Code of Federal Regulations, or any
successor regulation; or
``(2) that is regulated as a device under section 201(h) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
7330A the following new item:
``7330B. Identification and tracking of biological implants.''.
(c) Implementation Deadlines.--
(1) Standard identification system.--The Secretary of
Veterans Affairs shall adopt or implement the standard
identification system for biological implants required by
subsection (a) of section 7330B of title 38, United States
Code, as added by subsection (a), with respect to biological
implants described in--
(A) subsection (d)(1) of such section, by not later
than the date that is 180 days after the date of the
enactment of this Act; and
(B) subsection (d)(2) of such section, in
compliance with the compliance dates established by the
Food and Drug Administration under section 519(f) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360i(f)).
(2) Tracking system.--The Secretary of Veterans Affairs
shall implement the biological implant tracking system required
by section 7330B(b) of title 38, United States Code, as added
by subsection (a), by not later than the date that is 180 days
after the date of the enactment of this Act.
(d) Reporting Requirement.--
(1) In general.--If the biological implant tracking system
required by section 7330B(b) of title 38, United States Code,
as added by subsection (a), is not operational by the date that
is 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a written explanation
on why the system is not operational for each month until such
time as the system is operational.
(2) Elements.--Each explanation submitted under paragraph
(1) shall include a description of the following:
(A) Each impediment to the implementation of the
system described in such paragraph.
(B) Steps being taken to remediate each such
impediment.
(C) Target dates for a solution to each such
impediment.
SEC. 3. PROCUREMENT OF BIOLOGICAL IMPLANTS USED IN DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITIES.
(a) Procurement.--
(1) In general.--Subchapter II of chapter 81 of such title
is amended by adding at the end the following new section:
``Sec. 8129. Procurement of biological implants
``(a) In General.--(1) The Secretary may procure biological
implants of human origin only from vendors that meet the following
conditions:
``(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330B(a)
of this title and has safeguards to ensure that a distinct
identifier has been in place at each step of distribution of
each biological implant from its donor.
``(B) The vendor is registered as required by the Food and
Drug Administration under subpart B of part 1271 of title 21,
Code of Federal Regulations, or any successor regulation, and
in the case of a vendor that uses a tissue distribution
intermediary or a tissue processor, the vendor provides
assurances that the tissue distribution intermediary or tissue
processor is registered as required by the Food and Drug
Administration.
``(C) The vendor ensures that donor eligibility
determinations and such other records as the Secretary may
require accompany each biological implant at all times,
regardless of the country of origin of the donor of the
biological material.
``(D) The vendor agrees to cooperate with all biological
implant recalls conducted on the initiative of the vendor, on
the initiative of the original product manufacturer used by the
vendor, by the request of the Food and Drug Administration, or
by a statutory order of the Food and Drug Administration.
``(E) The vendor agrees to notify the Secretary of any
adverse event or reaction report it provides to the Food and
Drug Administration, as required by sections 1271.3 and
1271.350 of title 21, Code of Federal Regulations, or any
successor regulation, or any warning letter from the Food and
Drug Administration issued to the vendor or a tissue processor
or tissue distribution intermediary used by the vendor by not
later than 60 days after the vendor receives such report or
warning letter.
``(F) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least 10 years after the date of the procurement of the
biological implant.
``(G) The vendor provides assurances that the biological
implants provided by the vendor are acquired only from tissue
processors that maintain active accreditation with the American
Association of Tissue Banks or a similar national accreditation
specific to biological implants.
``(2) The Secretary may procure biological implants of non-human
origin only from vendors that meet the following conditions:
``(A) The vendor uses the standard identification system
adopted or implemented by the Secretary under section 7330B(a)
of this title.
``(B) The vendor is registered as an establishment as
required by the Food and Drug Administration under sections
807.20 and 807.40 of title 21, Code of Federal Regulations, or
any successor regulation (or is not required to register
pursuant to section 807.65(a) of such title, or any successor
regulation), and in the case of a vendor that is not the
original product manufacturer of such implants, the vendor
provides assurances that the original product manufacturer is
registered as required by the Food and Drug Administration (or
is not required to register).
``(C) The vendor agrees to cooperate with all biological
implant recalls conducted on the initiative of the vendor, on
the initiative of the original product manufacturer used by the
vendor, by the request of the Food and Drug Administration, or
by a statutory order of the Food and Drug Administration.
``(D) The vendor agrees to notify the Secretary of any
adverse event report it provides to the Food and Drug
Administration as required under part 803 of title 21, Code of
Federal Regulations, or any successor regulation, or any
warning letter from the Food and Drug Administration issued to
the vendor or the original product manufacturer used by the
vendor by not later than 60 days after the vendor receives such
report or warning letter.
``(E) The vendor agrees to retain all records associated
with the procurement of a biological implant by the Department
for at least 10 years after the date of the procurement of the
biological implant.
``(3)(A) The Secretary shall procure biological implants under the
Federal Supply Schedules of the General Services Administration unless
such implants are not available under such Schedules.
``(B) With respect to biological implants listed on the Federal
Supply Schedules, the Secretary shall accommodate reasonable vendor
requests to undertake outreach efforts to educate medical professionals
of the Department about the use and efficacy of such biological
implants.
``(C) In the case of biological implants that are unavailable for
procurement under the Federal Supply Schedules, the Secretary shall
procure such implants using competitive procedures in accordance with
applicable law and the Federal Acquisition Regulation.
``(4) Section 8123 of this title shall not apply to the procurement
of biological implants.
``(b) Penalties.--In addition to any applicable penalty under any
other provision of law, any procurement employee of the Department who
is found responsible for a biological implant procurement transaction
with intent to avoid or with reckless disregard of the requirements of
this section shall be ineligible to hold a certificate of appointment
as a contracting officer or to serve as the representative of an
ordering officer, contracting officer, or purchase card holder.
``(c) Definitions.--In this section:
``(1) The term `biological implant' has the meaning given
such term in section 7330B(d) of this title.
``(2) The term `distinct identifier' means a distinct
identification code that--
``(A) relates a biological implant to the human
donor of the implant and to all records pertaining to
the implant;
``(B) includes information designed to facilitate
effective tracking, using the distinct identification
code, from the donor to the recipient and from the
recipient to the donor; and
``(C) satisfies the requirements of section
1271.290(c) of title 21, Code of Federal Regulations,
or any successor regulation.
``(3) The term `tissue distribution intermediary' means an
agency that acquires and stores human tissue for further
distribution and performs no other tissue banking functions.
``(4) The term `tissue processor' means an entity
processing human tissue for use in biological implants,
including activities performed on tissue other than donor
screening, donor testing, tissue recovery and collection
functions, storage, or distribution.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8128 the following new item:
``8129. Procurement of biological implants.''.
(b) Effective Date.--Section 8129 of title 38, United States Code,
as added by subsection (a), shall take effect on the date that is 180
days after the date on which the tracking system required under section
7330B(b) of such title, as added by section 2(a), is implemented.
(c) Special Rule for Cryopreserved Products.--During the three-year
period beginning on the effective date of section 8129 of title 38,
United States Code, as added by subsection (a), biological implants
produced and labeled before that effective date may be procured by the
Department of Veterans Affairs without relabeling under the standard
identification system adopted or implemented under section 7330B of
such title, as added by section 2(a). | Biological Implant Tracking and Veteran Safety Act of 2017 This bill directs the Department of Veterans Affairs (VA) to: adopt the unique device identification system developed for medical devices by the Food and Drug Administration (FDA), or implement a comparable standard identification system, for identifying biological implants intended for use in VA medical facilities; permit a vendor to use any of the accredited entities identified by the FDA as an issuing agency; implement (within 180 days after enactment of this bill) a compatible system for tracking implants from human donor or animal source to implantation; and implement compatible inventory controls so that patients who have received a biological implant in a VA medical facility subject to FDA recall can be appropriately notified. The bill prescribes requirements for vendors from which the VA may procure biological implants of human and non-human origin. The VA shall: (1) procure such implants under General Services Administration Federal Supply Schedules unless they are not available under such Schedules, (2) accommodate reasonable vendor requests to undertake specified outreach efforts to educate VA medical professionals about the use and efficacy of implants, and (3) procure biological implants that are unavailable under such Schedules using competitive procedures in accordance with the Federal Acquisition Regulation. Certain biological implants may be temporarily procured by the VA without relabeling under the standard identification system. | Biological Implant Tracking and Veteran Safety Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforestation Tax Act of 2003''.
SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by adding at the end the following new section:
``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
``(a) In General.--At the election of any taxpayer who has
qualified timber gain for any taxable year, there shall be allowed as a
deduction from gross income an amount equal to the qualified percentage
of such gain.
``(b) Qualified Timber Gain.--For purposes of this section, the
term `qualified timber gain' means long-term capital gain from the sale
or exchange of timber.
``(c) Qualified Percentage.--For purposes of this section, the term
`qualified percentage' means the percentage (not exceeding 50 percent)
determined by multiplying--
``(1) 3 percent, by
``(2) the number of years in the holding period of the
taxpayer with respect to the timber.
``(d) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion (if any) of the gains for the taxable year from sales or
exchanges of capital assets which, under sections 652 and 662 (relating
to inclusions of amounts in gross income of beneficiaries of trusts),
is includible by the income beneficiaries as gain derived from the sale
or exchange of capital assets.''.
(b) Coordination With Maximum Rates of Tax on Net Capital Gains.--
(1) Subsection (h)(3)(A) of section 1 of such Code
(relating to maximum capital gains rate) is amended by striking
``and'' at the end of clause (i), by striking ``plus'' at the
end of clause (ii) and inserting ``and'', and by adding at the
end the following new clause:
``(iii) qualified timber gain with respect
to which an election is in effect under section
1203, plus''.
(2) Subsection (a) of section 1201 of such Code (relating
to the alternative tax for corporations) is amended by
inserting at the end thereof the following new sentence:
``For purposes of this section, net capital gain shall be determined
without regard to qualified timber gain (as defined in section 1203)
with respect to which an election is in effect under section 1203.''.
(c) Allowance of Deduction in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (relating to definition of
adjusted gross income) is amended by inserting after paragraph (18) the
following new paragraph:
``(19) Partial inflation adjustment for timber.--The
deduction allowed by section 1203.''.
(d) Technical Amendments.--
(1) Subparagraph (B) of section 172(d)(2) of such Code is
amended to read as follows:
``(B) the exclusion under section 1202 and the
deduction under section 1203 shall not be allowed.''.
(2) The last sentence of section 453A(c)(3) of such Code is
amended by striking ``(whichever is appropriate)'' and
inserting ``or the deduction under section 1203 (whichever is
appropriate)''.
(3) Section 641(c)(2)(C) of such Code is amended by
inserting after clause (iii) the following new clause:
``(iv) The deduction under section 1203.''.
(4) The first sentence of section 642(c)(4) of such Code is
amended to read as follows: ``To the extent that the amount
otherwise allowable as a deduction under this subsection
consists of gain described in section 1202(a) or qualified
timber gain (as defined in section 1203(b)), proper
adjustment shall be made for any exclusion allowable under section
1202, and any deduction allowable under section 1203, to the estate or
trust.''.
(5) The last sentence of section 643(a)(3) of such Code is
amended to read as follows: ``The exclusion under section 1202
and the deduction under section 1203 shall not be taken into
account.''.
(6) Subparagraph (C) of section 643(a)(6) of such Code is
amended by inserting ``(i)'' before ``there shall'' and by
inserting before the period ``, and (ii) the deduction under
section 1203 (relating to partial inflation adjustment for
timber) shall not be taken into account''.
(7) Paragraph (4) of section 691(c) of such Code is amended
by inserting ``1203,'' after ``1202,''.
(8) The second sentence of paragraph (2) of section 871(a)
of such Code is amended by striking ``section 1202'' and
inserting ``sections 1202 and 1203''.
(e) Clerical Amendment.--The table of sections for part I of
subchapter P of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1203. Partial inflation adjustment
for timber.''.
(f) Effective Date.--The amendments made by this section shall
apply to sales or exchanges after December 31, 2002.
SEC. 3. 100 PERCENT DEDUCTION FOR REFORESTATION EXPENDITURES TO REPLACE
AMORTIZATION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:
``SEC. 199. REFORESTATION EXPENDITURES.
``(a) Allowance of Deduction.--In the case of any qualified timber
property with respect to which the taxpayer has made (in accordance
with regulations prescribed by the Secretary) an election under this
subsection, there shall be allowed as a deduction for the taxable year
an amount equal to the reforestation expenditures paid or incurred by
the taxpayer during such year with respect to such property.
``(b) Qualified Timber Property.--The term `qualified timber
property' means a woodlot or other site located in the United States
which will contain trees in significant commercial quantities and which
is held by the taxpayer for the planting, cultivating, caring for, and
cutting of trees for sale or use in the commercial production of timber
products.
``(c) Reforestation Expenditures.--
``(1) In general.--For purposes of this section, the term
`reforestation expenditures' means direct costs incurred in
connection with forestation or reforestation by planting or
artificial or natural seeding, including costs--
``(A) for the preparation of the site,
``(B) of seeds or seedlings, and
``(C) for labor and tools, including depreciation
of equipment such as tractors, trucks, tree planters,
and similar machines used in planting or seeding.
``(2) Cost-sharing programs.--Reforestation expenditures
shall not include any expenditures for which the taxpayer has
been reimbursed under any governmental reforestation cost-
sharing program unless the amounts reimbursed have been
included in the gross income of the taxpayer.
``(d) Life Tenant and Remainderman.--In the case of property held
by one person for life with remainder to another person, the deduction
under this section shall be computed as if the life tenant were the
absolute owner of the property and shall be allowed to the life
tenant.''.
(b) Termination of Amortization of Reforestation Expenditures.--
Section 194 of such Code (relating to amortization of reforestation
expenditures) is amended by adding at the end the following new
subsection:
``(e) Termination.--This section shall not apply to any amount paid
or incurred after the date of the enactment of this subsection.''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting at the
end the following new item:
``Sec. 199. Reforestation
expenditures.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 4. APPLICATION OF PASSIVE ACTIVITY LOSS LIMITATIONS TO TIMBER
ACTIVITIES.
(a) In General.--Clauses (ii) and (iii) of Treasury Regulation
Sec. 1.469-5T(b)(2) shall not apply to any individual who is a member
of a closely held entity participating in a timber activity if the
nature of such activity is such that the aggregate hours devoted to
management of the activity for any year is customarily less than 100
hours.
(b) Definitions.--For purposes of subsection (a)--
(1) Timber activity.--The term ``timber activity'' means
the planting, cultivating, caring, cutting, or preparation
(other than milling) for market, of trees.
(2) Closely held entity.--An entity shall be treated as
closely held if at least 80 percent of the ownership interests
in the entity is held--
(A) by 5 or fewer individuals, or
(B) by individuals who are members of the same
family (within the meaning of section 2032A(e)(2) of
the Internal Revenue Code of 1986).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Reforestation Tax Act of 2003 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Allows a deduction, for qualified timber property, for reforestation expenditures and terminates current provisions allowing for the amortization of such expenditures. Provides for the application of passive activity loss limitations to timber activity of an individual who is a member of a closely held entity if management of such activity is less than 100 hours annually. | A bill to amend the Internal Revenue Code of 1986 to modify certain provisions relating to the treatment of forestry activities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Prevention
Enhancement Act of 2007''.
SEC. 2. DRUG-FREE WORKPLACE INFORMATION CLEARINGHOUSE.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended by adding at the end the following:
``SEC. 506C. DRUG-FREE WORKPLACE INFORMATION CLEARINGHOUSE.
``(a) Establishment.--The Administrator shall establish within the
Administration an office to be known as the `Drug-Free Workplace
Information Clearinghouse', to be headed by a director (referred to in
this section as the `Director') appointed by the Administrator.
``(b) Duties.--The Director shall--
``(1) serve as a resource for employers maintaining or
attempting to establish a drug-free workplace policy;
``(2) provide assistance to employers and employees in--
``(A) resolving complaints, grievances, and
requests for information with regard to drug-free
workplaces; and
``(B) understanding rights and responsibilities
under Federal employment laws pertaining to drug-free
workplace policies; and
``(3) conduct an educational campaign for employers under
subsection (c).
``(c) Educational Campaign.--The Director shall conduct an
educational campaign for employers on--
``(1) any Federal drug-free workplace standards or
guidelines; and
``(2) any Federal assistance available to employers for
establishing or maintaining a drug-free workplace.
``(d) Reports.--The Administrator, acting through the Director,
shall submit annual reports to the Secretary and the Congress--
``(1) describing the activities of the Director; and
``(2) including any recommendations for the improvement of
Federal drug-free workplace policies or guidelines.''.
SEC. 3. TRAINING FOR HEALTH CARE PROVIDERS ON METHAMPHETAMINE
ADDICTION.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.) is amended--
(1) by redesignating the second section 514 (relating to
methamphetamine and amphetamine treatment initiative) as
section 514B; and
(2) by inserting after section 514B, as so redesignated,
the following:
``SEC. 514C. TRAINING FOR HEALTH CARE PROVIDERS ON METHAMPHETAMINE
ADDICTION.
``(a) Grants.--The Director of the Center for Substance Abuse
Treatment shall make grants to medical associations, health care
providers, and health care facilities to conduct training for health
care providers on--
``(1) how to recognize the signs of methamphetamine
addiction; and
``(2) how to recognize vulnerable populations for purposes
of preventing and treating such addiction.
``(b) Education Campaign.--The Director of the Center for Substance
Abuse Treatment, in cooperation with health care providers, shall
conduct an educational campaign on the public health effects of
methamphetamine addiction. Such campaign shall include the distribution
by such providers of materials prepared by the Director.''.
SEC. 4. METHAMPHETAMINE AWARENESS PROJECTS.
(a) Technical Correction.--Section 3104(c) of the Children's Health
Act of 2000 (Public Law 106-310; 114 Stat. 1101) is amended by striking
``is amended by adding the following'' and inserting ``is amended by
inserting after section 519D the following''.
(b) Grants.--Subpart 2 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after
section 519E the following:
``SEC. 519F. METHAMPHETAMINE AWARENESS PROJECTS.
``(a) Grants.--
``(1) Authorization.--The Director of the Center for
Substance Abuse Treatment shall make grants to schools,
community organizations, and local governmental entities to
establish or maintain a methamphetamine awareness project
described in subsection (b).
``(2) Project description.--A methamphetamine awareness
project described in this subsection is a community project
meeting each of the following:
``(A) The project consists of after-school or
extracurricular activities for students in grades 6 to
12 in which the students learn about the dangers of
methamphetamine through hands-on advertising or video
production exercises.
``(B) Such exercises must culminate in production
of a finished product, such as a public service
announcement or a television, radio, or print
advertisement, to disseminate the anti-methamphetamine
message.
``(C) Such exercises must be student-driven with
guidance from adult mentors and professionals from the
chosen medium.
``(b) Administration Announcements.--Before disseminating any
methamphetamine-related public service announcement or advertisement,
the Secretary shall consider the suitability of using an announcement
or advertisement produced pursuant to subsection (a).''. | Methamphetamine Prevention Enhancement Act of 2007 - Amends the Public Health Service Act to direct the Administrator of the Substance Abuse and Mental Health Services Administration to establish a Drug-Free Workplace Information Clearinghouse.
Requires the Clearinghouse Director to: (1) serve as a resource for employers maintaining or attempting to establish a drug-free workplace policy; (2) provide assistance to employers and employees in resolving complaints, grievances, and requests for information regarding drug-free workplaces and in understanding rights and responsibilities under federal employment laws pertaining to drug-free workplace policies; and (3) conduct an educational campaign for employers on federal drug-free workplace standards or guidelines and on federal assistance available to employers to establish or maintain a drug-free workplace.
Requires the Director of the Center for Substance Abuse Treatment to: (1) make grants to medical associations, health care providers, and health care facilities to conduct training for health care providers on recognizing the signs of methamphetamine addiction and recognizing vulnerable populations for purposes of preventing and treating such addiction; (2) conduct an educational campaign on the public health effects of methamphetamine addiction; and (3) make grants to schools, community organizations, and local governmental entities to establish or maintain a methamphetamine awareness project consisting of after-school or extracurricular activities in which students learn about the dangers of methamphetamine through hands-on advertising or video production exercises. | To amend the Public Health Service Act to provide for the establishment of a Drug-Free Workplace Information Clearinghouse, to authorize programs to prevent and improve treatment of methamphetamine addiction, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crosby-Puller Combat Wounds
Compensation Act''.
SEC. 2. CONTINUATION OF SPECIAL PAYS AND ALLOWANCES FOR MEMBERS OF THE
ARMED FORCES WOUNDED OR INJURED IN COMBAT ZONES.
(a) Hazardous Duty Pay.--Section 301 of title 37, United States
Code, is amended by adding at the end the following new subsection:
``(g) A member of the armed forces entitled to incentive pay under
this section who is wounded or otherwise injured while assigned to duty
in an area for which special pay under section 310 of this title is
available and who is removed from the area for treatment of the wound
or injury shall continue to be paid incentive pay under this section at
the rate in effect for the member when the member received the wound or
injury until the earliest of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(b) Aviation Career Incentive Pay for Officers.--Section 301a of
such title is amended by adding at the end the following new
subsection:
``(g) An officer entitled to incentive pay under this section who
is wounded or otherwise injured while assigned to duty in an area for
which special pay under section 310 of this title is available and who
is removed from the area for treatment of the wound or injury shall
continue to be paid incentive pay under this section at the rate in
effect for the officer when the officer received the wound or injury
until the earliest of the following dates:
``(1) The date on which the officer is found to be
physically fit to perform the duties of the officer's office,
grade, rank, or rating.
``(2) The date on which the officer is discharged or
separated from the armed forces.
``(3) The date on which the officer dies.''.
(c) Career Enlisted Flier Incentive Pay.--Section 320 of such title
is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Continuation When Wounded or Injured in Combat Zone.--A
member entitled to incentive pay under this section who is wounded or
otherwise injured while assigned to duty in an area for which special
pay under section 310 of this title is available and who is removed
from the area for treatment of the wound or injury shall continue to be
paid incentive pay under this section at the rate in effect for the
member when the member received the wound or injury until the earliest
of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(d) Hardship Duty Pay.--Section 305 of such title is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Continuation When Wounded or Injured in Combat Zone.--A
member of the armed forces entitled to hardship duty pay under
subsection (a) who is wounded or otherwise injured while assigned to
duty in an area for which special pay under section 310 of this title
is available and who is removed from the area for treatment of the
wound or injury shall continue to be paid hardship duty pay under
subsection (a) at the rate in effect for the member when the member
received the wound or injury until the earliest of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(e) Imminent Danger Pay.--Subsection (b) of section 310 of such
title is amended to read as follows:
``(b) Continuation When Wounded or Injured in Combat Zone.--A
member who is wounded or otherwise injured while assigned to duty in an
area for which special pay is available under this section and who is
removed from the area for treatment of the wound or injury shall
continue to be paid such special pay at the rate in effect for the
member when the member received the wound or injury until the earliest
of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(f) Travel and Transportation Per Diem.--Section 405 of such title
is amended by adding at the end the following new subsection:
``(d) Continuation When Wounded or Injured in Combat Zone.--A
member of the armed forces entitled to a per diem under this section
who is wounded or otherwise injured while assigned to duty in an area
for which special pay under section 310 of this title is available and
who is removed from the area for treatment of the wound or injury shall
continue to be paid such per diem at the rate in effect for the member
when the member received the wound or injury until the earliest of the
following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
(g) Family Separation Allowance.--Section 427 of such title is
amended by adding at the end the following new subsection:
``(f) Continuation When Wounded or Injured in Combat Zone.--A
member of the armed forces entitled to an allowance under subsection
(a) who is wounded or otherwise injured while assigned to duty in an
area for which special pay under section 310 of this title is available
and who is removed from the area for treatment of the wound or injury
shall continue to be paid the allowance at the rate in effect for the
member when the member received the wound or injury until the earliest
of the following dates:
``(1) The date on which the member is found to be
physically fit to perform the duties of the member's office,
grade, rank, or rating.
``(2) The date on which the member is discharged or
separated from the armed forces.
``(3) The date on which the member dies.''.
SEC. 3. REPEAL OF TIME LIMITATION ON EXCLUSION OF COMBAT ZONE
COMPENSATION BY REASON OF HOSPITALIZATION.
(a) In General.--Subsections (a)(2) and (b)(2) of section 112 of
the Internal Revenue Code of 1986 are each amended by striking ``; but
this paragraph shall not apply for any month beginning more than 2
years after the date of the termination of combatant activities in such
zone''.
(b) Effective Date.--The amendments made by this section shall
apply to compensation received for months ending after the date of the
enactment of this Act. | Crosby-Puller Combat Wounds Compensation Act - Continues hazardous duty pay, aviation career incentive pay, career enlisted flier incentive pay, hardship duty pay, imminent danger pay, the travel or transportation per diem for duty outside the United States or in Hawaii or Alaska, and the family separation allowance for members of the Armed Forces who are wounded or injured in combat zones and removed from the area for treatment until such time as the member: (1) is found physically fit to perform the duties of the member's office, grade, rank, or rating; (2) is discharged or separated; or (3) dies.
Amends the Internal Revenue Code of 1986 to repeal the time limitation on the income tax exclusion for combat zone compensation resulting from hospitalization due to wounds, disease, or injury incurred in such combat zone. | To amend title 37, United States Code, to ensure that a member of the Armed Forces who is wounded or otherwise injured while serving in a combat zone will continue to receive certain special pays and allowances associated with such service, and will continue to receive the benefit of the combat zone tax exclusion associated with the pay and allowances of the member, while the member recovers from the wound or injury, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Adult Healthcare Coverage Act
of 2009''.
SEC. 2. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE FOR
CERTAIN UNMARRIED, UNINSURED YOUNG ADULTS.
(a) Under Group Health Plans.--
(1) Employee retirement income security act of 1974
amendments.--
(A) In general.--The Employee Retirement Income
Security Act of 1974 is amended by inserting after
section 703 the following new section:
``SEC. 704. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE FOR
CERTAIN UNMARRIED, UNINSURED YOUNG ADULTS.
``(a) In General.--A group health plan and a health insurance
issuer offering health insurance coverage in connection with a group
health plan that provides coverage for dependent children shall make
available such coverage, at the option of the participant involved, for
one or more qualified children (as defined in subsection (b)) of the
participant.
``(b) Qualified Child Defined.--In this section, the term
`qualified child' means, with respect to a participant in a group
health plan or group health insurance coverage, an individual who (but
for age) would be treated as a dependent child of the participant under
such plan or coverage and who--
``(1) is under 30 years of age;
``(2) is not married;
``(3) has no dependents;
``(4) is a citizen or national of the United States; and
``(5) is not provided coverage as a participant,
beneficiary, or enrollee (other than under this section) under
any other creditable coverage (as defined in section
701(c)(1)).
``(c) Premiums.--Nothing in this section shall be construed as
preventing a group health plan or health insurance issuer with respect
to group health insurance coverage from increasing the premiums
otherwise required for coverage provided under this section.''.
(B) Clerical amendment.--The table of contents of
such Act is amended by inserting after the item
relating to section 703 the following new item:
``704. Requiring the option of extension of dependent coverage for
certain unmarried young adults.''.
(2) PHSA.--Title XXVII of the Public Health Service Act is
amended by inserting after section 2702 the following new
section:
``SEC. 2703. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE
FOR CERTAIN UNMARRIED, UNINSURED YOUNG ADULTS.
``The provisions of section 704 of the Employee Retirement Income
Security Act of 1974 shall apply to health insurance coverage offered
by a health insurance issuer in the individual market in the same
manner as they apply to health insurance coverage offered by a health
insurance issuer in connection with a group health plan in the small or
large group market.''.
(b) Individual Health Insurance Coverage.--Title XXVII of the
Public Health Service Act is amended by inserting after section 2745
the following new section:
``SEC. 2746. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE
FOR CERTAIN UNMARRIED YOUNG ADULTS.
``The provisions of section 2703 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Effective Dates.--
(1) Group health plans.--
(A) In general.--The amendments made by subsection
(a) shall apply to group health plans for plan years
beginning on or after the date that is 90 days after
the date of enactment of this Act.
(B) Special rule for collective bargaining
agreements.--In the case of a group health plan
maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or
more employers, any plan amendment made pursuant to a
collective bargaining agreement relating to the plan
which amends the plan solely to conform to any
requirement added by an amendment made by subsection
(a) shall not be treated as a termination of such
collective bargaining agreement.
(2) Individual health insurance coverage.--Section 2746 of
the Public Health Service Act, as inserted by subsection (b),
shall apply with respect to health insurance coverage offered,
sold, issued, renewed, in effect, or operated in the individual
market after the first day of the first month that begins more
than 90 days after the date of the enactment of this Act. | Young Adult Healthcare Coverage Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require a group health plan that provides coverage for dependent children to make available such coverage, at the option of the participant involved, to a participant's child who (but for age) would be treated as a dependent child and who: (1) is under 30 years of age; (2) is not married; (3) has no dependents; (4) is a citizen or national of the United States; and (5) is not provided coverage as a participant, beneficiary, or enrollee under any other creditable coverage.
Applies such requirement to individual health insurance coverage. | To amend the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to require the option of extension of dependent coverage for unmarried, uninsured children under 30 years of age under group health plans and under group and individual health insurance coverage. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Flexibility Act of
1999''.
SEC. 2. COMPENSATORY TIME.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)
is amended by adding at the end the following:
``(r) Compensatory Time Off for Private Employees.--
``(1) General rule.--
``(A) Compensatory time off.--An employee may
receive, in accordance with this subsection and in lieu
of monetary overtime compensation, compensatory time
off at a rate not less than one and one-half hours for
each hour of employment for which overtime compensation
is required by this section.
``(B) Definition.--For purposes of this subsection,
the term `employee' does not include an employee of a
public agency.
``(2) Conditions.--An employer may provide compensatory
time to employees under paragraph (1)(A) only if such time is
provided in accordance with--
``(A) applicable provisions of a collective
bargaining agreement between the employer and the labor
organization which has been certified or recognized as
the representative of the employees under applicable
law, or
``(B) in the case of employees who are not
represented by a labor organization which has been
certified or recognized as the representative of such
employees under applicable law, an agreement arrived at
between the employer and employee before the
performance of the work and affirmed by a written or
otherwise verifiable record maintained in accordance
with section 11(c)--
``(i) in which the employer has offered and
the employee has chosen to receive compensatory
time in lieu of monetary overtime compensation;
and
``(ii) entered into knowingly and
voluntarily by such employees and not as a
condition of employment.
No employee may receive or agree to receive compensatory time
off under this subsection unless the employee has worked at
least 1000 hours for the employee's employer during a period of
continuous employment with the employer in the 12 month period
before the date of agreement or receipt of compensatory time
off.
``(3) Hour limit.--
``(A) Maximum hours.--An employee may accrue not
more than 160 hours of compensatory time.
``(B) Compensation date.--Not later than January 31
of each calendar year, the employee's employer shall
provide monetary compensation for any unused
compensatory time off accrued during the preceding
calendar year which was not used prior to December 31
of the preceding year at the rate prescribed by
paragraph (6). An employer may designate and
communicate to the employer's employees a 12-month
period other than the calendar year, in which case such
compensation shall be provided not later than 31 days
after the end of such 12-month period.
``(C) Excess of 80 hours.--The employer may provide
monetary compensation for an employee's unused
compensatory time in excess of 80 hours at any time
after giving the employee at least 30 days notice. Such
compensation shall be provided at the rate prescribed
by paragraph (6).
``(D) Policy.--Except where a collective bargaining
agreement provides otherwise, an employer which has
adopted a policy offering compensatory time to employees may
discontinue such policy upon giving employees 30 days notice.
``(E) Written request.--An employee may withdraw an
agreement described in paragraph (2)(B) at any time. An
employee may also request in writing that monetary
compensation be provided, at any time, for all
compensatory time accrued which has not yet been used.
Within 30 days of receiving the written request, the
employer shall provide the employee the monetary
compensation due in accordance with paragraph (6).
``(4) Private employer actions.--An employer which provides
compensatory time under paragraph (1) to employees shall not
directly or indirectly intimidate, threaten, or coerce or
attempt to intimidate, threaten, or coerce any employee for the
purpose of--
``(A) interfering with such employee's rights under
this subsection to request or not request compensatory
time off in lieu of payment of monetary overtime
compensation for overtime hours; or
``(B) requiring any employee to use such
compensatory time.
``(5) Termination of employment.--An employee who has
accrued compensatory time off authorized to be provided under
paragraph (1) shall, upon the voluntary or involuntary
termination of employment, be paid for the unused compensatory
time in accordance with paragraph (6).
``(6) Rate of compensation.--
``(A) General rule.--If compensation is to be paid
to an employee for accrued compensatory time off, such
compensation shall be paid at a rate of compensation
not less than--
``(i) the regular rate received by such
employee when the compensatory time was earned,
or
``(ii) the final regular rate received by
such employee,
whichever is higher.
``(B) Consideration of payment.--Any payment owed
to an employee under this subsection for unused
compensatory time shall be considered unpaid overtime
compensation.
``(7) Use of time.--An employee--
``(A) who has accrued compensatory time off
authorized to be provided under paragraph (1), and
``(B) who has requested the use of such
compensatory time,
shall be permitted by the employee's employer to use such time
within a reasonable period after making the request if the use
of the compensatory time does not unduly disrupt the operations
of the employer.
``(8) Definitions.--The terms `overtime compensation' and
`compensatory time' shall have the meanings given such terms by
subsection (o)(7).''.
SEC. 3. REMEDIES.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended--
(1) in subsection (b), by striking ``(b) Any employer'' and
inserting ``(b) Except as provided in subsection (f), any
employer''; and
(2) by adding at the end the following:
``(f) An employer which violates section 7(r)(4) shall be liable to
the employee affected in the amount of the rate of compensation
(determined in accordance with section 7(r)(6)(A)) for each hour of
compensatory time accrued by the employee and in an additional equal
amount as liquidated damages reduced by the amount of such rate of
compensation for each hour of compensatory time used by such
employee.''.
SEC. 4. NOTICE TO EMPLOYEES.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Labor shall revise the materials the Secretary
provides, under regulations published at 29 C.F.R. 516.4, to employers
for purposes of a notice explaining the Fair Labor Standards Act of
1938 to employees so that such notice reflects the amendments made to
such Act by this Act.
SEC. 5. SUNSET.
This Act and the amendments made by this Act shall expire 5 years
after the date of the enactment of this Act. | Working Families Flexibility Act of 1999 - Amends the Fair Labor Standards Act of 1938 to provide for compensatory time for all employees.
Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. | Working Families Flexibility Act of 1999 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Biometric Exit Improvement Act of
2015''.
SEC. 2. BIOMETRIC EXIT DATA SYSTEM.
(a) Establishment.--The Secretary of Homeland Security shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an
implementation plan to establish a biometric exit data system
to complete the integrated biometric entry and exit data system
required under section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), including--
(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs, of
such a system;
(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department of Homeland Security;
(C) a consideration of training programs necessary
to establish such a system;
(D) a consideration of how such a system will
affect wait times;
(E) information received after consultation with
private sector stakeholders, including--
(i) the trucking industry;
(ii) the airport industry;
(iii) the airline industry;
(iv) the seaport industry;
(v) the travel industry; and
(vi) the biometric technology industry;
(F) a consideration of how trusted traveler
programs in existence as of the date of the enactment
of this Act may be impacted by, or incorporated into,
such a system;
(G) defined metrics of success and milestones;
(H) identified risks and mitigation strategies to
address such risks; and
(I) a consideration of how other countries have
implemented a biometric exit data system;
(2) not later than two years after the date of the
enactment of this Act, establish a biometric exit data system
at--
(A) the ten United States airports that support the
highest volume of international air travel, as
determined by available Federal flight data;
(B) the ten United States seaports that support the
highest volume of international sea travel, as
determined by available Federal travel data; and
(C) the ten United States land ports of entry that
support the highest volume of pedestrian crossings, as
determined by available Federal border crossing data;
and
(3) not later than three years after the date of the
enactment of this Act, 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, in accordance with subsection (d), that analyzes the
effectiveness of the biometric exit data system referred to in
paragraph (1) at the ten international airports, the ten
international seaports, and the ten international land ports of
entry described in paragraph (2).
(b) Implementation.--
(1) Pilot program at land ports of entry for non-pedestrian
outbound traffic.--
(A) In general.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of
Homeland Security, in collaboration with industry
stakeholders and the head of a university-based center
of excellence with prior expertise in border security
and counterterrorism, shall establish a six-month pilot
program to test the biometric exit data system referred
to in subsection (a)(2) on non-pedestrian outbound
traffic at not fewer than three land ports of entry
with significant cross-border traffic, including at not
fewer than two land ports of entry on the southern
border and at at least one land port of entry on the
northern border, and including in at least one
passenger vehicle lane. Such pilot program may include
a consideration of more than one biometric mode, and
shall be implemented to determine the following:
(i) How a nationwide implementation of such
biometric exit data system at land ports of
entry shall be carried out.
(ii) The infrastructure required to carry
out clause (i).
(iii) The effects of such pilot program on
legitimate travel and trade.
(iv) The effects of such pilot program on
wait times, including processing times, for
such non-pedestrian traffic.
(v) Its effectiveness in combating
terrorism.
(B) GAO review.--Not later than 30 days after the
conclusion of the pilot program under subparagraph (A),
the Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection,
shall submit the results of the determinations made
pursuant to such subparagraph to the Government
Accountability Office for review. Not later than 90
days after the Government Accountability Office
receives such results, the Comptroller General of the
United States shall submit to the Secretary of Homeland
Security and the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a
review of such results.
(C) Operation.--Not later than 90 days after
receiving the GAO review referred to in subparagraph
(B), the Secretary of Homeland Security, acting through
the Commissioner of U.S. Customs and Border Protection,
shall, based on such review and the results of the
determinations under subparagraph (A), 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 plan, with an
integrated master schedule, to implement a biometric
exit data system at all land ports of entry for non-
pedestrian outbound traffic.
(2) At land ports of entry for non-pedestrian outbound
traffic.--
(A) In general.--Not later than three years after
submitting the integrated master schedule referred to
in paragraph (1)(C), the Secretary of Homeland Security
shall expand the biometric exit data system referred to
in subsection (a)(2) to all land ports of entry, and
such system shall apply only in the case of non-
pedestrian outbound traffic.
(B) Extension.--
(i) Collaboration.--The Secretary of
Homeland Security shall collaborate with the
head of a university-based center of excellence
with prior expertise in border security and
counterterrorism and with the head of a
national laboratory within the Department of
Homeland Security laboratory network with prior
expertise in border security and
counterterrorism regarding extensions of the
initial date specified in subparagraph (A) if
any of the conditions described in clause (ii)
exist.
(ii) Conditions.--The Secretary of Homeland
Security may extend by two years the initial
date specified in subparagraph (A), and may
renew such extension in additional two year
increments, if the Secretary, after the
collaboration described in clause (i),
certifies to the Committee on Homeland Security
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs of the Senate that any of the following
conditions exist:
(I) Systems to collect biometric
data cannot be purchased, deployed, or
operated at land ports of entry by the
initial deadline specified in
subparagraph (A).
(II) The 15 land ports of entry
that support the highest volume of
international travel, as determined by
available Federal data, do not have the
physical infrastructure or
characteristics to install the systems
referred to in subclause (I).
(III) Use of systems referred to in
subclause (I) will substantially impact
crossing times or the flow of cargo.
(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this Act, the
Secretary of Homeland Security shall expand the biometric exit
data system referred to in subsection (a)(2) to all air and sea
ports of entry.
(4) At land ports of entry for pedestrians.--Not later than
five years after the date of the enactment of this Act, the
Secretary of Homeland Security shall expand the biometric exit
data system referred to in subsection (a)(2) to all land ports
of entry, and such system shall apply only in the case of
pedestrians.
(c) Effects on Air, Sea, and Land Transportation.--The Secretary of
Homeland Security, in consultation with appropriate private sector
stakeholders, shall ensure that the collection of biometric data under
this section causes the least possible disruption to the movement of
people or cargo in air, sea, or land transportation.
(d) Determination.--In making the analysis required under
subsection (a)(3), the Secretary of Homeland Security shall consider
the effects of the collection of biometric data under this section on
wait times for air and sea travelers and any other significant
disruption to the movement of people or cargo in air or sea
transportation.
(e) Termination of Proceeding.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall, on the date of the
enactment of this Act, terminate the proceeding entitled ``Collection
of Alien Biometric Data Upon Exit From the United States at Air and Sea
Ports of Departure'', issued on April 24, 2008 (73 C.F.R. 22065; DHS
Docket No. 2008-0039).
(f) Data-Matching.--The biometric exit data system established
under this section shall--
(1) require that the biometric data that was obtained for a
person upon entry to the United States is matched against the
biometric data of such person when such person exits the United
States;
(2) leverage the infrastructure and databases of the
current entry system established pursuant to section 7208 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b) for the purpose described in paragraph (1); and
(3) be interoperable with, and allow matching against,
other Federal databases that store biometrics of known or
suspected terrorists.
(g) Scope.--
(1) In general.--The biometric exit data system established
under this section shall include a requirement for the
collection of biometric exit data for all categories of
individuals who are required to provide biometric entry data.
(2) Exception.--This section shall not apply in the case of
a citizen of the United States.
(h) Collection of Data.--The Secretary of Homeland Security may not
require any non-Federal person to collect biometric data pursuant to
the biometric exit data system established under this section, except
through a contractual agreement.
(i) Multi-Modal Collection.--In carrying out subsections (a)(1) and
(b), the Secretary of Homeland Security shall make every effort to
collect biometric data using additional modes of biometric technology. | Biometric Exit Improvement Act of 2015 Directs the Secretary of Homeland Security (DHS) to: (1) submit an implementation plan to establish a biometric exit data system to complete the integrated biometric entry and exit data system required under the Intelligence Reform and Terrorism Prevention Act of 2004; (2) establish such a system, within two years after enactment of this Act, at the 10 U.S. airports, 10 U.S. seaports, and 10 land ports of entry that support the highest volume of international air travel, international sea travel, and pedestrian crossings, respectively; and (3) submit a report that analyzes the effectiveness of such system. Directs the Secretary: (1) within 18 months after enactment of this Act, in collaboration with industry stakeholders and the head of a university-based center with prior expertise in border security and counterterrorism, to establish a 6-month pilot program to test such system on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic; (2) after receiving a Government Accounting Office review of such program and acting through the Commissioner of U.S. Customs and Border Protection, to submit a plan with an integrated master schedule to implement such a system at all land ports of entry for non-pedestrian outbound traffic; (3) within three years after submitting such master schedule, to expand the system to all land ports of entry for non-pedestrian outbound traffic; and (4) within five years after enactment of this Act, to expand the system to all air and sea ports of entry and to all land ports of entry for pedestrian traffic. Requires the Secretary to: (1) ensure that the collection of biometric data under such system causes the least possible disruption to the movement of people or cargo in air, sea, or land transportation; (2) terminate the proceeding entitled "Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure," issued on April 24, 2008; and (3) make every every effort to collect biometric data using additional modes of biometric technology. Prohibits the Secretary from requiring any non-federal person to collect biometric data under the system, except through a contractual agreement. | Biometric Exit Improvement Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Research Public Access Act
of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal Government funds basic and applied research
with the expectation that new ideas and discoveries that result
from the research, if shared and effectively disseminated, will
advance science and improve the lives and welfare of people of
the United States and around the world; and
(2) the Internet makes it possible for this information to
be promptly available to every scientist, physician, educator,
and citizen at home, in school, or in a library.
SEC. 3. DEFINITION.
In this Act the term ``Federal agency'' means an Executive agency
defined under section 105 of title 5, United States Code.
SEC. 4. FEDERAL RESEARCH PUBLIC ACCESS POLICY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, each Federal agency with extramural research expenditures
of over $100,000,000 shall develop a Federal research public access
policy that is consistent with and advances purposes of the Federal
agency.
(b) Content.--Each Federal research public access policy shall
provide for--
(1) submission to the Federal agency of an electronic
version of the author's final manuscript of original research
papers that have been accepted for publication in peer-reviewed
journals and result from research supported, in whole or in
part, from funding by the Federal Government;
(2) the incorporation of all changes resulting from the
peer review publication process in the manuscript described
under paragraph (1);
(3) the replacement of the final manuscript with the final
published version if--
(A) the publisher consents to the replacement; and
(B) the goals of the Federal agency for
functionality and interoperability are retained;
(4) free online public access to such final peer-reviewed
manuscripts or published versions as soon as practicable, but
not later than 6 months after publication in peer-reviewed
journals;
(5) production of an online bibliography of all research
papers that are publicly accessible under the policy, with each
entry linking to the corresponding free online full text; and
(6) long-term preservation of, and free public access to,
published research findings--
(A) in a stable digital repository maintained by
the Federal agency; or
(B) if consistent with the purposes of the Federal
agency, in any repository meeting conditions determined
favorable by the Federal agency, including free public
access, interoperability, and long-term preservation.
(c) Application of Policy.--Each Federal research public access
policy shall--
(1) apply to--
(A) researchers employed by the Federal agency
whose works remain in the public domain; and
(B) researchers funded by the Federal agency;
(2) provide that works described under paragraph (1)(A)
shall be--
(A) marked as being public domain material when
published; and
(B) made immediately available under subsection
(b)(4); and
(3) make effective use of any law or guidance relating to
the creation and reservation of a Government license that
provides for the reproduction, publication, release, or other
uses of a final manuscript for Federal purposes.
(d) Exclusions.--Each Federal research public access policy shall
not apply to--
(1) laboratory notes, preliminary data analyses, notes of
the author, phone logs, or other information used to produce
final manuscripts;
(2) classified research, research resulting in works that
generate revenue or royalties for authors (such as books) or
patentable discoveries, to the extent necessary to protect a
copyright or patent; or
(3) authors who do not submit their work to a journal or
works that are rejected by journals.
(e) Patent or Copyright Law.--Nothing in this Act shall be
construed to affect any right under the provisions of title 17 or 35,
United States Code.
(f) Report.--
(1) In general.--Not later than October 1, of each year,
the head of each Federal agency shall submit a report on the
Federal research public access policy of that agency to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Government Reform of the House
of Representatives; and
(C) any other committee of Congress of appropriate
jurisdiction.
(2) Content.--Each report under this subsection shall
include--
(A) a statement of the effectiveness of the Federal
research public access policy in providing the public
with free online access to papers on research funded by
the Federal agency;
(B) a list of papers published in peer-reviewed
journals that report on research funded by the Federal
agency;
(C) a corresponding list of papers made available
by the Federal agency as a result of the Federal
research public access policy; and
(D) a summary of the periods of time between public
availability of each paper in a journal and in the
online repository of the Federal agency.
(3) Public availability.--The Federal agency shall make the
statement under paragraph (2)(A) and the lists of papers under
subparagraphs (B) and (C) of paragraph (2) available to the
public by posting such statement and lists on the website of
the Federal agency. | Federal Research Public Access Act of 2006 - Requires each federal agency with extramural research expenditures of over $100 million to develop a specified federal research public access policy that is consistent with and advances the purposes of the agency.
Makes each federal research public access policy applicable to: (1) researchers employed by the federal agency whose works remain in the public domain; and (2) researchers funded by the agency. Specifies exclusions.
Requires the submission of annual reports by each federal agency on its federal research public access policy. | A bill to provide for Federal agencies to develop public access policies relating to research conducted by employees of that agency or from funds administered by that agency. |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Endangered Species
Fair Regulatory Process Reform Act''.
(b) References to Endangered Species Act of 1973.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to that section or provision of the Endangered Species Act (16
U.S.C. 1531 et seq.).
SEC. 2. LISTING PROCESS REFORMS.
(a) Petition Information.--Section 4(b)(3) (16 U.S.C. 1533(b)(3))
is amended by adding at the end the following:
``(E) In the case of a petition to add a species to either list
published under subsection (c), a finding that the petition presents
the information described in subparagraph (A) shall not be made unless
the petition provides--
``(i) documentation from a published scientific source that
the fish, wildlife, or plant that is the subject of the
petition is a species;
``(ii) a description of the available data on the
historical and current range and distribution of the species,
an explanation of the methodology used to collect the data, and
identification of the location where such data can be reviewed;
``(iii) an appraisal of the available data on the status
and trends of populations of the species;
``(iv) an appraisal of the available data on the threats to
the species;
``(v) an identification of the information contained or
referred to in the petition that has been peer-reviewed or
field-tested; and
``(vi) at least one study or credible expert opinion, from
a person not affiliated with the petitioner, to support the
action requested in the petition.''.
(b) Availability of Information Relating to Listing.--Section 4(b)
(16 U.S.C. 1533(b)) is amended by adding at the end the following:
``(9)(A) Upon publication of a proposed rule determining that a
species is an endangered species or threatened species, the Secretary
shall make publicly available all information on which the
determination is based, including all scientific studies and data
underlying those studies, and all information related to the species
the Secretary possesses that does not support the determination.
``(B) This paragraph does not require disclosure of any information
that--
``(i) is not subject to the requirements of section 552 of
title 5, United States Code (popularly known as the Freedom of
Information Act); or
``(ii) is prohibited from being disclosed under section
552a of title 5, United States Code (popularly known as the
Privacy Act).''.
(c) Peer Review Committees.--Section 4(b) (16 U.S.C. 1533) is
further amended by adding at the end the following:
``(10)(A) In the case of a regulation proposed by the Secretary to
implement a determination under subsection (a)(1) that any species is
an endangered species or a threatened species or that any species
currently listed as an endangered species or a threatened species
should be removed from any list published pursuant to subsection (c),
the Secretary shall provide for independent scientific peer review by--
``(i) selecting independent referees pursuant to
subparagraph (B);
``(ii) requesting the referees to conduct the review,
considering all relevant information, and make a recommendation
to the Secretary in accordance with this paragraph not later
than 150 days after the general notice is published pursuant to
paragraph (5)(A)(i).
``(B) Selection of Referees.--For each independent scientific
review to be conducted pursuant to subparagraph (A), the Secretary
shall select 3 independent referees from a list provided by the
National Academy of Sciences, who--
``(i) through publication of peer-reviewed scientific
literature or other means, have demonstrated scientific
expertise on the species or a similar species or other
scientific expertise relevant to the decision of the Secretary
under subsection (a);
``(ii) do not have, nor represent any person with, a
conflict of interest with respect to the determination that is
the subject of the review; and
``(iii) are not participants in a petition to list, change
the status of, or remove the species from a list under
subsection (c), or the proposed or final determination of the
Secretary.
``(C) The Secretary shall take one of the actions under paragraph
(6)(A) of this subsection not later than 1 year after the date of
publication of the general notice of the proposed determination. If the
referees have made a recommendation in accordance with clause (ii) of
subparagraph (A), the Secretary shall evaluate and consider the
information that results from the independent scientific review and
include in the final determination--
``(i) a summary of the results of the independent
scientific review; and
``(ii) in cases where the recommendation of a majority of
the referees who conducted the independent scientific review
under subparagraph (A) is not followed, an explanation as to
why the recommendation was not followed.
``(D) The referees selected pursuant to this paragraph shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).''.
(d) Establishment of Criteria for Scientific Studies To Support
Listing.--Section 4(b) (16 U.S.C. 1533(b)) is further amended by adding
at the end the following:
``(11) Within 1 year after the date of the enactment of this
paragraph, the Secretary shall issue rules that establish criteria that
must be met for scientific and commercial data to be used as the basis
of any determination under this section that a species is an endangered
species or threatened species or should be removed from a list
published under subsection (c).''.
(e) Field Data Required.--Section 4(b) (16 U.S.C. 1533(b)) is
further amended by adding at the end the following:
``(12)(A) The Secretary may not determine that a species is an
endangered species or threatened species unless the determination is
supported by data obtained by observation of the species in the field.
``(B) The Secretary shall--
``(i) accept and acknowledge receipt of data regarding the
status of a species, that is collected by the owner of land
through observation of the species on such land; and
``(ii) include such data in the rulemaking record for any
determination that the species is an endangered species or
threatened species, unless the data is refuted by other field-
collected data in the possession of the Secretary.''.
SEC. 3. FORMAL RULEMAKING PROCESS FOR LISTINGS.
(a) Formal Rulemaking Required.--Section 4(b)(4) (16 U.S.C.
1533(b)(4)) is amended--
(1) by striking ``Except as provided in'' and inserting
``(A) Except as provided in subparagraph (B) of this paragraph
and''; and
(2) by adding at the end the following:
``(B)(i) The Secretary shall make determinations referred to in
subsection (a)(1) and designations and revisions referred to in
subsection (a)(3) by a rule made on the record after an opportunity for
an agency hearing--
``(I) in the State in which the largest population of the
species exists; and
``(II) in the State for which the potential economic impact
of the determination, designation, or revision is greatest.
``(ii) A hearing under this subparagraph--
``(I) shall be initiated by the Secretary not later than 1
year after publication of notice of proposed rulemaking, and
shall be of not more than 30 days in duration; and
``(II) shall be conducted in accordance with sections 556
and 557 of title 5, United States Code.''.
(b) Conforming Amendment.--Section 4(b)(5) (16 U.S.C. 1533(b)(5))
is amended--
(1) in subparagraph (C) by adding ``and'' after the
semicolon;
(2) in subparagraph (D) by striking ``; and'' and inserting
a period; and
(3) by striking subparagraph (E).
SEC. 4. ENSURING ADEQUATE BASIS FOR REGULATORY ACTIONS.
Section 4 (16 U.S.C. 1533) is amended by adding at the end the
following:
``(j) Standard for Certain Actions.--(1) Notwithstanding section
706(2) of title 5, United States Code, the Secretary may not take an
action referred to in paragraph (2) unless that action is supported by
substantial evidence.
``(2) The actions referred to in paragraph (1) are the following:
``(A) A determination under subsection (a)(1) that a
species is an endangered species or threatened species.
``(B) The removal of a species from either of the lists
published under subsection (c).
``(C) The approval of a new or revised recovery plan under
subsection (f).''.
SEC. 5. ECONOMIC IMPACT ANALYSES.
Section 4 (16 U.S.C. 1533) is further amended by adding at the end
the following:
``(k) Economic Impact Analysis.--(1) The Secretary shall prepare
and publish with a final rule under subsection (a)(1) determining that
a species is an endangered species or threatened species, or under
subsection (b)(2) designating critical habitat for a species, an
analysis of the economic impacts of the rule.
``(2) An analysis under paragraph (1) for a determination that a
species is an endangered species or threatened species shall describe
the geographic area that will be affected by the determination,
including specification of privately owned property located in that
area.''.
SEC. 6. EXPERIMENTAL POPULATIONS.
Section 10(j) (16 U.S.C. 1539(j)) is amended by adding at the end
the following:
``(4)(A) The Secretary may not release any experimental population
on or affecting privately owned property except by a rulemaking.
``(B) Any rule issued under this paragraph shall--
``(i) identify the geographic area affected by the release;
``(ii) describe the need for the release; and
``(iii) the economic impacts of the release on private
landowners.''.
SEC. 7. EXPEDITIOUS CONSIDERATION OF INCIDENTAL TAKE PERMIT
APPLICATIONS.
Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end
the following:
``(3) The Secretary shall approve or disapprove an application for
an incidental take permit under paragraph (1)(B) by not later than 90
days after the date the Secretary receives the application.
``(4)(A) If the Secretary disapproves an application for an
incidental take permit under paragraph (1)(B), the Secretary shall
provide the applicant notice in writing the specific reasons the
application was not approved and measures that, if included in the
amended application, would result in approval of the application.
``(B) If within 30 days after the date on which such notice is
provided the applicant submits an amended application that adequately
addresses the reasons for disapproval that are specified in the notice,
the Secretary shall promptly issue the permit.
``(5) The Secretary may not charge any fee for processing a permit
under paragraph (1)(B) in an amount that exceeds the incremental cost
to the United States of processing the permit.''. | Endangered Species Fair Regulatory Process Reform Act - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior, upon publication of a proposed rule determining that a species is endangered or threatened, to make public all information on which the determination is based, including information that does not support such determination (with certain Federal disclosure exceptions). Requires an independent scientific peer review before implementing a finding that any species is endangered or threatened, or that any species currently listed in such manner should be removed. Prohibits the Secretary from making any such determination unless it is supported by data obtained by species observation in the field.Directs the Secretary to make such determinations and revisions by a rule made on the record after opportunity for an agency hearing.Prohibits the Secretary from adding to or removing a species from such lists unless such action is supported by substantial evidence.Requires the Secretary to prepare and publish with a final rule an analysis of the economic impact of such rule.Prohibits the Secretary from releasing any experimental population on or affecting private property except by a rulemaking.Requires the Secretary to approve or disapprove an application for an incidental take permit within 90 days. | To amend the Endangered Species Act of 1973 to reform the regulatory process under that Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Christen O'Donnell Equestrian Helmet
Safety Act of 2004''.
SEC. 2. GRANTS REGARDING USE OF SAFE EQUESTRIAN HELMETS.
(a) Authority To Award Grants.--The Secretary of Commerce may award
grants to States, political subdivisions of States, Indian tribes,
tribal organizations, public organizations, and private nonprofit
organizations for activities that encourage individuals to wear
approved equestrian helmets.
(b) Application.--A State, political subdivisions of States, Indian
tribes, tribal organizations, public organizations, and private
nonprofit organizations seeking a grant under this section shall submit
to the Secretary an application for the grant, in such form and
containing such information as the Secretary may require.
(c) Review Before Award.--
(1) Review.--The Secretary shall review each application
for a grant under this section in order to ensure that the
applicant for the grant will use the grant for the purposes
described in section 3.
(2) Scope of programs.--In reviewing applications for
grants, the Secretary shall permit applicants wide discretion
in designing programs that effectively promote increased use of
approved equestrian helmets.
SEC. 3. PURPOSES OF GRANTS.
A grant under section 2 may be used by a grantee to--
(1) encourage individuals to wear approved equestrian
helmets;
(2) provide assistance to individuals who may not be able
to afford approved equestrian helmets to enable such
individuals to acquire such helmets;
(3) educate individuals and their families on the
importance of wearing approved equestrian helmets in a proper
manner in order to improve equestrian safety; or
(4) carry out any combination of activities described in
paragraphs (1), (2), and (3).
SEC. 4. REPORT TO CONGRESS.
(a) Requirement.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Commerce shall submit to the appropriate
committees of Congress a report on the effectiveness of grants awarded
under section 2.
(b) Contents of Report.--The report shall include a list of grant
recipients, a summary of the types of programs implemented by the grant
recipients, and any recommendations that the Secretary considers
appropriate regarding modification or extension of the authority under
section 2.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Commerce, Science, and Transportation,
and the Committee on Health, Education, Labor, and Pensions of
the Senate; and
(2) the Committee on Energy and Commerce of the House of
Representatives.
SEC. 5. STANDARDS.
(a) In General.--Every equestrian helmet manufactured on or after
the date that is 9 months after the date of enactment of this Act shall
meet--
(1) the interim standard specified in subsection (b),
pending the establishment of a final standard pursuant to
subsection (c); and
(2) the final standard, once that standard has been
established under subsection (c).
(b) Interim Standard.--The interim standard for equestrian helmets
is the American Society for Testing and Materials (ASTM) standard
designated as F 1163.
(c) Final Standard.--
(1) Requirement.--Not later than 60 days after the date of
enactment of this Act, the Consumer Product Safety Commission
shall begin a proceeding under section 553 of title 5, United
States Code, to--
(A) establish a final standard for equestrian
helmets that incorporates all the requirements of the
interim standard specified in subsection (b);
(B) provide in the final standard a mandate that
all approved equestrian helmets be certified to the
requirements promulgated under the final standard by an
organization that is accredited to certify personal
protection equipment in accordance with ISO Guide 65;
and
(C) include in the final standard any additional
provisions that the Commission considers appropriate.
(2) Inapplicability of certain laws.--Sections 7, 9, and
30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058,
and 2079(d)) shall not apply to the proceeding under this
subsection, and section 11 of such Act (15 U.S.C. 2060) shall
not apply with respect to any standard issued under such
proceeding.
(3) Effective date.--The final standard shall take effect
not later than 1 year after the date it is issued.
(d) Failure To Meet Standards.--
(1) Failure to meet interim standard.--Until the final
standard takes effect, an equestrian helmet that does not meet
the interim standard, required under subsection (a)(1), shall
be considered in violation of a consumer product safety
standard promulgated under the Consumer Product Safety Act.
(2) Status of final standard.--The final standard developed
under subsection (c) shall be considered a consumer product
safety standard promulgated under the Consumer Product Safety
Act.
SEC. 6. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of Commerce.--There is authorized to be appropriated
to the Department of Commerce to carry out section 2, $100,000 for each
of fiscal years 2005, 2006, and 2007.
(b) Consumer Product Safety Commission.--There is authorized to be
appropriated to the Consumer Product Safety Commission to carry out
activities under section 5, $500,000 for fiscal year 2005, which amount
shall remain available until expended.
SEC. 7. DEFINITIONS.
In this Act:
(1) Approved equestrian helmet.--The term ``approved
equestrian helmet'' means an equestrian helmet that meets--
(A) the interim standard specified in section 5(b),
pending establishment of a final standard under section
5(c); and
(B) the final standard, once it is effective under
section 5(c).
(2) Equestrian helmet.--The term ``equestrian helmet''
means a hard shell head covering intended to be worn while
participating in an equestrian event or activity. | Christen O'Donnell Equestrian Helmet Safety Act of 2004 - Authorizes the Secretary of Commerce to award grants to States, political subdivisions, Indian tribes and organizations, public organizations, and private nonprofit organizations for activities that encourage individuals to wear approved equestrian helmets.
Requires the Secretary to report to the appropriate congressional committees on the effectiveness of such grants.
Establishes an interim standard for equestrian helmets manufactured nine months after enactment of this Act pending establishment of a final standard.
Directs the Consumer Product Safety Commission to begin rulemaking proceedings for development of a final standard. Excludes such proceedings from specified laws governing the Commission's reliance on voluntary standards, the development of consumer product safety rules, and the Commission's regulation of consumer products in accordance with other laws. Prohibits application of judicial review provisions to any standard issued pursuant to such proceedings.
Requires any failure to meet the interim standard to be treated as a violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Requires any final standard to be considered a CPSA consumer product safety standard. | A bill to encourage and ensure the use of safe equestrian helmets, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonprofit Athletic Organization
Protection Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Amateur Sports and education-based athletics are an
important part of our culture. Sports provide a tremendous
opportunity for the youth of America to learn the skills of
leadership, teamwork, and discipline. Studies have shown that
participation in these activities is directly connected to
academic achievement and overall social development.
(2) Amateur athletics are integral to the good health and
overall well-being of American society. Nonprofit organizations
put forward their best efforts to enact rules that are in the
best interests of young people. Injuries will occur as a result
of the inherent risks involved in sports. These risks, however,
should not work to the detriment of the greater good served by
amateur athletics.
(3) Young people who participate in school sports and other
amateur competition have lower levels of obesity.
(4) Young people who participate in sports tend to be
fitter adults, and suffer fewer health problems as they age.
(5) Playing rules in amateur sports are necessary to
provide the opportunity for young people to participate in age-
and skill level-appropriate competition.
(6) Sport involves intense physical activity. It also
involves a certain element of danger. Rules making is
anticipatory, and it involves tradeoffs and balancing acts.
Rules makers must draw unambiguous lines; they do not have the
luxury of self-protective vagueness. Given the large number of
participants and the risks inherent in sport, injuries cannot
be avoided. By deciding to partake in competition, athletes
assume such risks. Allowing lawsuits based merely on the good
faith development of the rules is wrong and unfair.
(7) Rules makers have been the target of an increasing
number of lawsuits claiming negligence due to the adoption, or
failure to adopt, particular rules for amateur sports.
(8) Repeatedly defending claims will have a detrimental
impact on the ability of rules makers to continue to provide
these services, and will discourage the best and brightest
coaches, officials, and administrators from serving on rules
committees.
SEC. 3. DEFINITIONS.
In this Act:
(1) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic loss.--The term ``noneconomic loss'' means
any loss resulting from physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code; or
(B) any not-for-profit organization which is
organized and conducted for public benefit and operated
primarily for charitable, civic, educational,
religious, welfare, or health purposes.
(5) Nonprofit athletic organization.--The term ``nonprofit
athletic organization'' means a nonprofit organization that has
as one of its primary functions the adoption of rules for
sanctioned or approved athletic competitions and practices. The
term includes the employees, agents, and volunteers of such
organization, provided such individuals are acting within the
scope of their duties with the nonprofit athletic organization.
(6) State.--The term ``State'' includes the District of
Columbia, and any commonwealth, territory, or possession of the
United States.
SEC. 4. LIMITATION ON LIABILITY FOR NONPROFIT ATHLETIC ORGANIZATIONS.
(a) Liability Protection for Nonprofit Athletic Organizations.--
Except as provided in subsections (b) and (c), a nonprofit athletic
organization shall not be liable for harm caused by an act or omission
of the nonprofit athletic organization in the adoption of rules for
sanctioned or approved athletic competitions or practices if--
(1) the nonprofit athletic organization was acting within
the scope of the organization's duties at the time of the
adoption of the rules at issue;
(2) the nonprofit athletic organization was, if required,
properly licensed, certified, or authorized by the appropriate
authorities for the competition or practice in the State in
which the harm occurred or where the competition or practice
was undertaken; and
(3) the harm was not caused by willful or criminal
misconduct, gross negligence, or reckless misconduct on the
part of the nonprofit athletic organization.
(b) Responsibility of Employees, Agents, and Volunteers to
Nonprofit Athletic Organizations.--Nothing in this section shall be
construed to affect any civil action brought by any nonprofit athletic
organization against any employee, agent, or volunteer of such
organization.
(c) Exceptions to Nonprofit Athletic Organization Liability
Protection.--If the laws of a State limit nonprofit athletic
organization liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
(1) A State law that requires a nonprofit athletic
organization to adhere to risk management procedures, including
mandatory training of its employees, agents, or volunteers.
(2) A State law that makes the nonprofit athletic
organization liable for the acts or omissions of its employees,
agents, and volunteers to the same extent as an employer is
liable for the acts or omissions of its employees.
(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
(d) Nonapplicability to Certain Claims.--The limitation on
liability provided by subsection (a) does not apply to an action or
claim arising out of a Federal, State, or local antitrust, labor,
environmental, defamation, tortious interference of contract law, or
civil rights law, or any other Federal, State, or local law providing
protection from discrimination.
SEC. 5. PREEMPTION.
This Act preempts the laws of any State to the extent that such
laws are inconsistent with this Act, except that this Act shall not
preempt any State law that provides additional protection from
liability relating to the rule-making activities of nonprofit athletic
organizations.
SEC. 6. EFFECTIVE DATE.
(a) In General.--This Act shall take effect on the date of
enactment of this Act.
(b) Application.--This Act applies to any claim for harm caused by
an act or omission of a nonprofit athletic organization that is filed
on or after the effective date of this Act but only if the harm that is
the subject of the claim or the conduct that caused the harm occurred
on or after such effective date. | Nonprofit Athletic Organization Protection Act of 2004 - Exempts a nonprofit athletic organization from liability for harm caused by an act or omission in the adoption of rules for sanctioned or approved athletic competitions or practices if: (1) the organization was acting within the scope of its duties; (2) the organization was properly licensed, certified, or authorized for the competition or practice; and (3) the harm was not caused by the organization's willful or criminal misconduct, gross negligence, or reckless misconduct.
Allows exceptions to such protection where State law: (1) requires such an organization to adhere to risk management procedures, including mandatory training; (2) makes the organization liable for the acts or omissions of its employees, agents, and volunteers to the same extent as an employer is liable for its employees; and (3) makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government. | A bill to provide immunity for nonprofit athletic organizations in lawsuits arising from claims of ordinary negligence relating to passage or adoption of rules for athletic competitions and practices. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Audio Broadcast Flag Licensing Act
of 2006''.
SEC. 2. LICENSING OF DEVICES FOR OVER-THE-AIR AND SATELLITE DIGITAL
AUDIO BROADCASTING.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following new section:
``SEC. 342. GRANT OF LIMITED AUTHORITY REGARDING THE LICENSING OF
DEVICES FOR OVER-THE-AIR AND SATELLITE DIGITAL AUDIO
BROADCASTING.
``(a) Grant of Authority.--The Commission has authority--
``(1) to require and enforce, subject to subsections (b)
and (c), in conjunction with the in-band, on-channel technical
standard for digital audio broadcast transmissions under
consideration in MM Docket No. 99-235, or any successor
regulations, that--
``(A) all technologies necessary to make
transmission and reception devices compliant with such
technical standard are licensed on reasonable and
nondiscriminatory terms;
``(B) such licenses shall include prohibitions
against unauthorized copying and redistribution of
transmitted content through the use of a broadcast flag
or similar technology, in a manner generally consistent
with the purposes of other applicable law; and
``(C) licensees of the Commission providing digital
audio broadcast service shall give effect to and comply
with such prohibitions; and
``(2) to require and enforce, subject to subsections (b)
and (c), as part of its regulation of satellite digital audio
radio services (SDARS) pursuant to part 25 of the Commission
rules, or any successor regulations, that--
``(A) all technologies necessary to make
transmission and reception devices capable of receiving
satellite digital audio radio transmissions are
licensed on reasonable and nondiscriminatory terms;
``(B) such licenses shall include prohibitions
against unauthorized copying and redistribution of
transmitted content through the use of a broadcast flag
or similar technology, in a manner generally consistent
with the purposes of other applicable law; and
``(C) licensees of the Commission providing
satellite digital audio radio services shall give
effect to and comply with such prohibitions.
``(b) Disclosure.--Any rules and regulations promulgated pursuant
to subsection (a) that apply to the use of transmissions, or content
therein, shall require the full disclosure of any information required
to enable the manufacture of compliant devices.
``(c) Limitations on Regulations.--The adoption of any digital
audio regulations pursuant to this section--
``(1) shall not delay the adoption of final operational
rules for digital audio broadcasting;
``(2) shall not make obsolete any devices already
manufactured and distributed in the marketplace before the
implementation of such regulations; and
``(3) shall not be inconsistent with the customary use of
broadcast content by consumers to the extent such use is
consistent with the purposes of this act and other applicable
law.
``(d) Revisions Permitted.--The Commission may reconsider, amend,
repeal, supplement, and otherwise modify, in whole or in part, any
regulations adopted pursuant to subsection (a) in order to further the
purposes of this section, except that any change in such regulations
shall employ a broadcast flag or similar technology as the means to
achieve those purposes.
``(e) Activities of Performing Rights and Mechanical Rights
Organizations.--Nothing shall preclude or prevent a performing rights
organization or a mechanical rights organization, or any entity owned
in whole or in part by, or acting on behalf of, such organizations,
from monitoring public performances or other uses of copyrighted works
contained in such transmissions. The Commission may require that any
such organization or entity be given a license on either a gratuitous
basis or for a de minimus fee to cover only the reasonable costs to the
licensor of providing the license, and on reasonable, non-
discriminatory terms, to access and retransmit as necessary any content
contained in such transmissions protected by content protection or
similar technologies, provided that such licenses are for purposes of
carrying out the activities of such organizations or entities in
monitoring the public performance or other uses of copyrighted works
and that such organizations or entities employ reasonable methods to
protect any such content accessed from further distribution.''. | Audio Broadcast Flag Licensing Act of 2006 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to require and enforce, in conjunction with the in-band, on-channel technical standard for digital audio broadcast transmissions under consideration, that: (1) all technologies necessary to make transmission and reception devices compliant with such standard are licensed on reasonable and nondiscriminatory terms; (2) such licenses include prohibitions against unauthorized copying and redistribution of transmitted content through the use of a broadcast flag or similar technology; and (3) FCC licensees providing digital audio broadcast service comply with such prohibitions. Mandates the same requirements with respect to FCC regulation of satellite digital audio radio services (SDARS) pursuant to FCC rules. Provides limitations with respect to the adoption of any digital audio regulations. | To authorize the Federal Communications Commission to impose licensing conditions on digital audio radio to protect against the unauthorized distribution of transmitted content. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Menopause Outreach, Research, and
Education Act of 1995''.
SEC. 2. PROGRAM REGARDING WOMEN'S MIDLIFE HEALTH CARE.
Section 445H of the Public Health Service Act (42 U.S.C. 285e-10),
as added by section 8902 of Public Law 103-43 (107 Stat. 163), is
amended to read as follows:
menopause and other aging processes regarding women; research centers
``Sec. 4455H. (a) The Director of the Institute, in addition to
other special functions specified in section 444 and in cooperation
with the Directors of the other national research institutes and
agencies of the National Institutes of Health, shall conduct and
support research into--
``(1) the aging processes of women, with particular
emphasis given to the effects of menopause and the
physiological and behavioral changes occurring during the
transition from premenopause to postmenopause; and
``(2) the diagnosis, disorders, and complications related
to aging and loss of ovarian hormones in women.
``(b)(1) The Director of the Institute, after consultation with the
industry with the advisory council for the Institute, shall provide for
the development of expansion of not less than 5 centers for--
``(A) research on menopause; and
``(B) research on conditions arising from the diminished or
complete cessation of the functioning of the ovaries, whether
occurring naturally or otherwise (which conditions are in this
subsection referred to as `menopausal health conditions').
``(2) Each center assisted under this subsection shall--
``(A) use the facilities of a single institution or a
consortium of cooperating institutions, and meet such
qualifications as may be prescribed by the Director of the
Institute;
``(B) conduct basic and clinical research into the natural
history of menopause in order to improve the state of medical
knowledge or methods regarding the cause, diagnosis, early
detection, prevention, control, and treatment of menopausal
health conditions;
``(C) develop multidisciplinary models of health care
regarding menopause and menopausal health conditions;
``(D) conduct educational and training programs on
menopause and menopausal health conditions for physicians,
scientists, and other health and allied health professionals;
``(E) conduct information and continuing education programs
for physicians and other health and allied health professionals
who provide care for patients with such conditions; and
``(F) conduct programs for the dissemination to the general
public of information on menopause and menopausal health
conditions.
``(3) In carrying out paragraph (2)(B), the Director of the
Institute shall ensure that centers assisted under this subsection--
``(A) conduct research on hormonal treatments for
menopausal health conditions, research on nonhormonal
treatments of symptoms arising from such conditions, and
research on the relationship between such conditions and
cardiovascular disease, osteoporosis, bone fractures, bladder
conditions, breast and uterine cancers, and other conditions
that research indicates may be relevant; and
``(B) conduct research to determine whether and to what
extent differences may exist, with respect to menopause and
menopausal health conditions, among various socioeconomic
groups, ethnic groups, and racial groups.
``(4) In carrying out paragraph (1), the Director of the Institute,
in consultation with the Director of NIH and the Administrator for
Health Care Policy and Research, shall establish a program to develop
protocols for the prevention and treatment of menopausal health
conditions and other conditions regarding women's midlife health.
``(5) A center may use funds provided under paragraph (1) to
provide stipends for health professionals enrolled in educational or
training programs described in paragraph (2)(D).
``(6) The Director shall ensure that the activities of centers
assisted under this subsection are coordinated among the centers.
``(7) The Director of the Institute shall, to the extent
practicable, provide for an equitable geographical distribution of
centers assisted under this subsection.
``(8) Support of a center under this subsection may be for a period
of not to exceed five years. Such period may be extended by the
Director of the Institute for one or more additional periods of not
more than five years if the operations of such center have been
reviewed by an appropriate technical and scientific peer review group
established by the Director and if such group has recommended to the
Director that such period should be extended.''. | Menopause Outreach, Research, and Education Act of 1995 - Amends the Public Health Service Act to require the Director of the National Institute on Aging to provide for the expansion of at least five centers for research on: (1) menopause; and (2) conditions arising from the diminishing or cessation of the functioning of the ovaries, whether occurring naturally or otherwise. Outlines research activities to be performed at each center. Requires the Director to establish a program to develop protocols for the prevention and treatment of menopausal health conditions and other conditions regarding women's midlife health. Requires the Director to provide for an equitable geographical distribution of such centers. Requires each center to be supported for at least five years, with possible renewal after review and recommendation by an appropriate technical and scientific peer review group established by the Director. | Menopause Outreach, Research, and Education Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helium Act of 1994''.
SEC. 2. AMENDMENT OF HELIUM ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Helium Act (50 U.S.C.
167 to 167n).
SEC. 3. AUTHORITY OF SECRETARY.
Sections 3, 4, and 5 are amended to read as follows:
``SEC. 3. AUTHORITY OF SECRETARY.
``(a) Extraction and Disposal of Helium on Federal Lands.--(1) The
Secretary may enter into agreements with private parties for the
recovery and disposal of helium on Federal lands upon such terms and
conditions as he deems fair, reasonable and necessary. The Secretary
may grant leasehold rights to any such helium. The Secretary may not
enter into any agreement by which the Secretary sells such helium other
than to a private party with whom the Secretary has an agreement for
recovery and disposal of helium. Such agreements may be subject to such
rules and regulations as may be prescribed by the Secretary.
``(2) Any agreement under this subsection shall be subject to the
existing rights of any affected Federal oil and gas lessee. Each such
agreement (and any extension or renewal thereof) shall contain such
terms and conditions as deemed appropriate by the Secretary.
``(3) This subsection shall not in any manner affect or diminish
the rights and obligations of the Secretary and private parties under
agreements to dispose of helium produced from Federal lands in
existence at the enactment of the Helium Act of 1994 except to the
extent that such agreements are renewed or extended after such date.
``(b) Storage, Transportation and Sale.--The Secretary is
authorized to store, transport, and sell helium only in accordance with
this Act.
``(c) Monitoring and Reporting.--The Secretary is authorized to
monitor helium production and helium reserves in the United States and
to periodically prepare reports regarding the amounts of helium
produced and the quantity of crude helium in storage in the United
States.
``SEC. 4. STORAGE AND TRANSPORTATION OF CRUDE HELIUM.
``(a) Storage and Transportation.--The Secretary is authorized to
store and transport crude helium and to maintain and operate existing
crude helium storage at the Bureau of Mines Cliffside Field, together
with related helium transportation and withdrawal facilities.
``(b) Cessation of Production, Refining, and Marketing.--Effective
one year after the date of enactment of the Helium Act of 1994, the
Secretary shall cease producing, refining and marketing refined helium
and shall cease carrying out all other activities relating to helium
which the Secretary was authorized to carry out under this Act before
the date of enactment of the Helium Act of 1994, except those
activities described in subsection (a).
``(c) Disposal of Facilities.--(1) Within one year after the date
of enactment of the Helium Act of 1994, the Secretary shall dispose of
all facilities, equipment, and other real and personal property,
together with all interests therein, held by the United States for the
purpose of producing, refining and marketing refined helium. The
disposal of such property shall be in accordance with the provisions of
law governing the disposal of excess or surplus properties of the
United States.
``(2) All proceeds accruing to the United States by reason of the
sale or other disposal of such property shall be treated as moneys
received under this chapter for purposes of section 6(f). All costs
associated with such sale and disposal (including costs associated with
termination of personnel) and with the cessation of activities under
subsection (b) shall be paid from amounts available in the helium
production fund established under section 6(f).
``(3) Paragraph (1) shall not apply to any facilities, equipment,
or other real or personal property, or any interest therein, necessary
for the storage and transportation of crude helium.
``(d) Existing Contracts.--All contracts which were entered into by
any person with the Secretary for the purchase by such person from the
Secretary of refined helium and which are in effect on the date of the
enactment of the Helium Act of 1994 shall remain in force and effect
until the date on which the facilities referred to in subsection (c)
are disposed of. Any costs associated with the termination of such
contracts shall be paid from the helium production fund established
under section 6(f).
``SEC. 5. FEES FOR STORAGE, TRANSPORTATION AND WITHDRAWAL.
``Whenever the Secretary provides helium storage, withdrawal, or
transportation services to any person, the Secretary is authorized and
directed to impose fees on such person to reimburse the Secretary for
the full costs of providing such storage, transportation, and
withdrawal. All such fees received by the Secretary shall be treated as
moneys received under this Act for purposes of section 6(f).''.
SEC. 4. SALE OF CRUDE HELIUM.
Section 6 is amended as follows:
(1) Subsection (a) is amended by striking out ``from the
Secretary'' and inserting ``from persons who have entered into
enforceable contracts to purchase an equivalent amount of crude
helium from the Secretary''.
(2) Subsection (b) is amended by inserting ``crude'' before
``helium'' and by adding the following at the end thereof:
``Except as may be required by reason of subsection (a), sales
of crude helium under this section shall be in amounts as the
Secretary determines, in consultation with the helium industry,
necessary to carry out this subsection with minimum market
disruption.
(3) Subsection (c) is amended by inserting ``crude'' before
``helium'' after the words ``Sales of'' and by striking
``together with interest as provided in subsection'' and all
that follows down through the period at the end of such
subsection and inserting the following:
``all funds required to be repaid to the United States as of October 1,
1993 under this section (hereinafter referred to as `repayable
amounts'). The price at which crude helium is sold by the Secretary
shall not be less than the amount determined by the Secretary as
follows:
``(1) Divide the outstanding amount of such repayable
amounts by the volume (in mcf) of crude helium owned by the
United States and stored in the Bureau of Mines Cliffside Field
at the time of the sale concerned.
``(2) Adjust the amount determined under paragraph (1) by
the Consumer Price Index for years beginning after December 31,
1993.''.
(4) Subsection (d) is amended to read as follows:
``(d) Extraction of Helium From Deposits on Federal Lands.--All
moneys received by the Secretary from the sale or disposition of helium
on Federal lands shall be paid to the Treasury and credited against the
amounts required to be repaid to the Treasury under subsection (c) of
this section.''.
(5) Subsection (e) is repealed.
(6) Subsection (f) is amended by inserting ``(1)'' after
``(f)'' and by adding the following at the end thereof:
``(2) Within 7 days after the commencement of each fiscal year
after the disposal of the facilities referred to in section 4(c), all
amounts in such fund in excess of $2,000,000 (or such lesser sum as the
Secretary deems necessary to carry out this Act during such fiscal
year) shall be paid to the Treasury and credited as provided in
paragraph (1). Upon repayment of all amounts referred to in subsection
(c), the fund established under this section shall be terminated and
all moneys received under this Act shall be deposited in the Treasury
as General Revenues.''.
SEC. 5. ELIMINATION OF STOCKPILE.
Section 8 is amended to read as follows:
``SEC. 8. ELIMINATION OF STOCKPILE.
``(a) Review of Reserves.--The Secretary shall review annually the
known helium reserves in the United States and make a determination as
to the expected life of the domestic helium reserves (other than
federally owned helium stored at the Cliffside Reservoir) at that time.
``(b) Stockpile Sales.--Not later than January 1, 2004, the
Secretary shall commence making sales of crude helium from helium
reserves owned by the United States in such amounts as may be necessary
to dispose of all such helium reserves in excess of 600 million cubic
feet (mcf) by January 1, 2014. The sales shall be at such times and in
such lots as the Secretary determines, in consultation with the helium
industry, to be necessary to carry out this subsection with minimum
market disruption. The price for all such sales, as determined by the
Secretary in consultation with the helium industry, shall be such as
will ensure repayment of the amounts required to be repaid to the
Treasury under section 6(c).
``(c) Discovery of Additional Reserves.--The discovery of
additional helium reserves shall not affect the duty of the Secretary
to make sales of helium as provided in subsection (b), as the case may
be.''.
SEC. 6. REPEAL OF AUTHORITY TO BORROW.
Sections 12 and 15 are repealed. | Helium Act of 1994 - Amends the Helium Act to authorize the Secretary of the Interior to: (1) enter into agreements with private parties for the recovery and disposal of helium on Federal lands; (2) grant leasehold rights to such helium; (3) store and transport crude helium; and (4) maintain and operate existing crude helium storage at the Bureau of Mines Cliffside Field.
Directs the Secretary to: (1) cease producing, refining, and marketing refined helium; and (2) dispose of all facilities, equipment, and Federal property interests relating to refined helium activities.
Requires the Secretary to impose fees for helium storage, withdrawal, or transportation services.
Prescribes guidelines for: (1) the purchase of helium by Federal agencies from certain private persons; and (2) the sale of crude helium by the Secretary. States that such sales shall be in amounts as determined by the Secretary, in consultation with the helium industry, to cause minimum market disruption. Mandates that proceeds from helium sales be paid to the Treasury.
Instructs the Secretary to: (1) review annually known domestic helium reserves; and (2) eliminate helium stockpiles by a prescribed deadline. Repeals the Secretary's authority to borrow under the Helium Act. | Helium Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National White Collar Crime Control
Act of 2017''.
SEC. 2. PREVENTION, INVESTIGATION, AND PROSECUTION OF ECONOMIC, HIGH
TECHNOLOGY, INTERNET, AND OTHER WHITE COLLAR CRIME.
Section 401 of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (42 U.S.C. 3713a) is amended by
striking subsection (b) and inserting the following:
``(b) Grants.--
``(1) Authorization.--The Director of the Bureau of Justice
Assistance is authorized to enter into a cooperative agreement
with or make a grant to an eligible entity for the purpose of
improving the identification, investigation, and prosecution of
white collar crime (including each category of such crimes set
forth in subparagraphs (A) through (C) of paragraph (2)) by
providing comprehensive, direct, and practical training and
technical assistance to law enforcement officers,
investigators, auditors and prosecutors in States and units of
local government.
``(2) White collar crime defined.--For purposes of this
subsection, the term `white collar crime' includes--
``(A) high-tech crime, including cyber and
electronic crime and related threats;
``(B) economic crime, including financial fraud and
mortgage fraud; and
``(C) Internet-based crime against children and
child pornography.
``(3) Purposes.--The purposes of this subsection include
the following:
``(A) To ensure that training is available for
State, local, tribal and territorial law enforcement
agencies and officers nationwide to support local
efforts to identify, prevent, investigate, and
prosecute cyber and financial crimes, including those
crimes facilitated via computer networks and other
electronic means, and crimes involving financial and
economic impacts such as intellectual property crimes.
``(B) To deliver training to State, local, tribal,
and territorial law enforcement officers, and other
criminal justice professionals concerning the use of
proven methodologies to--
``(i) prevent, detect, and respond to white
collar crimes;
``(ii) recognize emerging issues;
``(iii) manage electronic and financial
crime evidence; and
``(iv) improve local criminal justice
agency responses to such threats.
``(C) To provide operational and technical
assistance and training concerning tools, products,
resources, guidelines, and procedures to--
``(i) aid and enhance criminal intelligence
analysis; and
``(ii) conduct white collar crime
investigations and related justice information
sharing at the local and State levels.
``(D) To provide appropriate training on
protections for privacy, civil rights, and civil
liberties in the conduct of criminal intelligence
analysis and cyber and electronic crime and financial
crime investigations, including in the development of
policies, guidelines, and procedures by State, local,
tribal, and territorial law enforcement agencies to
protect and enhance privacy, civil rights, and civil
liberties protections and identify weaknesses and gaps
in the protection of privacy, civil rights, and civil
liberties.
``(4) Authorized programs.--A grant or cooperative
agreement awarded under this subsection may be made only for
the following programs, with respect to the prevention,
investigation, and prosecution of certain criminal activities:
``(A) Programs to provide a nationwide support
system for State and local criminal justice agencies.
``(B) Programs to assist State and local criminal
justice agencies to develop, establish, and maintain
intelligence-focused policing strategies and related
information sharing.
``(C) Programs to provide training and
investigative support services to State and local
criminal justice agencies to provide such agencies with
skills and resources needed to investigate and
prosecute white collar criminal activities and related
criminal activities.
``(D) Programs to provide research support, to
establish partnerships, and to provide other resources
to aid State and local criminal justice agencies to
prevent, investigate, and prosecute white collar
criminal activities and related problems.
``(E) Programs to provide information and research
to the general public to facilitate the prevention of
white collar criminal activities.
``(F) Programs to establish or support national
training and research centers regionally to provide
training and research services for State and local
criminal justice agencies.
``(G) Programs to provide training and oversight to
State and local criminal justice agencies to develop
and comply with applicable privacy, civil rights, and
civil liberties related policies, procedures, rules,
laws, and guidelines.
``(H) Any other programs specified by the Attorney
General as furthering the purposes of this subsection.
``(5) Application.--To be eligible for an award of a grant
or cooperative agreement under this subsection, an entity shall
submit to the Director of the Bureau of Justice Assistance an
application in such form and manner, and containing such
information, as required by the Director of the Bureau of
Justice Assistance.
``(6) Eligibility.--States, units of local government, not-
for-profit entities, and institutions of higher education with
demonstrated capacity and experience in delivering training,
technical assistance and other resources including direct,
practical laboratory training to law enforcement officers,
investigators, auditors and prosecutors in States and units of
local government and over the Internet shall be eligible to
receive an award under this subsection.
``(7) Rules and regulations.--The Director of the Bureau of
Justice Assistance shall promulgate such rules and regulations
as are necessary to carry out this subsection, including rules
and regulations for submitting and reviewing applications under
paragraph (5).
``(8) Authorization of appropriations.--There are
authorized to be appropriated $13,000,000 for each of fiscal
years 2018 through 2022 to carry out this subsection.
``(c) Accountability.--All grants awarded by the Director of the
Bureau of Justice Assistance under this section shall be subject to the
following accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months from the date when the final audit report is
issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this
subsection, and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this
section to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this section that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this section during the first
2 fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
section, the Director of the Bureau of Justice
Assistance shall give priority to eligible applicants
that did not have an unresolved audit finding during
the 3 fiscal years before submitting an application for
a grant under this section.
``(E) Reimbursement.--If an entity is awarded grant
funds under this section during the 2-fiscal-year
period during which the entity is barred from receiving
grants under subparagraph (C), the Director of the
Bureau of Justice Assistance shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant programs under this part, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(B) Prohibition.--The Director of the Bureau of
Justice Assistance may not award a grant under this
section to a nonprofit organization that holds money in
offshore accounts for the purpose of avoiding paying
the tax described in section 511(a) of the Internal
Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this section and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the Director of the
Bureau of Justice Assistance, in the application for
the grant, the process for determining such
compensation, including the independent persons
involved in reviewing and approving such compensation,
the comparability data used, and contemporaneous
substantiation of the deliberation and decision. Upon
request, the Director of the Bureau of Justice
Assistance shall make the information disclosed under
this subparagraph available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by
the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative
agreement under this section, to host or support any
expenditure for conferences that uses more than $20,000
in funds made available by the Department of Justice,
unless the head of the relevant agency or department
provides prior written authorization that the funds may
be expended to host the conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification--
``(A) indicating whether--
``(i) all audits issued by the Office of
the Inspector General under paragraph (1) have
been completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(d) Preventing Duplicative Grants.--
``(1) In general.--Before the Director of the Bureau of
Justice Assistance awards a grant to an applicant under this
section, the Director of the Bureau of Justice Assistance shall
compare potential grant awards with other grants awarded under
this section to determine if duplicate grant awards are awarded
for the same purpose.
``(2) Report.--If the Director of the Bureau of Justice
Assistance awards duplicate grants to the same applicant for
the same purpose the Director of the Bureau of Justice
Assistance shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report that includes--
``(A) a list of all duplicate grants awarded,
including the total dollar amount of any duplicate
grants awarded; and
``(B) the reason the Director of the Bureau of
Justice Assistance awarded the duplicate grants.''. | National White Collar Crime Control Act of 2017 This bill amends the Prioritizing Resources and Organization for Intellectual Property Act of 2008 to authorize the Department of Justice's Bureau of Justice Assistance to enter into a cooperative agreement or make a grant for training and technical assistance to help law enforcement officers, investigators, auditors, and prosecutors identify, investigate, and prosecute white collar crime. White collar crime includes high-tech crime, economic crime, and Internet-based crime against children and child pornography. | National White Collar Crime Control Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Medicaid and SCHIP
Relief Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Disaster period.--
(A) In general.--Subject to subparagraph (B), the
term ``disaster period'' means, with respect to any
State that includes an area for which a major disaster
has been declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) as a result of
Hurricane Katrina, the period beginning on the earliest
date on which any area of the State was so declared and
ending on the earlier of--
(i) the latest date for which any such
declaration of an area of the State terminates;
or
(ii) 6 months after the beginning of such
period.
(B) One-time extension.--The President may extend
the disaster period under subparagraph (A) with respect
to a State for a period of up to 6 months. Any
reference to the term ``disaster period'' in this Act
shall include any extension under this subparagraph.
(2) Katrina survivor.--
(A) In general.--The term ``Katrina Survivor''
means individuals who--
(i) reside in an area for which a major
disaster has been declared in accordance with
401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170)
as a result of Hurricane Katrina; or
(ii) resided in such an area on any day
during the week preceding the date that the
major disaster was declared with respect to
that area.
(B) Treatment of homeless persons.--In the case of
an individual who was homeless within an area described
in subparagraph (A) on any day during the week
preceding the date on which a major disaster for such
area was first declared, the individual's ``residence''
shall be deemed to be the place of residence as
otherwise determined for such an individual under title
XIX or XXI (as the case may be) of the Social Security
Act.
SEC. 3. AUTHORITY TO PROVIDE MEDICAL ASSISTANCE UNDER MEDICAID OR CHILD
HEALTH ASSISTANCE UNDER THE STATE CHILDREN'S HEALTH
INSURANCE PROGRAM TO KATRINA SURVIVORS.
During the disaster period, any State may provide medical
assistance under a State Medicaid plan established under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), without submitting a
State plan amendment, to Katrina Survivors, or, in the case of a
Katrina Survivor who is a child, child health assistance under a State
child health plan under title XXI of such Act (42 U.S.C. 1397aa et
seq.), in accordance with the following:
(1) Uniform eligibility rules.--
(A) No income, resources, residency, or categorical
eligibility requirements.--Such assistance shall be
provided without application of any income or resources
test, State residency, or categorical eligibility
requirements.
(B) Streamlined eligibility procedures.--The State
shall use the following streamlined procedures in
processing applications and determining eligibility for
medical or child health assistance for Katrina
Survivors:
(i) A common 1-page application form that
shall include notice regarding the penalties
for making a fraudulent application under
paragraph (4) and shall require the applicant
to assign to the State any rights of the
applicant (or any other person who is a Katrina
Survivor and on whose behalf the applicant has
the legal authority to execute an assignment of
such rights) under any group health plan or
other third-party coverage for health care.
(ii) Self-attestation by (or in the case of
a child, on behalf of) the applicant that the
applicant is a Katrina Survivor.
(iii) No requirement for documentation
evidencing the basis on which the applicant
qualifies to be a Katrina Survivor.
(iv) Issuance of an eligibility card to an
applicant who completes such application,
including the self-attestation required under
clause (ii). Such card shall be valid during
the disaster period.
(v) If an applicant completes the
application and presents it to a provider or
facility participating in the State Medicaid
plan or the State child health plan that is
qualified to make presumptive eligibility
determinations under such plan (which at a
minimum shall consist of facilities identified
in section 1902(a)(55) of the Social Security
Act (42 U.S.C. 1396a(a)(55)) and it appears to
the provider that the applicant is a Katrina
Survivor based on the information in the
application, the applicant will be deemed to be
a Katrina Survivor eligible for medical or
child health assistance in accordance with this
section, subject to paragraph (3).
(vi) Subject to paragraphs (3) and (4),
continuous eligibility, without the need for
any redetermination of eligibility, for the
duration of the disaster period.
(2) Scope of coverage same as categorically needy or
targeted low-income child.--
(A) In general.--The State shall treat a Katrina
Survivor as an individual eligible for medical
assistance under the State plan under title XIX of the
Social Security Act on the basis of section
1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(i)), or, in the case of a child, as a
targeted low-income child under the State child health
plan under title XXI of such Act (42 U.S.C. 1397aa et
seq.), with coverage for such assistance retroactive to
the earliest date described in section 2(1) that is
applicable to such Survivor.
(B) Reimbursement of items and services that a
provider determines are medically necessary.--The State
shall pay a provider of medical or child health
assistance (including a provider of mental health
services) for an item or service provided by the
provider to a Katrina Survivor which is not within the
scope of coverage applicable to the Survivor under
subparagraph (A) upon a determination by the provider
that the provision of such item or service is medically
necessary for the Survivor (without regard to the
State's standard which would otherwise apply to a
determination of medical necessity).
(3) Verification of status as a katrina survivor.--
(A) In general.--The State shall make a good faith
effort to verify the status of a Katrina Survivor
enrolled in the State Medicaid or child health plan
under the provisions of this section after the
determination of the eligibility of the Survivor for
medical or child health assistance under such plan.
(B) Evidence of verification.--A State may satisfy
the verification requirement under subparagraph (A)
with respect to a Katrina Survivor by showing that the
State providing medical or child assistance obtained
information from the Social Security Administration,
the Internal Revenue Service, or, in the case of a
Katrina Survivor who resided in a State for which a
major disaster has been declared in accordance with 401
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) as a result of
Hurricane Katrina, the State Agency for that State with
responsibility for administering that State's Medicaid
or child health plan.
(C) Disallowance of payments for failure to make
good faith effort.--If, with respect to the status of a
Katrina Survivor enrolled in a State Medicaid or child
health plan, the State fails to make the good faith
effort required under subparagraph (A), and the
Secretary determines that the individual so enrolled is
not a Katrina Survivor, the Secretary shall disallow
all Federal payments made to the State that are
directly attributable to medical or child health
assistance provided or administrative costs incurred
with respect to the individual during the disaster
period.
(4) Penalty for fraudulent applications.--
(A) Individual liable for costs.--If a State, as
the result of verification activities conducted under
paragraph (3), determines that an individual has
knowingly made a false self-attestation described in
paragraph (1)(B)(ii), the State may, subject to
subparagraph (B), seek recovery from the individual for
the full amount of the cost of medical assistance
provided to the individual under this section. The
recovery of such amount shall be in addition to any
other penalties that may be prescribed by law.
(B) Exception.--The Secretary shall exempt a State
from seeking recovery under subparagraph (A) if the
Secretary determines that it would not be cost-
effective for the State to do so.
(C) Reimbursement to the federal government.--Any
amounts recovered by a State in accordance with this
paragraph shall be returned to the Federal Government,
except that a State's administrative costs attributable
to obtaining such recovery shall be reimbursed by the
Federal Government in accordance with section 4.
(5) Exemption from error rate penalties.--All payments
attributable to providing medical assistance to Katrina
Survivors in accordance with this section shall be disregarded
for purposes of section 1903(u) of the Social Security Act (42
U.S.C. 1396b(u)).
SEC. 4. 100 PERCENT FEDERAL FINANCIAL ASSISTANCE FOR MEDICAL AND CHILD
HEALTH ASSISTANCE AND ADMINISTRATIVE COSTS.
Notwithstanding sections 1903(a), 1905(b), and 2105(b) of the
Social Security Act (42 U.S.C. 1396b(a), 1396d(b), 1397ee(b)), the
Federal medical assistance percentage (or the enhanced FMAP, in the
case of section 2105(b) of such Act) for providing medical assistance
under a State Medicaid plan under title XIX of such Act or child health
assistance under a State child health plan to a Katrina Survivor, and
for costs directly attributable to all administrative activities
related to the provision of such assistance, shall be 100 percent
during the disaster period applicable to the area of residence (or
former residence) of such a Survivor.
SEC. 5. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS UNDER
MEDICARE PROGRAM.
(a) Exclusion of Disaster Relief Period in Computing Part B Late
Enrollment Penalty.--In applying the first sentence of section 1839(b)
of the Social Security Act (42 U.S.C. 1395r(b)) in the case of a
Katrina Survivor, there shall not be taken into account any month any
part of which is within the disaster period or within the 2-month
period following the end of such disaster period.
(b) Part D.--
(1) Extension of initial enrollment period.--In the case of
a Katrina Survivor, the initial enrollment period under section
1860D-1(b)(2) of the Social Security Act (42 U.S.C. 1395w-
101(b)(2)) shall in no case end before May 15, 2007.
(2) Flexibility in documentation for low-income
subsidies.--For purposes of carrying out section 1860D-14 of
the Social Security Act (42 U.S.C. 1395w-114), with respect to
Katrina Survivors, the Secretary of Health and Human Services
shall establish documentation rules for Katrina Survivors which
take into account the loss and unavailability of documents due
to Hurricane Katrina.
SEC. 6. GENERAL PROVISIONS.
(a) Authority to Rely on Website Posted Designations.--The
Secretary of Health and Human Services shall post on the Internet
website for the Centers for Medicare & Medicaid Services a list of
areas, including parishes and counties, identified as areas for which a
major disaster has been declared in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) as a result of Hurricane Katrina. Any State which provides
medical or child health assistance to Katrina Survivors on the basis of
such posting and in accordance with this Act shall be held harmless if
it is subsequently determined that the provision of such assistance was
in error.
(b) Emergency Designation.--The preceding provisions of this Act
are hereby designated as emergency requirements pursuant to subsections
(a) and (b) of section 402 of H. Con. Res. 95 (109th Congress). | Hurricane Katrina Medicaid and SCHIP Relief Act of 2005 - Provides that, during the Hurricane Katrina disaster period, any affected state may provide medical assistance, under a state Medicaid plan under title XIX of the Social Security Act (SSA), without submitting a state plan amendment, to an adult Katrina Survivor, or to a child Katrina Survivor, under SSA title XXI (State Child Health Insurance Program) (SCHIP).
Applies to the area of residence (or former residence) of a Katrina Survivor a federal medical assistance percentage (FMAP) during the disaster period of 100% for Medicaid or SCHIP assistance provided, and costs directly attributable to all related administrative activities.
Excludes the disaster relief period in computing the Medicare part B late enrollment penalty.
Extends the initial enrollment period for prescription drug plans under Medicare part D (Voluntary Prescription Drug Benefit Program) to at least May 15, 2007.
Directs the Secretary of Health and Human Services to establish premium and cost-sharing documentation rules for Katrina Survivors which take into account the loss and unavailability of documents due to Hurricane Katrina.
Requires the Secretary to post on the Internet website for the Centers for Medicare and Medicaid Services a list of declared disaster areas, including parishes and counties, resulting from Hurricane Katrina.
Designates the provisions of this Act as emergency requirements exempt from certain budget constraints under H.C. Res. 95 (109th Congress). | A bill to provide 100 percent Federal financial assistance under the Medicaid and State children's health insurance programs for States providing medical or child health assistance to survivors of Hurricane Katrina, to provide for an accommodation of the special needs of such survivors under the medicare program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Ambulance Consumer Protection
Act''.
SEC. 2. ADVISORY COMMITTEE FOR TRANSPARENCY IN AIR AMBULANCE INDUSTRY.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation shall establish an
advisory committee to make recommendations for a rulemaking--
(1) to require air ambulance operators to clearly disclose
charges for air transportation services separately from charges
for non-air transportation services within any invoice or bill;
and
(2) to provide other consumer protections for customers of
air ambulance operators.
(b) Composition of the Advisory Committee.--The advisory committee
shall be composed of the following members:
(1) The Secretary of Transportation.
(2) One representative, to be appointed by the Secretary,
of each of the following:
(A) Each relevant Federal agency, as determined by
the Secretary.
(B) State insurance regulators.
(C) Health insurance providers.
(D) Consumer groups.
(3) Three representatives, to be appointed by the
Secretary, to represent the various segments of the air
ambulance industry.
(c) Recommendations.--The advisory committee shall make
recommendations with respect to each of the following:
(1) Cost-allocation methodologies needed to ensure that
charges for air transportation services are separated from
charges for non-air transportation services.
(2) Cost- or price-allocation methodologies to prevent
commingling of charges for air transportation services and
charges for non-air transportation services in bills and
invoices.
(3) Formats for bills and invoices to ensure that customers
and State insurance regulators can clearly distinguish between
charges for air transportation services and charges for non-air
transportation services.
(4) Data or industry references related to aircraft
operating costs to be used in determining the proper allocation
of charges for air transportation services and charges for non-
air transportation services.
(5) Guidance materials to instruct States, political
subdivisions of States, and political authorities of 2 or more
States on referring to the Secretary allegations of unfair or
deceptive practices or unfair methods of competition by air
ambulance operators.
(6) Protections for customers of air ambulance operators,
after consideration of the circumstances in which the services
of air ambulance operators are used.
(7) Protections of proprietary cost data from inappropriate
public disclosure.
(8) Such other matters as the Secretary determines
necessary or appropriate.
(d) Report.--Not later than 180 days after the date of the first
meeting of the advisory committee, the advisory committee shall submit
to the Secretary, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate a report containing the
recommendations made under subsection (c).
(e) Rulemaking.--Not later than 180 days after the date of receipt
of the report under subsection (d), the Secretary shall consider the
recommendations of the advisory committee and issue a final rule--
(1) to require air ambulance operators to clearly disclose
charges for air transportation services separately from charges
for non-air transportation services within any invoice or bill;
and
(2) to provide other consumer protections for customers of
air ambulance operators.
(f) Definitions.--In this section, the following definitions apply:
(1) Air ambulance operator.--The term ``air ambulance
operator'' means an air carrier operating pursuant to part 135
of title 14, Code of Federal Regulations, that provides
medical, ambulance, or related services.
(2) Non-air transportation services.--The term ``non-air
transportation services'' means those services provided by air
ambulance operators but not other air carriers operating
pursuant to part 135 of title 14, Code of Federal Regulations.
(g) Termination.--The advisory committee shall terminate on the
date of submission of the report under subsection (d).
(h) Nature of Air Ambulance Services.--The non-air transportation
services of air ambulance operators and prices thereof are neither
services nor prices of an air carrier for purposes of section 41713 of
title 49, United States Code.
SEC. 3. AIR AMBULANCE COMPLAINTS.
(a) Consumer Complaints.--Section 42302 of title 49, United States
Code, is amended--
(1) in subsection (a) by inserting ``(including
transportation by air ambulance)'' after ``air
transportation'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, and an air ambulance
operator,'' after ``passenger seats''; and
(ii) by inserting ``or operator'' after
``Internet Web site of the carrier''; and
(B) in paragraph (2) by inserting ``or operator''
after ``mailing address of the air carrier''; and
(3) by striking subsection (c) and inserting the following:
``(c) Notice to Passengers on Boarding or Billing Documentation.--
``(1) Air carriers and foreign air carriers.--An air
carrier or foreign air carrier providing scheduled air
transportation using any aircraft that as originally designed
has a passenger capacity of 30 or more passenger seats shall
include the hotline telephone number established under
subsection (a) on--
``(A) prominently displayed signs of the carrier at
the airport ticket counters in the United States where
the air carrier operates; and
``(B) any electronic confirmation of the purchase
of a passenger ticket for air transportation issued by
the air carrier.
``(2) Air ambulance operators.--An air ambulance operator
shall include the hotline telephone number established under
subsection (a) on any invoice, bill, or other communication
provided to a passenger or customer of the operator.''.
(b) Unfair and Deceptive Practices and Unfair Methods of
Competition.--Section 41712(a) of title 49, United States Code, is
amended--
(1) by inserting ``air ambulance customer,'' after
``foreign air carrier,'' the first place it appears; and
(2) by adding at the end the following: ``In this
subsection, the term `air carrier' includes an air ambulance
operator and the term `air transportation' includes any
transportation provided by an air ambulance.''. | Air Ambulance Consumer Protection Act This bill requires the Department of Transportation (DOT) to establish an advisory committee to make recommendations for a rulemaking to: (1) require air ambulance operators to clearly disclose charges for air transportation services separately from charges for non-air transportation services within any invoice or bill, and (2) provide other consumer protections for customers of air ambulance operators. The bill makes provisions relating to air transportation consumer complaints applicable to air ambulance transportation. It also allows an air ambulance customer to file a complaint requiring DOT to investigate whether air carriers or ticket agents have engaged in unfair or deceptive practices or unfair methods of competition. An air ambulance operator shall include the hotline telephone number established for consumer complaints on any invoice, bill, or other communication provided to a passenger or customer of the operator. | Air Ambulance Consumer Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Compact Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) With the passage of the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.), Congress provided a statutory basis
for the operation of gaming by federally recognized Indian
tribes as a means of promoting tribal economic development,
self-sufficiency, and strong tribal governments.
(2) The Indian Gaming Regulatory Act defines three classes
of gaming, specifying that class III gaming may only be
conducted in States that have authorized gaming and pursuant to
Tribal-State compacts negotiated in good faith through the
government-to-government relationship between federally
recognized Indian tribes and States.
(3) With the passage of Proposition 1A in 2000, the voters
of California amended the State Constitution to authorize the
operation of class III gaming by federally recognized Indian
tribes on Indian lands in California in accordance with Federal
law. Proposition 1A also authorized the Governor of California
to negotiate gaming compacts with such tribes, subject to
ratification by the State legislature.
(4) Under California law, actions by the State legislature,
including the ratification of gaming compacts, are subject to
California's referendum process. Under that process, the State
legislature's ratification of a gaming compact does not go into
effect if California voters qualify a referendum vote on that
compact. If such a referendum is qualified, the Compact only
goes into effect after voter approval of the legislature's
decision.
(5) This referendum process serves as a form of democratic
oversight of the California Governor and State legislature.
(6) In passing the Indian Gaming Regulatory Act, Congress
intended to respect the individual States' authority to
determine their own public policy and to negotiate and conclude
gaming compacts pursuant to each State's laws.
(7) The Tribal-State gaming compact process in California
is undermined if the Secretary of the Interior prescribes
Federal procedures under which class III gaming may be
conducted on the land made eligible for Indian gaming pursuant
to section 20(b)(1)(A) of the Indian Gaming Regulatory Act (25
U.S.C. 2719 (b)(1)(A)), when the compact for gaming on that
land was not ratified by the State Legislature or was rejected
by a constitutionally called referendum.
(8) Congress reaffirms the importance of section
20(b)(1)(A) of the Indian Gaming Regulatory Act (25 U.S.C.
2719(b)(1)(A)), the statutory authority by which federally
recognized Indian tribes can acquire certain gaming lands
eligible for gaming purposes outside of their reservation
boundaries. This section provides State and tribal governments
with the flexibility to locate tribal government gaming
facilities on newly acquired land at the most appropriate
locations. However, Congress did not intend for this section to
allow for tribal gaming facilities on after-acquired lands over
the express objection of the voters of the State.
(9) It is in the interest of the Federal Government,
States, and federally recognized Indian tribes that Congress
require that, in California, off-reservation gaming proposals
be subject to the full ratification and referendum process
established by California State law.
SEC. 3. LIMITATION ON ACTION BY THE DEPARTMENT OF THE INTERIOR ABSENT A
VALID COMPACT.
(a) Prohibition on Certain Class III Gaming.--Section 11(d)(7)(B)
of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(7)(B)) is
amended by inserting after clause (vii) the following:
``(viii) Notwithstanding any other provision of this Act, for any
land in California on which Indian gaming was authorized under (25
U.S.C. 2719(b)(1)(A)) and for which the Legislature of the State of
California did not ratify a proposed class III Tribal-State gaming
compact or for which the electorate of California rejected the approval
of a class III Tribal-State gaming compact through a constitutionally
valid referendum, the Secretary may not--
``(I) prescribe class III gaming procedures;
``(II) approve a class III gaming compact; or
``(III) consider a class III gaming compact to have been
approved by the Secretary, if the Secretary does not approve or
disapprove the compact before the date that is 45 days after
the date on which the compact is submitted.''.
(b) Clarification.--Nothing in this Act or the amendment made by
subsection (a) shall be interpreted to impact the implementation of
authorities under the Act of June 18, 1934 (commonly known as the
``Indian Reorganization Act''), or any other section of the Indian
Gaming Regulatory Act.
(c) Effective Date.--The amendment made by subsection (a) shall be
effective as of April 27, 2016. | California Compact Protection Act This bill amends the Indian Gaming Regulatory Act to prohibit the Department of the Interior from allowing certain gaming on California land for which a proposed gaming compact was not ratified by the state or for which the electorate rejected a gaming compact. | California Compact Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Potential
Creation of a National Museum of American Latino Heritage Act of
2006''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the Commission to Study the
Potential Creation of a National Museum of American Latino Heritage
(hereafter in this Act referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 23 members
appointed not later than 6 months after the date of the enactment of
this Act as follows:
(1) The President shall appoint 7 voting members.
(2) The Speaker of the House of Representatives, the
minority leader of the House of Representatives, the majority
leader of the Senate, and the minority leader of the Senate
shall each appoint 3 voting members.
(3) In addition to the members appointed under paragraph
(2), the Speaker of the House of Representatives, the minority
leader of the House of Representatives, the majority leader of
the Senate, and the minority leader of the Senate shall each
appoint 1 nonvoting member.
(c) Qualifications.--Members of the Commission shall be chosen from
among individuals, or representatives of institutions or entities, who
possess either--
(1) a demonstrated commitment to the research, study, or
promotion of American Latino life, art, history, political or
economic status, or culture, together with--
(A) expertise in museum administration;
(B) expertise in fundraising for nonprofit or
cultural institutions;
(C) experience in the study and teaching of Latino
culture and history at the post-secondary level;
(D) experience in studying the issue of the
Smithsonian Institution's representation of American
Latino art, life, history, and culture; or
(E) extensive experience in public or elected
service; or
(2) experience in the administration of, or the planning
for the establishment of, museums devoted to the study and
promotion of the role of ethnic, racial, or cultural groups in
American history.
SEC. 3. FUNCTIONS OF THE COMMISSION.
(a) Plan of Action for Establishment and Maintenance of Museum.--
The Commission shall submit a report to the President and the Congress
containing its recommendations with respect to a plan of action for the
establishment and maintenance of a National Museum of American Latino
Heritage in Washington, DC (hereafter in this Act referred to as the
``Museum'').
(b) Fundraising Plan.--The Commission shall develop a fundraising
plan for supporting the creation and maintenance of the Museum through
contributions by the American people, and a separate plan on
fundraising by the American Latino community.
(c) Report on Issues.--The Commission shall examine (in
consultation with the Secretary of the Smithsonian Institution), and
submit a report to the President and the Congress on, the following
issues:
(1) The availability and cost of collections to be acquired
and housed in the Museum.
(2) The impact of the Museum on regional Hispanic- and
Latino-related museums.
(3) Possible locations for the Museum in Washington, DC and
its environs, to be considered in consultation with the
National Capital Planning Commission and the Commission of Fine
Arts, the Department of the Interior and Smithsonian
Institution.
(4) Whether the Museum should be located within the
Smithsonian Institution.
(5) The governance and organizational structure from which
the Museum should operate.
(6) How to engage the American Latino community in the
development and design of the Museum.
(7) The cost of constructing, operating, and maintaining
the Museum.
(d) Legislation to Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under subsection (a)
and the report submitted under subsection (c), the Commission shall
submit for consideration to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on House
Administration of the House of Representatives, the Committee on Rules
and Administration of the Senate, the Committee on Resources of the
House of Representatives, the Committee on Energy and Natural Resources
of the Senate, and the Committees on Appropriations of the House of
Representatives and the Senate recommendations for a legislative plan
of action to create and construct the Museum.
(e) National Conference.--In carrying out its functions under this
section, the Commission may convene a national conference on the
Museum, comprised of individuals committed to the advancement of
American Latino life, art, history, and culture, not later than 18
months after the commission members are selected.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Facilities and Support of Department of the Interior.--The
Department of the Interior shall provide from funds appropriated for
this purpose administrative services, facilities, and funds necessary
for the performance of the Commission's functions. These funds shall be
made available prior to any meetings of the Commission.
(b) Compensation.--Each member of the Commission who is not an
officer or employee of the Federal Government may receive compensation
for each day on which the member is engaged in the work of the
Commission, at a daily rate to be determined by the Secretary of the
Interior.
(c) Travel Expenses.--Each member shall be entitled to travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(d) Federal Advisory Committee Act.--The Commission is not subject
to the provisions of the Federal Advisory Committee Act.
SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION.
(a) Deadline.--The Commission shall submit final versions of the
reports and plans required under section 3 not later than 24 months
after the date of the Commission's first meeting.
(b) Termination.--The Commission shall terminate not later than 30
days after submitting the final versions of reports and plans pursuant
to subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for carrying out the
activities of the Commission $2,100,000 for the first fiscal year
beginning after the date of the enactment of this Act and $1,100,000
for the second fiscal year beginning after the date of the enactment of
this Act.
Passed the House of Representatives September 27, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Commission to Study the Potential Creation of a National Museum of American Latino Heritage Act of 2006 - Establishes the Commission to Study the Potential Creation of a National Museum of American Latino Heritage to report its recommendations with respect to developing a plan of action for the establishment and maintenance of a National Museum of the American Latino Heritage in Washington, D.C.
Requires the Commission to develop a fund-raising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fund-raising by the American Latino community.
Instructs the Commission to examine and report on: (1) the availability and cost of collections to be acquired and housed in the Museum; (2) the impact of the Museum on regional Hispanic- and Latino-related museums; (3) possible locations for the Museum in Washington, D.C.; (4) whether the Museum should be located within the Smithsonian Institution; (5) the governance and organizational structure from which the Museum should operate; (6) how to engage the American Latino community in the development and design of the Museum; and (7) the cost of constructing, operating, and maintaining the Museum.
Requires the Commission, based on the recommendations contained in the reports described above, to submit for consideration to specified congressional committees recommendations for a legislative plan of action to create and construct the Museum.
Authorizes the Commission to convene a national conference on the Museum, which shall be comprised of individuals committed to the advancement of American Latino life, art, history, and culture.
Instructs the Department of the Interior to provide from funds appropriated for this purpose administrative services, facilities, and funds necessary for the performance of the Commission's functions. Makes such funds available prior to any meetings of the Commission.
Excepts the Commission from application of the Federal Advisory Committee Act.
Authorizes appropriations. | To establish the Commission to Study the Potential Creation of a National Museum of American Latino Heritage to develop a plan of action for the establishment and maintenance of a National Museum of American Latino Heritage in Washington, DC, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Security
Improvement Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
(2) Public and private sector stakeholders.--The term
``public and private sector stakeholders'' has the meaning
given such term in section 114(u)(1)(C) of title 49, United
States Code.
(3) Surface transportation asset.--The term ``surface
transportation asset'' includes facilities, equipment, or
systems used to provide transportation services by--
(A) a public transportation agency (as such term is
defined in section 1402(5) of the Implementing
Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1131(5)));
(B) a railroad carrier (as such term is defined in
section 20102(3) of title 49, United States Code);
(C) an owner or operator of--
(i) an entity offering scheduled, fixed-
route transportation services by over-the-road
bus (as such term is defined in section 1501(4)
of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 6
U.S.C. 1151(4))); or
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or
systems, as determined by the Secretary.
SEC. 3. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY REVIEW.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall evaluate the degree
to which the 2016 Biennial National Strategy for Transportation
Security, as required pursuant to section 114(s) of title 49, United
States Code, that was issued on August 11, 2016, by the Administrator
of the Transportation Security Administration, is reflected in Federal
transportation security programs, budgets, research, staffing levels,
and related efforts and, in carrying out such evaluation, shall
consider the degree to which--
(1) such strategy is sufficiently forward-looking to guide
future Federal efforts relating to transportation security;
(2) Federal transportation security programs, budgets,
research, staffing levels, and related efforts for fiscal year
2018 and beyond are guided by such strategy; and
(3) the annual progress reports submitted to Congress
pursuant to such section subsequent to the issuance of such
strategy provide information on the degree to which such
strategy guides Federal efforts relating to transportation
security.
SEC. 4. RISK SCENARIOS.
(a) In General.--The Secretary of Homeland Security shall annually
develop, consistent with the transportation modal security plans
required under section 114(s) of title 49, United States Code, risk-
based priorities based on risk assessments conducted or received by the
Secretary across all transportation modes that consider threats,
vulnerabilities, and consequences.
(b) Scenarios.--The Secretary of Homeland Security shall ensure
that the risk-based priorities identified pursuant to subsection (a)
are informed by an analysis of terrorist attack scenarios for each
transportation mode, including cyber attack scenarios and intelligence
and open source information about current and evolving threats.
(c) Report.--Not later than 120 days after each development of
risk-based priorities under subsection (a), the Secretary of Homeland
Security shall provide to the appropriate congressional committees a
report that includes the following:
(1) Copies of the risk assessments for each transportation
mode.
(2) A summary that ranks the risks within and across modes.
(3) A description of the risk-based priorities for securing
the transportation sector that identifies and prioritizes the
greatest security needs of such transportation sector, both
across and within modes, in the order that such priorities
should be addressed.
(4) Information on the underlying methodologies used to
assess risks across and within each transportation mode and the
basis for any assumptions regarding threats, vulnerabilities,
and consequences made in assessing and prioritizing risks
within each such mode and across modes.
(d) Classification.--The information provided under subsection (c)
may be submitted in a classified format or unclassified format, as
appropriate.
SEC. 5. ASSESSMENTS AND SECURITY PLANS; FRONTLINE EMPLOYEE SECURITY
TRAINING.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
appropriate congressional committees and the Inspector General of the
Department of Homeland Security a report on--
(1) the status of regulations requiring assessments and
security plans as specified in sections 1405, 1512, and 1531 of
the Implementing Recommendations of the 9/11 Commission Act of
2007 (6 U.S.C. 1134, 1162, and 1181) that includes a timeline
for the issuance of a final rulemaking subsequent to the
December 16, 2016, publication in the Federal Register of an
advance notice of proposed rulemaking; and
(2) the status of regulations for a security training
program to prepare transportation employees for potential
security threats and conditions as specified in sections 1408,
1517, and 1534 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (6 U.S.C. 1137, 1167, and 1184) that
includes a timeline for the issuance of a final rulemaking
subsequent to the December 16, 2016, publication in the Federal
Register of a notice of proposed rulemaking.
(b) Inspector General Review.--Not later than 120 days after
submission of the report under subsection (a), the Inspector General of
the Department of Homeland Security shall submit to the appropriate
congressional committees a review of such report that includes
information on--
(1) departmental efforts to finalize rulemaking; and
(2) recommendations, as necessary, to ensure implementation
of the regulations referred to in such subsection.
SEC. 6. RESEARCH AND DEVELOPMENT.
(a) Emerging Issues.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Under Secretary for Science and Technology of the
Department of Homeland Security and in coordination with the
Administrator of the Transportation Security Administration, shall
submit to the appropriate congressional committees a feasibility
assessment of modifying the security of surface transportation assets
by--
(1) introducing next generation technologies to be
integrated into systems of surface transportation assets to
detect explosives, including through the deployment of mobile
explosives detection technologies to conduct risk-based
passenger and property screening at such systems;
(2) providing surface transportation asset operators with
access to the Transportation Security Administration's Secure
Flight Program or a similar passenger vetting system maintained
by the Transportation Security Administration;
(3) deploying a credential authentication technology or
other means of identification document inspection to high-risk
surface transportation assets to assist operators conducting
passenger vetting; and
(4) deploying scalable, cost-effective technology solutions
to detect chemical, biological, radiological, nuclear, or
explosive threats within high-risk surface transportation
assets that are capable of passive, continuous, and real-time
sensing and detection of, and alerting passengers and operating
personnel to, the presence of such a threat.
(b) Considerations.--In carrying out the assessment required under
subsection (a), the Secretary of Homeland Security, acting through the
Under Secretary for Science and Technology of the Department of
Homeland Security and in coordination with the Administrator of the
Transportation Security Administration, shall address the
technological, privacy, operational, passenger facilitation, and public
acceptance considerations involved with each security measure
contemplated in such assessment.
SEC. 7. BEST PRACTICES TO SECURE AGAINST VEHICLE-BASED ATTACKS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall disseminate best
practices to public and private sector stakeholders regarding how to
enhance transportation security against the threat of a vehicle-based
terrorist attack.
SEC. 8. SURFACE TRANSPORTATION STAKEHOLDER SURVEY.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall begin
conducting a survey of public and private stakeholders responsible for
securing surface transportation assets regarding resource challenges,
including the availability of Federal funding, associated with securing
such assets that provides an opportunity for respondents to set forth
information on specific unmet needs.
(b) Report.--Not later than 120 days after beginning the survey
required under subsection (a), the Secretary of Homeland Security shall
report to the appropriate congressional committees regarding the
results of such survey and the Department of Homeland Security's
efforts to address any identified security vulnerabilities.
SEC. 9. INNOVATIVE TECHNOLOGIES AND CAPABILITIES.
(a) In General.--The Administrator of the Transportation Security
Administration may establish a task force to collaborate with public
and private sector stakeholders to identify and develop an innovative
technology or capability with the potential to enhance transportation
security, including by--
(1) conducting a field demonstration of such a technology
or capability in an operational environment;
(2) gathering performance data from such a demonstration to
inform the acquisition process; and
(3) to the extent practicable, providing funding and
promoting efforts to enable participation in a demonstration by
a small business that has an innovative technology or
capability but does not have adequate resources to participate
in a field demonstration under paragraph (1).
(b) Composition.--The task force authorized under subsection (a)
shall be chaired by the Administrator of the Transportation Security
Administration's designee and comprised of representatives appointed by
the Administrator, in consultation with the Chairperson of the Aviation
Security Advisory Committee (established pursuant to section 44946 of
title 49, United States Code).
(c) Activities.--The chair of the task force shall--
(1) evaluate technologies and capabilities for field
demonstrations with potential to enhance surface transportation
security, in addition to technologies and capabilities with
potential to enhance aviation security;
(2) coordinate with the Science and Technology Directorate
of the Department of Homeland Security to leverage such
technologies and capabilities; and
(3) submit to the Secretary of Homeland Security an annual
report regarding the task force's activities that identifies,
for each such technology or capability, what mode of
transportation could be enhanced by the integration of such
technology or capability into security operations and, as
appropriate, plans for deploying such technology or capability.
(d) Rule of Construction.--Nothing in this section shall require
the Administrator of the Transportation Security Administration to
acquire an innovative technology or capability.
(e) Non-Applicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the task force.
SEC. 10. SECURITY TECHNOLOGIES TIED TO FOREIGN THREAT COUNTRIES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security, acting through the Under
Secretary for Intelligence and Analysis of the Department of Homeland
Security, in consultation with the Under Secretary for the National
Protection and Programs Directorate of the Department, shall submit to
the appropriate congressional committees an assessment of terrorist and
other threats to the transportation sector, including surface
transportation assets, posed by the use of security technologies,
including software and networked technologies, developed or
manufactured by firms that are owned or closely linked to the
governments of countries that are known to pose a cyber or homeland
security threat.
SEC. 11. SURFACE TRANSPORTATION SECURITY INSPECTORS.
(a) Strategy.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall submit to the appropriate congressional committees
and the Comptroller General of the United States a strategy to guide
operations of surface transportation security inspectors that addresses
the following:
(1) Any limitations in data systems for such inspectors, as
identified by the Comptroller General.
(2) Alignment of operations with risk assessment findings,
including an approach to identifying and prioritizing entities
and locations for inspections.
(3) Measurable objectives for the surface transportation
security inspectors program.
(b) Comptroller General Review.--Not later than 180 days after the
submission of the strategy required under subsection (b), the
Comptroller General of
the United States shall review such strategy and, as appropriate,
issue recommendations.
Passed the House of Representatives March 22, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Surface Transportation Security Improvement Act of 2018 (Sec. 3) The Government Accountability Office (GAO) must evaluate the extent to which the 2016 Biennial National Strategy for Transportation Security is reflected in federal transportation security programs. (Sec. 4) This bill establishes programs and reporting requirements to identify risks to facilities, equipment, or systems used to provide public transportation (surface transportation assets). It requires the Department of Homeland Security to: develop risk-based priorities informed by an analysis of terrorist and cyber attack scenarios, submit to Congress a feasibility assessment of employing new technologies to enhance surface transportation security, disseminate best practices to protect against the threat of a vehicle-based terrorist attack, and report on threats to transportation security posed by the use of security technologies by foreign countries. (Sec. 9) The bill authorizes the Transportation Security Administration (TSA) to establish a task force to identify and develop an innovative technology to enhance transportation security. The TSA must also submit to Congress and the GAO a strategy to guide operations of surface transportation security inspectors. | Surface Transportation Security Improvement Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Safety Enhancement Act of
1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) While our Nation's schools are still relatively safe,
it is imperative that schools be provided with adequate
resources to prevent incidents of violence.
(2) Approximately 10 percent of all public schools reported
at least 1 serious violent crime to a law enforcement agency
over the course of the 1996-1997 school year.
(3) In 1996, approximately 225,000 students between the
ages of 12 and 18 were victims of nonfatal violent crime in
schools in the United States.
(4) From 1992 through 1994, 76 students and 29 non-students
were victims of murders or suicides that were committed in
schools in the United States.
(5) The school violence incidents in several States across
the Nation in 1998 and 1999 caused enormous damage to schools,
families, and whole communities.
(6) Because of escalating school violence, the children of
the United States are increasingly afraid that they will be
attacked or harmed at school.
(7) A report issued by the Department of Education in
August, 1998, entitled ``Early Warning, Early Response''
concluded that the reduction and prevention of school violence
is best achieved through safety plans which involve the entire
community, policies which emphasize both prevention and
intervention, training school personnel, parents, students, and
community members to recognize the early warning signs of
potential violent behavior and to share their concerns or
observations with trained personnel, establishing procedures
which allow rapid response and intervention when early warning
signs of violent behavior are identified, and providing
adequate support and access to services for troubled students.
SEC. 3. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY.
(a) Establishment.--The Secretary of Education and the Attorney
General shall jointly establish a National Center for School and Youth
Safety (in this section referred to as the ``Center''). The Secretary
of Education and the Attorney General may establish the Center at an
existing facility, if the facility has a history of performing two or
more of the duties described in subsection (b). The Secretary of
Education and the Attorney General shall jointly appoint a Director of
the Center to oversee the operation of the Center.
(b) Duties.--The Center shall carry out emergency response,
anonymous student hotline, consultation, and information and outreach
activities with respect to elementary and secondary school safety,
including the following:
(1) Emergency response.--The staff of the Center, and such
temporary contract employees as the Director of the Center
shall determine necessary, shall offer emergency assistance to local
communities to respond to school safety crises. Such assistance shall
include counseling for victims and the community, assistance to law
enforcement to address short-term security concerns, and advice on how
to enhance school safety, prevent future incidents, and respond to
future incidents.
(2) Anonymous student hotline.--The Center shall establish
a toll-free telephone number for students to report criminal
activity, threats of criminal activity, and other high-risk
behaviors such as substance abuse, gang or cult affiliation,
depression, or other warning signs of potentially violent
behavior. The Center shall relay the reports, without
attribution, to local law enforcement or appropriate school
hotlines. The Director of the Center shall work with the
Attorney General to establish guidelines for Center staff to
work with law enforcement around the Nation to relay
information reported through the hotline.
(3) Consultation.--The Center shall establish a toll-free
number for the public to contact staff of the Center for
consultation regarding school safety. The Director of the
Center shall hire administrative staff and individuals with
expertise in enhancing school safety, including individuals
with backgrounds in counseling and psychology, education, law
enforcement and criminal justice, and community development to
assist in the consultation.
(4) Information and outreach.--The Center shall compile
information about the best practices in school violence
prevention, intervention, and crisis management, and shall
serve as a clearinghouse for model school safety program
information. The staff of the Center shall work to ensure local
governments, school officials, parents, students, and law
enforcement officials and agencies are aware of the resources,
grants, and expertise available to enhance school safety and
prevent school crime. The staff of the Center shall give
special attention to providing outreach to rural and
impoverished communities.
SEC. 4. SAFE COMMUNITIES, SAFE SCHOOLS.
(a) Grants Authorized.--The Secretary of Education, the Secretary
of Health and Human Services, and the Attorney General may award
grants, on a competitive basis, to help communities develop community-
wide safety programs involving students, parents, educators, guidance
counselors, psychologists, law enforcement officials or agencies, civic
leaders, and other organizations serving the community.
(b) Authorized Activities.--Funds provided to carry out this Act
may be used for activities that may include efforts to--
(1) increase early intervention strategies;
(2) expand parental involvement;
(3) increase students' awareness of warning signs of
violent behavior;
(4) promote students' responsibility to report the warning
signs to appropriate persons;
(5) promote conflict resolution and peer mediation
programs;
(6) increase the number of after-school programs;
(7) expand the use of safety-related equipment and
technology; and
(8) expand students' access to mental health services.
SEC. 5. AMENDMENTS TO THE NATIONAL CHILD PROTECTION ACT OF 1993.
Section 5(10) of the National Child Protection Act of 1993 (42
U.S.C. 5119c(10)) is amended to read as follows:
``(10) the term `qualified entity' means--
``(A) a business or organization, whether public,
private, for-profit, not-for-profit, or voluntary, that
provides care or care placement services, including a
business or organization that licenses or certifies
others to provide care or care placement services; or
``(B) an elementary or secondary school.''. | School Safety Enhancement Act of 1999 - Directs the Secretary of Education (the Secretary) and the Attorney General jointly to: (1) establish a National Center for School and Youth Safety; and (2) appoint a Director to oversee the Center's operation.
Allows the Center to be established at an existing facility with a history of performing two or more of the following Center duties, which include specified activities with respect to elementary and secondary school safety: (1) emergency response; (2) anonymous student hotline; (3) consultation; and (4) information and outreach activities.
Authorizes the Secretary, the Attorney General, and the Secretary of Health and Human Services to award competitive grants to help communities develop community-wide safety programs, including certain authorized activities, involving students, parents, educators, guidance counselors, psychologists, law enforcement officials or agencies, civic leaders, and other organizations serving the community.
Amends the National Child Protection Act of 1993 to include elementary or secondary schools among those qualified entities that a State may designate as required to contact an authorized State agency to request a nationwide criminal background check of certain employees and other child care providers. | School Safety Enhancement Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Dams Safety Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Secretary of the Interior has identified 53 dams on
Indian lands that present a threat to human life in the event of a
failure;
(2) because of inadequate attention in the past to problems
stemming from structural deficiencies and regular maintenance
requirements for dams operated by the Bureau of Indian Affairs,
unsafe Bureau dams continue to pose an imminent threat to people
and property;
(3) many Bureau dams have maintenance deficiencies regardless
of their current safety condition classification and the
deficiencies must be corrected to avoid future threats to human
life and property;
(4) safe working dams on Indian lands are necessary to supply
irrigation water, to provide flood control, to provide water for
municipal, industrial, domestic, livestock, and recreation uses,
and for fish and wildlife habitats; and
(5) it is necessary to institute a regular dam maintenance and
repair program, utilizing the expertise in the Bureau, Indian
tribes, and other Federal agencies.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Bureau'' means the Bureau of Indian Affairs.
(2) The term ``dam'' has the same meaning given such term by
the first section of Public Law 92-367 (33 U.S.C. 467).
(3) The term ``Secretary'' means the Secretary of the Interior.
(4) The term ``Indian tribe'' means any Indian tribe, band,
nation, pueblo, or other organized group or community, including
any Alaska Native village or regional corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act,
which is recognized as eligible for the special programs and
services provided by the United States to Indian tribes because of
their status as Indians.
SEC. 4. DAM SAFETY MAINTENANCE AND REPAIR PROGRAM.
(a) Establishment.--The Secretary shall establish a dam safety
maintenance and repair program within the Bureau to ensure maintenance
and monitoring of the condition of each dam identified pursuant to
subsection (e) necessary to maintain the dam in a satisfactory
condition on a long-term basis.
(b) Transfer of Existing Functions and Personnel.--All functions
performed before the date of the enactment of this Act pursuant to the
Dam Safety Program established by the Secretary of the Interior by
order dated February 28, 1980, and all Bureau of Indian Affairs
personnel assigned to such program as of the date of enactment of this
Act are hereby transferred to the Dam Safety Maintenance and Repair
Program. Any reference in any law, regulation, executive order,
reorganization plan, or delegation of authority to the Dam Safety
Program is deemed to be a reference to the Dam Safety Maintenance and
Repair Program.
(c) Rehabilitation.--Under the Dam Safety Maintenance and Repair
Program, the Secretary shall perform such rehabilitation work as is
necessary to bring the dams identified pursuant to subsection (e) to a
satisfactory condition. In addition, each dam located on Indian lands
shall be regularly maintained pursuant to the Dam Safety Maintenance
and Repair Program established pursuant to subsection (a).
(d) Maintenance Action Plan.--The Secretary shall develop a
maintenance action plan, which shall include a prioritization of
actions to be taken, for those dams with a risk hazard rating of high
or significant as identified pursuant to subsection (e).
(e) Identification of Dams.--
(1) Development of list.--The Secretary shall develop a
comprehensive list of dams located on Indian lands that describes
the dam safety condition classification of each dam, as specified
in paragraph (2), the risk hazard classification of each dam, as
specified in paragraph (3), and the conditions resulting from
maintenance deficiencies.
(2) Dam safety condition classifications.--The dam safety
condition classification referred to in paragraph (1) is one of the
following classifications:
(A) Satisfactory.--No existing or potential dam safety
deficiencies are recognized. Safe performance is expected under
all anticipated conditions.
(B) Fair.--No existing dam safety deficiencies are
recognized for normal loading conditions. Infrequent hydrologic
or seismic events would probably result in a dam safety
deficiency.
(C) Conditionally poor.--A potential dam safety deficiency
is recognized for unusual loading conditions that may
realistically occur during the expected life of the structure.
(D) Poor.--A potential dam safety deficiency is clearly
recognized for normal loading conditions. Immediate actions to
resolve the deficiency are recommended; reservoir restrictions
may be necessary until resolution of the problem.
(E) Unsatisfactory.--A dam safety deficiency exists for
normal loading conditions. Immediate remedial action is
required for resolution of the problem.
(3) Risk hazard classification.--The risk hazard classification
referred to in paragraph (1) is one of the following
classifications:
(A) High.--Six or more lives would be at risk or extensive
property damage could occur if the dam failed.
(B) Significant.--Between one and six lives would be at
risk or significant property damage could occur if the dam
failed.
(C) Low.--No lives would be at risk and limited property
damage would occur if the dam failed.
(f) Limitation on Program Authorization.--Work authorized by this
Act shall be for the purpose of dam safety maintenance and structural
repair. The Secretary may authorize, upon request of an Indian tribe,
up to 20 percent of the cost of repairs to be used to provide
additional conservation storage capacity or developing benefits beyond
those provided by the original dams and reservoirs. This Act is not
intended to preclude development of increased storage or benefits under
any other authority or to preclude measures to protect fish and
wildlife.
(g) Technical Assistance.--To carry out the purposes of this Act,
the Secretary may obtain technical assistance on a nonreimbursable
basis from other departments and agencies. Notwithstanding any such
technical assistance, the Dam Safety Maintenance and Repair Program
established under subsection (a) shall be under the direction and
control of the Bureau.
(h) Contract Authority.--In addition to any other authority
established by law, the Secretary is authorized to contract with Indian
tribes (under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e))), as amended, to carry out the Dam Safety
Maintenance and Repair Program established under this Act.
(i) Annual Report.--The Secretary shall submit an annual report on
the implementation of this Act. The report shall include--
(1) the list of dams and their status on the maintenance action
plan developed under this section; and
(2) the projected total cost and a schedule of the projected
annual cost of rehabilitation or repair for each dam under this
section.
The report shall be submitted at the time the budget is required to be
submitted under section 1105 of title 31, United States Code, to the
Subcommittee on Native American Affairs of the Committee on Natural
Resources of the House of Representatives and the Committee on Indian
Affairs of the Senate.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. Funds provided under this Act are to
be considered nonreimbursable.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Indian Dams Safety Act of 1994 - Directs the Secretary of the Interior to: (1) establish a dam safety maintenance program within the Bureau of Indian Affairs (BIA) in order to maintain each dam on Indian lands in a satisfactory condition; (2) perform necessary repair and rehabilitation work to bring any unsatisfactory dam to satisfactory condition and to then place the dam under the program's maintenance; and (3) develop a maintenance action plan, with priority given to dams with high or significant risk ratings.
Directs the Secretary to develop a comprehensive list of dams on Indian lands describing conditions of: (1) dam safety; (2) risk hazard; and (3) maintenance deficiencies.
Authorizes the Secretary to: (1) obtain technical assistance from other agencies and departments; and (2) contract with appropriate Indian tribes to carry out the program. States that the dam safety program (of 1980) and the program established by this Act shall be under BIA direction.
Authorizes appropriations. | Indian Dams Safety Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Health Choice Preservation
Act of 2000''.
SEC. 2. APPLICATION OF BUDGET NEUTRALITY PRINCIPLE TO THE NEW
MEDICARE+CHOICE RISK ADJUSTMENT METHODOLOGY.
(a) In General.--Section 1853(a)(3) of the Social Security Act (42
U.S.C. 1395w-23(a)(3)) is amended by adding at the end the following
new subparagraph:
``(E) Implementation in a budget neutral manner.--
The methodology under this paragraph shall be designed
and implemented in a manner so that it does not result
in any material change in the aggregate level of
expenditures under this title compared to the level
that would have occurred if such methodology had not
been implemented (and if the previous risk adjustment
methodology used in 1998 had continued to be
implemented).''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on the date of the enactment of this Act and applies to payments
for months beginning on or after January 2001.
SEC. 3. CHANGES TO HEALTH-STATUS RISK ADJUSTMENT.
(a) Implementation of Health-status Risk Adjustment Through
Negotiated Rulemaking.--Section 1853(c) of the Social Security Act (42
U.S.C. 1395w-23(c)) is further amended by adding at the end the
following new paragraph:
``(4) Implementation of health-status risk adjustment
through negotiated rulemaking.--
``(A) In general.--The Secretary shall establish,
using a negotiated rulemaking process under subchapter
III of chapter 5 of title 5, United States Code, and on
an expedited basis, health-status related risk
adjustors described in paragraph (3).
``(B) Appointment of committee.--In appointing
negotiated rulemaking committee under section 565(a) of
such title, the Secretary shall include representatives
of Medicare+Choice organizations, providers, the
Medicare Payment Advisory Commission, the Academy of
Actuaries, the Department of Health and Human Services,
and representatives of organizations with expertise in
data privacy issues.
``(C) Factors to consider.--The health status risk
adjustment methodology shall be based on the health
status of Medicare+Choice enrollees. In evaluating
alternative approaches, the committee and the Secretary
shall weigh the costs of implementing risk adjustment
methods against their benefits in terms of predictive
power.
``(D) Deadlines.--
``(i) Committee appointment.--The Secretary
shall provide for the appointment of the
negotiated rulemaking committee under
subparagraph (B) by not later than 6 months
after the date of the enactment of this
paragraph.
``(ii) Reporting deadline.--The committee
shall submit its recommendations to the
Secretary by not later than December 31, 2001.
``(E) Superseding other provisions.--Regulations
promulgated by the Secretary pursuant to
recommendations of the committee shall supersede the
regulations implemented under paragraph (3).''.
(b) Limiting Phase-in of Current Health-Status Risk Adjustment
Methodology.--Section 1853(a)(3)(C)(ii)(II) of such Act (42 U.S.C.
1395w-23(a)(3)(C)(ii)(II)), as amended by section 511(a) of the
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999
(113 Stat. 1501A-380), as enacted into law by section 1000(a)(6) of
Public Law 106-113, is amended by striking ``not more than 20 percent
of such capitation rate in 2002'' and inserting ``not more than 10
percentage points more than the percent of \1/12\ of the annual
Medicare+Choice capitation rate that it applied to in the previous
year, except as may be provided for under paragraph (4)''.
(c) Elimination of Requirement To Report Encounter Data.--The
Secretary of Health and Human Services shall immediately discontinue
all activity related to requiring Medicare+Choice organizations, under
part C of title XVIII of the Social Security Act, to submit encounter
data for sites other than hospital inpatient departments, before final
regulations are promulgated implementing the health-status risk
adjustment methodology developed under the amendment made by subsection
(a).
SEC. 4. ADDITIONAL FLOOR FOR ANNUAL INCREASE IN MEDICARE+CHOICE
CAPITATION RATES.
Section 1853(c)(3)(C) of the Social Security Act (42 U.S.C. 1395w-
23(c)(3)(C)) is amended--
(1) in clause (ii), by inserting ``(before 2002)'' after
``For a subsequent year''; and
(2) by adding at the end the following new clause:
``(iii) For 2002 and each subsequent year,
the greater of (I) 102 percent of the annual
Medicare+Choice capitation rate under this paragraph for the area for
the previous year, or (II) such rate for the previous year increased by
the national per capita Medicare+Choice growth percentage, described in
paragraph (6)(A) for the succeeding year.''.
SEC. 5. PAYMENT OF ADDITIONAL DRUG INFLATION DIFFERENTIAL FOR
MEDICARE+CHOICE PLANS OFFERING QUALIFIED PRESCRIPTION
DRUG COVERAGE.
(a) In General.--Section 1853 of the Social Security Act (42 U.S.C.
1395w-23) is amended--
(1) in subsection (a)(1)(A), by striking ``and (i)'' and
inserting ``(i), and (j)''; and
(2) by adding at the end the following new subsection:
``(j) Payment of Additional Drug Inflation Differential for
Medicare+Choice Plans Offering Qualified Prescription Drug Coverage.--
``(1) In general.--In the case of a Medicare+Choice plan
that offers qualified prescription drug coverage (as defined in
paragraph (2))) in a year and that meets the conditions
described in paragraph (3), the annual Medicare+Choice
capitation rate otherwise applied under this section shall be
increased by the percentage specified in paragraph (4).
``(2) Qualified prescription drug coverage defined.--In
this subsection, the term `qualified prescription drug
coverage' means coverage for outpatient prescription drugs
under which--
``(A) there is no deductible applicable; and
``(B) there is either no limitation to the amount
of benefits available in a year or any such limitation
is not less than $1,500.
Nothing in this paragraph shall be construed as preventing a
Medicare+Choice plan offering qualified prescription drug
coverage from imposing a copayment or other cost-sharing, other
than a deductible.
``(3) Conditions.--The conditions described in this
paragraph with respect to a Medicare+Choice plan for months in
a year are as follows:
``(A) No separate premium.--There is no separate
premium established for qualified prescription drug
coverage under the plan.
``(B) Limit on premiums.--The adjusted community
rate proposal shall include a certification that the
percentage increase in the cost of drug benefits does
not exceed 150 percent of the Secretary's estimate of
the percentage specified in paragraph (4), adjusted to
fairly reflect changes in the benefits provided.
``(4) Differential percentage.--The percentage specified in
this paragraph for a Medicare+Choice plan for months in a year
is equal to the product of the following:
``(A) Drug inflation differential.--The number of
percentage points by which--
``(i) the annual rate of inflation for
prescription drug coverage under
Medicare+Choice plans (as estimated by the
Secretary for the year), exceeds
``(ii) the percentage increase in the
annual Medicare+Choice capitation rate
applicable to the plan under subsection (a)
(not taking into account this subsection) for
the year involved.
``(B) Proportion of total value represented by drug
coverage.--The ratio of--
``(i) the average per capita actuarial
value of the qualified prescription drug
coverage under the plan for the year; to
``(ii) the actuarial value of all benefits
under the plan for the year.
In no case shall the percentage under this paragraph be less
than 0.
``(5) Treatment.--The percentage increase in payment
effected under this subsection shall be taken into account in
applying section 1854(f) (relating to additional benefits) and
such payment increase is subject to adjustment for risk factors
under subsection (a) in the same manner as the payment
described in such subsection.
``(6) Construction.--Nothing in this subsection shall be
construed as requiring a Medicare+Choice plan to provide
qualified or other prescription drug coverage.''.
(b) Effective Date.--The amendments made by subsection (a) apply to
payment for months beginning with January 2002. | Directs the Secretary of Health and Human Services to discontinue immediately all activity related to requiring Medicare+Choice organizations to submit encounter data for sites other than hospital inpatient departments, before final regulations are promulgated implementing the health-status risk adjustment methodology established under this Act. | Seniors Health Choice Preservation Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gay and Lesbian Youth Suicide
Prevention Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the National
Commission on Gay and Lesbian Youth Suicide Prevention (referred to in
this Act as the ``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 31
members appointed by the Secretary of Health and Human Services.
Members of the Commission shall include professionals and experts in
the field of youth suicide prevention.
(b) Terms.--Each member of the Commission shall be appointed for
the life of the Commission. Any vacancy in the Commission shall not
affect the powers of the Commission, but shall be filled in the same
manner as the original appointment.
(c) Meetings.--The Commission shall, during a 6-month period, meet
with the Secretary of Health and Human Services and advise various
offices within the Department of Health and Human Services on an
ongoing basis.
(d) Chairperson.--The Secretary of Health and Human Services shall
select a chairperson for the Commission from among the members of the
Commission.
SEC. 4. DUTIES OF COMMISSION.
(a) In General.--The Commission shall carry out activities to
combat the epidemic of suicide among gay and lesbian youth, who account
for 30 percent of completed youth suicides, as reported by the
Department of Health and Human Services in the 1989 ``Report of the
Secretary's Task Force on Youth Suicide''. The Commission shall advise
the Secretary of Health and Human Services and heads of other Federal
and State youth service agencies concerning how to include the concerns
of gay and lesbian youth in suicide prevention policies, programs, and
research.
(b) Goals of Commission.--The goals of the Commission shall be to--
(1) work to include the concerns of gay and lesbian youth
in suicide prevention programs at the national and State level;
(2) develop and make specific recommendations to the
Secretary of Health and Human Services and heads of other
relevant Federal and State agencies about how to stem the
epidemic of gay and lesbian youth suicide;
(3) work to expand research on youth suicide to include
research on gay and lesbian youth suicide; and
(4) work to amend existing youth suicide policies,
guidelines, and programs to include policies, guidelines, and
programs appropriate for gay and lesbian youth.
SEC. 5. REPORTS.
(a) Interim Reports.--The Commission shall conduct regional public
hearings around the United States to gather information from youths,
family members of such youths, and professionals, about the problem of
gay and lesbian youth suicide, on an ongoing basis. The Commission
shall prepare and submit an interim report to the Secretary of Health
and Human Services. The interim report shall contain findings and
conclusions of the Commission, based on the hearings.
(b) Final Report.--The Commission shall prepare and submit a final
report to the Secretary of Health and Human Services. The final report
shall contain a detailed statement of the findings and conclusions of
the Commission.
SEC. 6. POWERS OF THE COMMISSION.
(a) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(b) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(c) Use of Voluntary and Uncompensated Services.--Notwithstanding
section 1342 of title 31, United States Code, the Secretary of Health
and Human Services is authorized to accept voluntary and uncompensated
services in furtherance of the purposes of this Act.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation.--Members of the Commission shall serve on the
Commission without compensation.
(b) Travel Expenses.--The members of the Commission 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
Commission.
(c) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 8. SUNSET PROVISION.
The Commission shall terminate 6 months after the date of the first
meeting of the Commission. | Gay and Lesbian Youth Suicide Prevention Act - Establishes the National Commission on Gay and Lesbian Youth Suicide Prevention to combat the epidemic of suicide among gay and lesbian youth and to advise the Department of Health and Human Services and other Federal and State youth service agencies concerning how to include the concerns of gay and lesbian youth within existing suicide prevention policies, programs, and research. | Gay and Lesbian Youth Suicide Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bioterrorism Awareness Act''.
SEC. 2. BIOTERRORISM WEBSITE.
(a) In General.--The Director of the Centers for Disease Control
and Prevention (referred to in this section as the ``Director'') shall
award a grant to 1 entity to create and maintain the official Federal
Government website containing comprehensive information about
bioterrorism.
(b) Purpose.--The purpose of the website referred to in subsection
(a) is to create an integrated website that serves as the official
Federal Government source of information for the public and targeted
populations containing accurate, scientifically-based information about
bioterrorism.
(c) Duration.--The grant awarded under this section shall extend
for a period of 3 years. If the entity receiving such grant desires to
extend such grant beyond the 3-year period, such entity may submit an
application to the Director for an extension of 2 years.
(d) Qualifications.--In awarding the grant under this section, the
Director shall select an entity that has demonstrated successful
experience in--
(1) research on bioterrorism and public health;
(2) development of websites and distribution of
information; and
(3) working with Federal Government agencies.
(e) Deadline.--Not later than 180 days after the date of enactment
of this section, the entity awarded the grant under this section shall
create the website described in this section.
(f) Consultation.--The entity awarded a grant under this section
shall receive the approval of the Director, or its designee, prior to
the placement of information on the website. In approving information
to be included in the website, the Director, or designee, shall
consult, where appropriate, with representatives of--
(1) the Department of Defense;
(2) the Department of Justice;
(3) the Federal Emergency Management Agency;
(4) the Department of Agriculture;
(5) the Department of Health and Human Services;
(6) the Department of Labor;
(7) the Environmental Protection Agency; and
(8) any other Federal agency that has jurisdiction over
bioterrorism.
(g) Content.--The website referred to in subsection (a) shall
contain scientifically-based information regarding--
(1) the definition of bioterrorism;
(2) the potential consequences of bioterrorism and other
risks associated with bioterrorism;
(3) how to recognize physical symptoms that may result from
a bioterrorist attack;
(4) what the public can do to prepare for a bioterrorist
attack;
(5) how parents can talk to their children about
bioterrorism;
(6) how teachers can talk to their students about
bioterrorism, including science teachers;
(7) how farmers and other personnel involved in the
Nation's food supply system may protect themselves, their
livestock, and the Nation's food supply in the case of a
bioterrorist attack;
(8) chemical warfare, and the differences between
bioterrorism and chemical warfare;
(9) vaccines for possible terrorist agents that are
available to the public, including information regarding the
availability and effectiveness of such vaccines; and
(10) other situations or consequences of bioterrorism, or
any other information, that the entity, with the approval of
the Director or its designee, determines should be included.
(h) Organization.--The website referred to in subsection (a) shall
contain targeted sections with specific information for--
(1) health care professionals, public health professionals,
pharmacists, personnel working in laboratories, veterinarians,
and individuals in business and industry;
(2) children, parents, and teachers (including age-
appropriate educational material); and
(3) farmers and other individuals involved in the Nation's
food supply.
(i) Links.--The website referred to in subsection (a) shall contain
links to appropriate State and local agencies.
(j) Use of Funds.--The entity that receives the grant awarded under
this section shall use funds received through such grant to--
(1) create and maintain the website on bioterrorism as
described in this section;
(2) consult with public and private entities in the
gathering of essential information regarding bioterrorism, and
any other experts who may provide pertinent information
regarding bioterrorism;
(3) continually update the website with the most up-to-date
information regarding bioterrorism;
(4) consult State and local representatives regarding how
to develop links to State and local agencies;
(5) develop and implement a marketing strategy to raise
public awareness about the availability of the website; and
(6) make the information on the website available for sale
to the public, at cost, in alternative forms such as CD Roms
and printed materials.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $3,000,000 for fiscal year
2002, $1,000,000 for each of the fiscal years 2003, 2004, 2005, and
2006, and such sums as may be necessary for subsequent fiscal years. | Bioterrorism Awareness Act - Requires the Director of the Centers for Disease Control and Prevention to award an initial three-year grant to create and maintain an official Federal bioterrorism information website. | A bill to allow the Director of the Centers for Disease Control and Prevention to award a grant to create and maintain a website with information regarding bioterrorism. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No More Solyndras Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) President Obama took office amidst a weak economy and
high unemployment, yet he remained committed to advancing an
expansive ``green jobs'' agenda that received substantial
funding with the passage of the American Recovery and
Reinvestment Act of 2009, commonly known as the stimulus
package.
(2) The stimulus package allocated $90 billion to various
green energy programs, and related appropriations provided $47
billion for loan guarantees authorized under title XVII of the
Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.).
(3) Such title XVII authorized the Secretary of Energy to
issue loan guarantees for projects that avoid, reduce, or
sequester air pollutants or greenhouse gases and employ new or
significantly improved technologies compared with commercial
technologies in service at the time the guarantee is issued.
(4) Loan guarantees issued under such title XVII were
required to provide a reasonable prospect of repayment and were
expressly required to be subject to the condition that the
obligation is not subordinate to other financing.
(5) The stimulus package expanded such title XVII by adding
section 1705 to include projects that use commercial technology
for renewable energy systems, electric power transmission
systems, and leading-edge biofuels projects and by
appropriating $6,000,000,000 in funding to pay the credit
subsidy costs for section 1705 loan guarantees for projects
that commence construction no later than September 30, 2011.
(6) The Department of Energy, since the enactment of the
stimulus package, has issued loan guarantees under such title
XVII for 28 projects totaling $15,100,000,000 under the section
1705 program, and, according to the Government Accountability
Office, issued conditional loan guarantees for four projects
totaling $4,400,000,000 under the section 1705 program and four
projects totaling $10,600,000,000 under the section 1703
program.
(7) Three of the first five companies that received section
1705 loan guarantees for their projects, Solyndra, Inc., Beacon
Power Corporation, and Abound Solar, Inc., have declared
bankruptcy.
(8) The bankruptcy of the first section 1705 loan guarantee
recipient, Solyndra, Inc., could result in a loss to taxpayers
of over $530,000,000.
(9) The investigation of the Solyndra loan guarantee by the
Committee on Energy and Commerce has demonstrated that the
review in 2009 of the Solyndra application by the Department of
Energy and the Office of Management and Budget was driven by
politics and ideology and divorced from economic reality where
the Department of Energy ignored concerns about the company's
financial condition and market for its products.
(10) Despite an express provision in such title XVII
prohibiting subordination of the United States taxpayers'
financial interest, the Department of Energy restructured the
Solyndra loan guarantee in February 2011, resulting in the
taxpayers losing priority to Solyndra's investors in the event
of a default.
(11) The Inspector General of the Department of the
Treasury concluded that it was unclear whether the Department
of Energy's consultation requirement with the Secretary of the
Treasury on the Solyndra loan guarantee was met; that the
consultation that did occur was rushed with the Department of
the Treasury expressing that ``the train really has left the
station on this deal''; and that no documentation was retained
as to how the Department of the Treasury's serious concerns
with the loan guarantee were addressed.
(12) The Government Accountability Office concluded that
the Department of Energy Loan Guarantee Program under title
XVII has treated applicants inconsistently; that the Department
of Energy did not follow its own process for reviewing
applications and documenting its analysis and decisions,
increasing the likelihood of taxpayer exposure to financial
risk from a default; and that the Department of Energy's
absence of adequate documentation made it difficult for the
Department to defend its decisions on loan guarantees as sound
and fair.
(13) A memorandum prepared for the President dated October
25, 2010, from Carol Browner, Ron Klain, and Larry Summers,
principal advisors to the President, noted the risk presented
by loan guarantee projects because most of the projects had
little ``skin in the game'' from private investors.
(14) A January 2012 report conducted at the request of the
Chief of Staff to the President concluded that the portfolio of
projects the Department of Energy included in the loan program
were higher risk investments that private capital markets do
not generally invest in.
(15) The Department of Energy's section 1705 program has
expired but the Department of Energy has announced that it will
continue to consider applications for loan guarantees under the
section 1703 program.
(16) The Department of Energy has approximately
$34,000,000,000 in remaining lending authority to issue new
loan guarantees under the section 1703 program.
SEC. 3. SUNSET.
(a) No New Applications.--The Secretary of Energy shall not issue
any new loan guarantee pursuant to title XVII of the Energy Policy Act
of 2005 (42 U.S.C. 16511 et seq.) for any application submitted to the
Department of Energy after December 31, 2011.
(b) Pending Applications.--With respect to any application
submitted pursuant to section 1703 or 1705 of the Energy Policy Act of
2005 before December 31, 2011:
(1) No guarantee shall be made until the Secretary of the
Treasury has provided to the Secretary of Energy a written
analysis of the financial terms and conditions of the proposed
loan guarantee, pursuant to section 1702(a) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(a)).
(2) The Secretary of the Treasury shall transmit the
written analysis required under paragraph (1) to the Secretary
of Energy not later than 30 days after receiving the proposal
from the Secretary of Energy.
(3) Before making a guarantee under such title XVII, the
Secretary of Energy shall take into consideration the written
analysis made by the Secretary of the Treasury under paragraph
(1).
(4) If the Secretary of Energy makes a guarantee that is
not consistent with the written analysis provided by the
Secretary of the Treasury under paragraph (1), not later than
30 days after making such guarantee the Secretary of Energy
shall transmit to the Committee on Energy and Commerce and the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a written explanation of any material
inconsistencies.
(c) Transparency.--
(1) Reports to congress.--Not later than 60 days after
making a guarantee as provided in subsection (b), the Secretary
of Energy shall transmit to the Committee on Energy and
Commerce and the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that includes
information regarding--
(A) the review and decisionmaking process utilized
by the Secretary in making the guarantee;
(B) the terms of the guarantee;
(C) the recipient; and
(D) the technology and project for which the loan
guarantee will be used.
(2) Protecting confidential business information.--A report
under paragraph (1) shall provide all relevant information, but
the Secretary shall take all necessary steps to protect
confidential business information with respect to the recipient
of the loan guarantee and the technology used.
SEC. 4. RESTRUCTURING OF LOAN GUARANTEES.
With respect to any restructuring of the terms of a loan guarantee
issued pursuant to title XVII of the Energy Policy Act of 2005, the
Secretary of Energy shall consult with the Secretary of the Treasury
regarding any restructuring of the terms and conditions of the loan
guarantee, including any deviations from the financial terms of the
loan guarantee.
SEC. 5. RESTATING THE PROHIBITION ON SUBORDINATION.
Section 1702(d)(3) of the Energy Policy Act of 2005 (42 U.S.C.
16512(d)(3)) is amended by striking ``is not subordinate'' and
inserting ``, including any reorganization, restructuring, or
termination thereof, shall not at any time be subordinate''.
SEC. 6. ADMINISTRATIVE ACTIONS AND CIVIL PENALTIES.
(a) In General.--Any Federal official who is responsible for the
issuance of a loan guarantee under title XVII of the Energy Policy Act
of 2005 in a manner that violates the requirements of such title or of
this Act shall be--
(1) subject to appropriate administrative discipline
provided for under title 5 of the United States Code, or any
other applicable Federal law, including, when circumstances
warrant, suspension from duty without pay or removal from
office; and
(2) personally liable for a civil penalty in an amount of
at least $10,000 but not more than $50,000 for each violation.
(b) Definition.--For purposes of this section, the term ``Federal
official'' means--
(1) an individual serving in a position in level I, II,
III, IV, or V of the Executive Schedule, as provided in
subchapter II of chapter 53 of title 5, United States Code; and
(2) an individual serving in a Senior Executive Service
position, as provided in subchapter II of chapter 31 of title
5, United States Code.
SEC. 7. GAO STUDY OF FEDERAL SUBSIDIES IN ENERGY MARKETS.
(a) In General.--The Comptroller General shall conduct a study of
the Federal subsidies in energy markets provided from fiscal year 2003
through fiscal year 2012.
(b) Focus.--The study required under subsection (a) shall have
particular focus on Federal subsidies in energy markets provided in
support of--
(1) electricity production, transmission, and consumption;
(2) transportation fuels and infrastructure;
(3) energy-related research and development; and
(4) facilities that manufacture energy-related components.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Energy and Commerce and the Committee on Science, Space, and Technology
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes the results of the
study conducted under subsection (a), including an identification and
quantification of--
(1) costs to the United States Treasury;
(2) impacts on United States energy security;
(3) impacts on electricity prices, including any potential
negative pricing impact on wholesale electricity markets;
(4) impacts on transportation fuel prices;
(5) impacts on private energy-related industries not
benefitting from Federal subsidies in energy markets;
(6) any Federal subsidies in energy markets that are
provided to foreign persons or corporations; and
(7) subsidies and direct financial interest any of the 15
foreign countries with the largest gross domestic product are
providing to support energy markets in their respective
countries.
(d) Definition.--For purposes of this section, the term ``Federal
subsidies'' means Federal grants, direct loans, loan guarantees, and
tax credits, and other programmatic activities targeted at energy
markets and related sectors, relating to specific energy technologies.
Passed the House of Representatives September 14, 2012.
Attest:
KAREN L. HAAS,
Clerk. | No More Solyndras Act - (Sec. 3) Prohibits the Secretary of Energy (DOE) from issuing any new loan guarantee of an innovative energy project under title XVII (Incentives for Innovative Technologies) of the Energy Policy Act of 2005 for any application submitted to DOE after December 31, 2011.
Prohibits a loan guarantee for any application pending before that date until the Secretary of the Treasury furnishes, within 30 days after receiving the guarantee proposal from DOE, a written analysis of the its financial terms and conditions. Requires DOE, before making such a guarantee, to take the written analysis into consideration.
Requires DOE also, if it makes a guarantee inconsistent with that written analysis, to give certain congressional committees, within 30 days after making the guarantee, a written explanation of any material inconsistencies.
Requires DOE, within 60 days after making a loan guarantee on a pending application, to report to specified congressional committees on: (1) the review and decisionmaking process used in making the guarantee; (2) the terms of the guarantee; and (3) the recipient, the technology, and project for which the loan guarantee will be used.
(Sec. 4) Directs the Secretary to consult with the Secretary of the Treasury regarding any restructuring of the terms and conditions of an innovative energy project loan guarantee, including any deviations from the financial terms of the guarantee.
(Sec. 5) Revises the condition on the loan guarantee that the obligation shall not be subordinate to any other financing for the project. Prohibits likewise subordination to other financing of any reorganization, restructuring, or termination of the obligation.
(Sec. 6) Subjects to certain administrative actions and civil penalties any federal official responsible for the issuance of an innovative energy project loan guarantee in violation of either the requirements of this Act or of title XVII of the Energy Policy Act of 2005. Specifies such sanctions as: (1) administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office; and (2) personal liability for a civil penalty of between $10,000 and $50,000 for each violation.
(Sec. 7) Directs the Comptroller General to study federal subsidies in energy markets from FY2003-FY2012, with particular focus upon subsidies supporting: (1) electricity production, transmission, and consumption; (2) transportation fuels and infrastructure; (3) energy-related research and development; and (4) facilities that manufacture energy-related components.
Requires the report to Congress on such study to identify and quantify: (1) costs to the U.S. Treasury; (2) impacts on U.S. energy security, electricity and transportation fuel prices, and private energy-related industries not benefitting from federal subsidies in energy markets; (3) federal subsidies in energy markets provided to foreign persons or corporations; and (4) subsidies and direct financial interest any of the 15 foreign countries with the largest gross domestic product (GDP) are providing to support energy markets in their respective countries. | To limit further taxpayer exposure from the loan guarantee program established under title XVII of the Energy Policy Act of 2005. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homebuyer Tax Credit Fairness Act of
2009''.
SEC. 2. EXTENSION AND EXPANSION OF HOMEBUYER TAX CREDIT.
(a) Repeal of First-Time Homebuyer Requirement.--
(1) In general.--Subsection (a) of section 36 of the
Internal Revenue Code of 1986 is amended by striking ``an
individual who is a first-time homebuyer of a principal
residence'' and inserting ``an individual who purchases a
principal residence''.
(2) Conforming amendments.--
(A) Section 36(b)(1)(A) of such Code is amended by
inserting ``with respect to any taxpayer for any
taxable year'' after ``subsection (a)''.
(B) Section 36(c) of such Code is amended by
striking paragraph (1) and by redesignating paragraphs
(2) through (5) as paragraphs (1) through (4),
respectively.
(C) The heading of section 36 of such Code (and the
item relating to such section in the table of sections
for subpart C of part IV of subchapter A of chapter 1
of such Code) are amended by striking ``first-time
homebuyer'' and inserting ``homebuyer''.
(b) Increase in Dollar Limitation.--
(1) In general.--Section 36(b) of such Code is amended by
striking ``$8,000'' each place it appears and inserting
``$15,000''.
(2) Conforming amendment.--Section 36(b)(1)(B) of such Code
is amended by striking ``$4,000'' and inserting ``$7,500''.
(c) Repeal of Income Phaseout.--Section 36(b) of such Code is
amended by striking paragraph (2).
(d) Waiver of Recapture for Individuals on Qualified Official
Extended Duty.--Paragraph (4) of section 36(f) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(E) Special rule for members of the armed forces,
etc.--
``(i) In general.--In the case of the
disposition of a principal residence by an
individual (or a cessation referred to in
paragraph (2)) after December 31, 2008, in
connection with Government orders received by
such individual, or such individual's spouse,
for qualified official extended duty service--
``(I) paragraph (2) and subsection
(d)(2) shall not apply to such
disposition (or cessation), and
``(II) if such residence was
acquired before January 1, 2009,
paragraph (1) shall not apply to the
taxable year in which such disposition
(or cessation) occurs or any subsequent
taxable year.
``(ii) Qualified official extended duty
service.--For purposes of this section, the
term `qualified official extended duty service'
means service on qualified official extended
duty as--
``(I) a member of the uniformed
services,
``(II) a member of the Foreign
Service of the United States, or
``(III) as an employee of the
intelligence community.
``(iii) Definitions.--Any term used in this
subparagraph which is also used in paragraph
(9) of section 121(d) shall have the same
meaning as when used in such paragraph.''.
(e) Extension of Credit.--Subsection (h) of section 36 of such Code
is amended by striking ``December 1, 2009'' and inserting ``December 1,
2010''.
(f) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years beginning after December 31, 2008.
(2) Waiver of recapture for individuals on qualified
official extended duty.--The amendment made by subsection (d)
shall apply to dispositions and cessations after December 31,
2008.
(3) Extension of credit.--The amendment made by subsection
(e) shall apply to purchases after November 30, 2009.
SEC. 3. RESCISSION OF UNOBLIGATED STIMULUS FUNDS.
Effective on the date of the enactment of this Act, there are
hereby rescinded all unobligated balances of the discretionary
appropriations made available by division A of the American Recovery
and Reinvestment Act of 2009. | Homebuyer Tax Credit Fairness Act of 2009 - Amends Internal Revenue Code provisions relating to the first-time homebuyer tax credit to: (1) extend such credit to all purchasers of a principal residence (currently, limited to first-time purchasers); (2) increase the maximum amount of such credit to $15,000; (3) repeal the income-based phaseout of such credit; (4) waive recapture provisions of such credit for members of the uniformed services and the Foreign Service of the United States and for employees of the intelligence community on official extended duty service; and (5) extend such credit through November 30, 2010.
Rescinds all unobligated balances of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009. | To amend the Internal Revenue Code of 1986 to extend and expand the homebuyer tax credit. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Financing to ISIL Act''.
SEC. 2. REPORT ON PERSONS THAT PROVIDE MATERIAL OR FINANCIAL SUPPORT TO
ISIL.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of the
Treasury and the Secretary of State shall jointly submit to the
appropriate congressional committees a report that contains the
following:
(1) An identification of each person that provides,
directly or indirectly, material or financial support to ISIL,
including purchasing oil or other materials that provide
funding for ISIL or other terrorist organizations operating in
the region.
(2) An identification of the country in which such person
is located and a description of actions taken by the Secretary
of the Treasury and the Secretary of State to notify the
government of such country that--
(A) such person is located in such country; and
(B) such person is providing material or financial
support to ISIL or other terrorist organizations
operating in the region.
(3) A description of actions taken by the government of
such country to restrict such person from providing material or
financial support to ISIL.
(b) Form.--The report required by subsection (a) may be submitted
in classified form to the extent necessary.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate.
SEC. 3. SUSPENSION OF MILITARY ASSISTANCE TO CERTAIN COUNTRIES.
(a) In General.--The President shall suspend the provision of
assistance described in subsection (b) to the government of a country
that is identified in the report submitted under section 2 if the
President determines that the government of such country has not taken
actions to restrict each person that is located in such country from
providing material or financial support to ISIL by not later than the
date that is 30 days after the date on which the Secretary of the
Treasury or the Secretary of State (as the case may be) has notified
the government of the country as described in section 2(a)(2).
(b) Assistance Described.--Assistance described in this subsection
is assistance under the following provisions of law:
(1) Section 21 of the Arms Export Control Act (22 U.S.C.
2761) (relating to Foreign Military Sales authorizations).
(2) Section 23 of the Arms Export Control Act (22 U.S.C.
2763) (relating to the Foreign Military Financing program).
(c) Notification.--The President shall submit to the Speaker of the
House of Representatives and the President pro tempore of the Senate a
notification of suspension of the provision of assistance described in
subsection (b) to the government of a country under subsection (a) and
the reasons therefor.
SEC. 4. TRANSACTIONS WITH COUNTRIES HARBORING PERSONS THAT PROVIDE
MATERIAL SUPPORT FOR TERRORIST ORGANIZATIONS.
Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.)
is amended by adding at the end the following new section:
``SEC. 40B. TRANSACTIONS WITH COUNTRIES HARBORING PERSONS THAT PROVIDE
MATERIAL SUPPORT FOR TERRORIST ORGANIZATIONS.
``(a) In General.--Except to the extent inconsistent with the
purposes of this section, the prohibitions contained in subsections (a)
and (b) of section 40 of this Act shall apply in the case of a country
described in subsection (b) to the same extent and in the same manner
as such prohibitions apply in the case of a country described in
subsection (d) of such section.
``(b) Country Described.--
``(1) In general.--A country described in this subsection
is a country the government of which the Secretary of State
determines has knowledge of any persons that are located within
the territory of the country that provide material support for
terrorist organizations, including the selling of materials
that produce income for terrorist organizations.
``(2) Person defined.--In this paragraph, the term `person'
has the meaning given the term in section 5 of the End
Financing to ISIL Act.
``(c) Applicability of Other Provisions.--Except to the extent
inconsistent with the purposes of this section, the provisions of
subsections (e), (f), (g) (other than paragraph (2) of such
subsection), (h), (i), (j), (k), and (l) (other than paragraphs (1),
(4), and (5) of such subsection) of section 40 of this Act shall apply
with respect to the application of this section to the same extent and
in the same manner as such provisions apply with respect to the
application of such section 40.''.
SEC. 5. DEFINITIONS.
In this Act:
(1) ISIL.--The term ``ISIL'' means any terrorist
organization referred to as the Islamic State of Iraq and the
Levant, as well as any successor organization.
(2) Person.--
(A) In general.--The term ``person'' means--
(i) a natural person;
(ii) a corporation, business association,
partnership, society, trust, financial
institution, insurer, underwriter, guarantor,
and any other business organization, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise; and
(iii) any successor to any entity described
in clause (ii).
(B) Application to governmental entities.--The term
``person'' does not include a government or
governmental entity that is not operating as a business
enterprise. | End Financing to ISIL Act - Directs the Secretary of the Treasury and the Secretary of State to jointly submit to Congress an annual report that: identifies each person that provides material or financial support to the Islamic State of Iraq and the Levant, as well as any successor organization (ISIL), including purchasing oil or other materials that fund ISIL or other terrorist organizations in the region; identifies the country in which such person is located and describes actions taken by the Secretaries to notify the government of such country of these activities; and describes actions taken by the government of such country to restrict these activities. Directs the President to suspend foreign military sales and financing under the Arms Export Control Act to a listed country that has not taken actions to restrict persons in that country from providing material or financial support to ISIL. Amends the Arms Export Control Act to apply the same transaction prohibitions provided for by that Act against countries supporting acts of international terrorism to a country whose government has knowledge of persons within its territory that provide material support for terrorist organizations, including selling materials that produce income for such organizations. | End Financing to ISIL Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FEC Reauthorization Act of 1998''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL ELECTION COMMISSION
FOR FISCAL YEAR 1999.
Section 314 of the Federal Election Campaign Act of 1971 (2 U.S.C.
439c) is amended--
(1) by striking ``and $9,400,000'' and inserting
``$9,400,000''; and
(2) by striking the period at the end and inserting the
following: ``, and $33,700,000 for the fiscal year ending
September 30, 1999, of which $2,800,000 shall be available only
if at least 4 members of the Commission vote not later than
September 30, 1998, to adopt a re-prioritization plan for the
purpose of improving enforcement procedures and preventing the
unnecessary dismissal of appropriate enforcement actions.''.
SEC. 3. APPOINTMENT AND SERVICE OF STAFF DIRECTOR AND GENERAL COUNSEL
OF COMMISSION.
(a) Appointment; Length of Term of Service.--
(1) In general.--The first sentence of section 306(f)(1) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(f)(1))
is amended by striking ``by the Commission'' and inserting the
following: ``by an affirmative vote of not less than 4 members
of the Commission and may not serve for a term of more than 4
consecutive years without reappointment in accordance with this
paragraph''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any individual serving as the staff
director or general counsel of the Federal Election Commission
on or after January 1, 1999, without regard to whether or not
the individual served as staff director or general counsel
prior to such date.
(b) Treatment of Individuals Filling Vacancies; Termination of
Authority Upon Expiration of Term.--Section 306(f)(1) of such Act (2
U.S.C. 437c(f)(1)) is amended by inserting after the first sentence the
following new sentences: ``An individual appointed as a staff director
or general counsel to fill a vacancy occurring other than by the
expiration of a term of office shall be appointed only for the
unexpired term of the individual he or she succeeds. An individual
serving as staff director or general counsel may not serve in any
capacity on behalf of the Commission after the expiration of the
individual's term unless reappointed in accordance with this
paragraph.''.
SEC. 4. ALTERNATIVE PROCEDURES FOR IMPOSITION OF PENALTIES FOR
REPORTING VIOLATIONS.
(a) In General.--Section 309(a)(4) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 437g(a)(4)) is amended--
(1) in subparagraph (A)(i), by striking ``clause (ii)'' and
inserting ``clause (ii) and subparagraph (C)''; and
(2) by adding at the end the following new subparagraph:
``(C)(i) Notwithstanding subparagraph (A), in the case of a
violation of any requirement under this Act relating to the reporting
of receipts or disbursements, the Commission may--
``(I) find that a person committed such a violation on the
basis of information obtained pursuant to the procedures
described in paragraphs (1) and (2); and
``(II) based on such finding, require the person to pay a
civil money penalty in an amount determined under a schedule of
penalties which is established and published by the Commission
and which takes into account the amount of the violation
involved, the existence of previous violations by the person,
and such other factors as the Commission considers appropriate.
``(ii) The Commission may not make any determination adverse to a
person under clause (i) until the person has been given written notice
and an opportunity for the determination to be made on the record.
``(iii) Any person against whom an adverse determination is made
under this subparagraph may obtain a review of such determination in
the district court of the United States for the district in which the
person is found, resides, or transacts business, by filing in such
court (prior to the expiration of the 30-day period which begins on the
date the person receives notification of the determination) a written
petition requesting that the determination be modified or set aside.''.
(b) Conforming Amendment.--Section 309(a)(6)(A) of such Act (2
U.S.C. 437g(a)(6)(A)) is amended by striking ``paragraph (4)(A)'' and
inserting ``paragraph (4)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after January 1, 1999.
SEC. 5. STANDARD FOR INITIATION OF ACTIONS BY FEC.
(a) In General.--Section 309(a)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 437g(a)(2)) is amended to read as follows:
``(2) Not later than 90 days after the time for responding to a
complaint under paragraph (1) has elapsed for all respondents, the
general counsel of the Commission shall provide a recommendation to the
Commission regarding whether there is sufficient or insufficient reason
for the Commission to investigate any violation alleged in the
complaint. If the Commission, upon receiving a complaint under
paragraph (1) (or on the basis of information ascertained in the normal
course of carrying out its supervisory responsibilities), determines by
an affirmative vote of 4 of its members that it has a sufficient reason
to investigate whether a person has committed (or is about to commit) a
violation of this Act or of chapter 95 or chapter 96 of the Internal
Revenue Code of 1986, the Commission (through its chair or vice chair)
shall notify the person of the alleged violation, and shall set forth
in such notification the factual and legal basis for such alleged
violation. The Commission shall make an investigation of such alleged
violation (which may include a field investigation or audit) in
accordance with the provisions of this section.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to complaints filed on or after January 1, 1999. | FEC Reauthorization Act of 1998 - Amends the Federal Election Campaign Act of 1971 (FECA) to authorize appropriations for the Federal Election Commission for FY 1999. Conditions availability of a specified amount of such funds on the Commission adopting a re-prioritization plan for improving enforcement procedures and preventing the unnecessary dismissal of appropriate enforcement actions.
Provides for the appointment of the Commission's staff director and general counsel by an affirmative vote of four Commissioners. Prohibits: (1) the staff director and general counsel of the Commission from serving for more than four consecutive years without reappointment; (2) an individual appointed to finish an unexpired term of office of a staff director or general counsel from serving beyond that term; or (3) a person serving as staff director or general counsel from subsequently serving in any Commission capacity unless reappointed.
Sets forth procedures allowing the Commission to find that a person violated FECA provisions involving the reporting of receipts or disbursements and to impose civil monetary penalties. Entitles any person to file a petition with the appropriate U.S. district court to obtain a review of an adverse determination under such procedures.
Requires the Commission's general counsel, within 90 days after the time for responding to a filed complaint has elapsed for all respondents, to provide a recommendation to the Commission regarding whether there is sufficient reason to investigate the violation alleged in the complaint. | FEC Reauthorization Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Against Child
Exploitation Act of 2017''.
SEC. 2. SEXUAL EXPLOITATION OF CHILDREN.
Section 2251 of title 18, United States Code, is amended--
(1) by amending subsections (a) and (b) to read as follows:
``(a) Any person who, in a circumstance described in subsection
(f), knowingly--
``(1) employs, uses, persuades, induces, entices, or
coerces a minor to engage in any sexually explicit conduct for
the purpose of producing any visual depiction of such conduct,
or transmitting a live visual depiction of such conduct;
``(2) produces or causes to be produced a visual depiction
of a minor engaged in any sexually explicit conduct where the
production of such visual depiction involves the use of a minor
engaging in sexually explicit conduct and such visual depiction
is of such conduct;
``(3) transmits or causes to be transmitted a live visual
depiction of a minor engaged in any sexually explicit conduct;
``(4) has a minor assist any other person to engage in any
sexually explicit conduct during the commission of an offense
set forth in paragraphs (1) through (3) of this subsection; or
``(5) transports any minor in or affecting interstate or
foreign commerce with the intent that such minor be used in the
production or live transmission of a visual depiction of a
minor engaged in any sexually explicit conduct,
shall be punished as provided under subsection (e).
``(b) Any parent, legal guardian, or person having custody or
control of a minor who, in a circumstance described in subsection (f),
knowingly permits such minor to engage in, or to assist any other
person to engage in, sexually explicit conduct knowing that a visual
depiction of such conduct will be produced or transmitted shall be
punished as provided under subsection (e).'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``employs, uses, persuades,
induces, entices, or coerces any minor to
engage in, or who has a minor assist any other
person to engage in, any sexually explicit
conduct'' and inserting ``engages in any
conduct described in paragraphs (1) through (5)
of subsection (a)''; and
(ii) by striking ``, for the purpose of
producing any visual depiction of such
conduct,'';
(B) in paragraph (2)(A), by inserting after
``transported'' the following: ``or transmitted''; and
(C) in paragraph (2)(B), by inserting after
``transports'' the following; ``or transmits'';
(3) by adding at the end the following:
``(f) The circumstances referred to in subsections (a) and (b)
are--
``(1) that the person knows or has reason to know that such
visual depiction will be--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed;
``(2) the visual depiction was produced or transmitted
using materials that have been mailed, or shipped or
transported in or affecting interstate or foreign commerce by
any means, including by computer;
``(3) such visual depiction has actually been--
``(A) transported or transmitted using any means or
facility of interstate or foreign commerce;
``(B) transported or transmitted in or affecting
interstate or foreign commerce; or
``(C) mailed; or
``(4) any part of the offense occurred in a territory or
possession of the United States or within the special maritime
and territorial jurisdiction of the United States.
``(g) Notwithstanding any other provision of this section, no
criminal charge under subsection (a)(3) may be brought against an
electronic communication service provider or remote computing service
provider unless such provider has intentionally transmitted or caused
to be transmitted a visual depiction with actual knowledge that such
depiction is of a minor engaged in sexually explicit conduct, nor may
any such criminal charge be brought if barred by the provisions of
section 2258B.''.
SEC. 3. LIMITED LIABILITY FOR CERTAIN PERSONS WHEN RESPONDING TO SEARCH
WARRANTS OR OTHER LEGAL PROCESS.
Section 2258B of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``from the response to
a search warrant or other legal process or'' before ``from the
performance''; and
(2) in subsection (b)(2)(C), by inserting ``the response to
a search warrant or other legal process or to'' before ``the
performance of any responsibility''.
Passed the House of Representatives May 25, 2017.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on May 22, 2017. Protecting Against Child Exploitation Act of 2017 (Sec. 2) This bill makes it a federal crime, subject to certain jurisdictional requirements, to: (1) knowingly produce or cause to be produced a visual depiction of a minor engaged in any sexually explicit conduct; (2) knowingly transmit a live depiction of a minor engaged in sexually explicit conduct; (3) have a minor assist any other person in producing or transmitting a depiction of a minor engaged in sexually explicit conduct; and (4) as parent or legal guardian, knowingly permit a minor to engage in sexually explicit conduct knowing that a visual depiction of such conduct will be produced or transmitted. The bill removes the "purpose" requirement for certain offenses involving the sexual exploitation of children occurring outside of the United States or within its territories or possessions. No criminal charges related to transmitting a live visual depiction of a minor engaged in sexually explicit conduct may be brought against an electronic communication service provider or remote computing service provider unless such provider has intentionally transmitted the visual depiction with actual knowledge of its content. (Sec. 3) Subject to certain exceptions, a civil claim or criminal charge against an electronic communication service provider, a remote computing service provider, or domain name registrar arising from the response to a search warrant or other legal process under various federal laws relating to sexual exploitation and other abuse of children may not be brought in any federal or state court. | Protecting Against Child Exploitation Act of 2017 |
SECTION 1. NATIONAL ACADEMY OF SCIENCE, SPACE, AND TECHNOLOGY.
(a) Amendments.--Section 621 of the Excellence in Mathematics,
Science, and Engineering Education Act of 1990 (20 U.S.C. 5411) is
amended--
(1) in subsection (a), by adding at the end the following:
``The Academy shall consist of a program of instruction leading
to baccalaureate degrees in science, mathematics, and
engineering at not less than 6 universities selected under
subsection (b)(3), with uniform curriculum criteria established
by the Secretary, in conjunction with the Director. The Academy
shall establish a permanent headquarters in the greater
metropolitan area of Youngstown-Warren, Ohio, for its
administrative staff and for use by the Board.'';
(2) in subsection (b) by striking ``Advisory'' in the
subsection heading;
(3) in subsection (b)(1)--
(A) by striking ``an Advisory Board for the
Academy'' and inserting in lieu thereof ``a Board of
the National Academy of Science, Space, and Technology
(in this section referred to as the `Board')''; and
(B) by inserting ``, along with the president of
each university selected under paragraph (3)'' after
``high-technology industries'';
(4) by amending subsection (b)(2) to read as follows:
``(2) Functions.--The Board shall--
``(A) develop an exam for secondary students
testing knowledge in science, mathematics, and
engineering, or select an exam from among existing
national exams, and annually administer such exam;
``(B) provide for the placement at one of the
Member Institutes of students awarded scholarships
under this section at the Academy;
``(C) administer the awarding of such scholarships;
and
``(D) establish a placement program to assist
recipients of awards under this section in obtaining
positions described in subsection (l)(1)(A).'';
(5) by inserting after subsection (b)(2) the following new
paragraph:
``(3) Selection of universities for academy.--The Board
shall select not less than 6 State universities that are
regional in scope and that have outstanding degree programs in
science, mathematics, and engineering to be designated as
Member Institutes of the Academy. The selections shall come
from universities that have applied to the Board and that have
demonstrated the willingness and capability to provide room, in
a separate dormitory or portion of a dormitory, and board to
scholarship winners and to offer the Academy's uniform
curriculum.'';
(6) in subsection (c)--
(A) by striking ``Advisory'';
(B) by inserting ``(A)'' after ``subsection
(b)(2)''; and
(C) by striking ``top scorer'' and inserting in
lieu thereof ``top 2 scorers'';
(7) in subsection (d)(1)--
(A) by striking ``Academy'' and inserting in lieu
thereof ``Board'';
(B) by striking ``pursue the baccalaureate degree
in fields of science, mathematics, or engineering'' and
inserting in lieu thereof ``attend the Academy''; and
(C) by striking ``subsection (l)'' and inserting in
lieu thereof ``subsection (k)'';
(8) in subsection (d)(2), by striking ``a Member
Institute'' and inserting in lieu thereof ``the Academy'';
(9) by striking subsection (d)(5);
(10) by striking subsection (j);
(11) by redesignating subsections (k), (l), and (m) as
subsections (j), (k), and (l), respectively;
(12) in subsection (j), as so redesignated by paragraph
(11) of this section--
(A) by amending paragraph (1) to read as follows:
``(1) Amount of award.--Except as provided in paragraph
(2), the amount of a scholarship awarded under this section
shall cover the full tuition and fees of the student at the
Academy.'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2); and
(13) in subsection (l), as so redesignated by paragraph
(11) of this section, by striking ``and such sums as may be
necessary for each of the 4 succeeding fiscal years'' and
inserting in lieu thereof ``, $9,000,000 for fiscal year 1994,
and such sums as may be necessary for subsequent fiscal
years''.
(b) Exception.--Notwithstanding the amendments made by subsection
(a), a student who has received an award under section 621 of the
Excellence in Mathematics, Science, and Engineering Education Act of
1990 before the date of enactment of this Act may elect to complete
eligibility for awards under such section pursuant to the provisions of
that section as in effect before the effectiveness of the amendments
made by subsection (a) of this section.
SEC. 2. CONSTRUCTION OF HEADQUARTERS FOR NATIONAL ACADEMY OF SCIENCE,
SPACE, AND TECHNOLOGY.
(a) Construction.--The Administrator of General Services shall
construct a public building in the greater metropolitan area of
Youngstown-Warren, Ohio, to provide space for the headquarters of the
National Academy of Science, Space, and Technology to be established
pursuant to section 621(a) of the Excellence in Mathematics, Science,
and Engineering Education Act of 1990 (as amended by section 1 of this
Act).
(b) Site.--The Administrator shall acquire by purchase, donation,
or otherwise such lands as may be necessary to serve as the site for
the building to be constructed under subsection (a). Such site shall be
sufficient to accommodate future expansion of the building.
(c) Size of Building.--The size of the building to be constructed
under subsection (a) shall be sufficient to provide office space for
the National Academy of Science, Space, and Technology and its
administrative staff and to provide meeting facilities for the Board of
the National Academy of Science, Space, and Technology.
(d) Parking Facility.--The Administrator shall construct a parking
facility for the building to be constructed under subsection (a) in
order to provide parking spaces for employees and visitors of the
National Academy of Science, Space, and Technology.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal years
beginning after September 30, 1993. | Amends the Excellence in Mathematics, Science, and Engineering Education Act of 1990 to require that the National Academy of Science, Space, and Technology (the Academy) consist of a program of instruction leading to baccalaureate degrees in science, mathematics, and engineering at a minimum of six State universities selected by the Academy's Board (which replaces an Advisory Board).
Requires the Board to: (1) administer an exam and the awarding of scholarships; and (2) provide for placement of scholarship award recipients at one of the Member Institutes and in positions to fulfill service requirements.
Expands the scholarship program to include the top two scorers, rather than just the top scorer, on the exam in each congressional district. Provides that a scholarship shall cover the full tuition and fees of the student at the Academy (currently the scholarship is $5,000 per academic year). Extends and increases the authorization of appropriations.
Directs the Administrator of General Services to construct the Academy's headquarters in the greater metropolitan area of Youngstown-Warren, Ohio. Authorizes appropriations. | To amend the Excellence in Mathematics, Science, and Engineering Education Act of 1990 to establish the National Academy of Science, Space, and Technology at State universities, to expand the scholarship program associated with such Academy, to direct the Administrator of General Services to construct a public building to provide space for the headquarters of such Academy, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonus Depreciation and Enhanced
Expensing for Small Businesses Extension Act of 2009''.
SEC. 2. EXTENSION OF INCREASED EXPENSING FOR SMALL BUSINESSES.
(a) In General.--Paragraph (7) of section 179(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``or 2009'' and inserting ``2009, or
2010'', and
(2) by striking ``and 2009'' in the heading thereof and
inserting ``2009, or 2010''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 3. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED DURING 2010.
(a) Extension of Special Allowance.--
(1) In general.--Paragraph (2) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2011'' and inserting
``January 1, 2012'', and
(B) by striking ``January 1, 2010'' each place it
appears and inserting ``January 1, 2011''.
(2) Conforming amendments.--
(A) The heading for subsection (k) of section 168
of such Code is amended by striking ``2010'' and
inserting ``2011''.
(B) The heading for clause (ii) of section
168(k)(2)(B) of such Code is amended by striking ``pre-
january 1, 2010'' and inserting ``pre-january 1,
2011''.
(C) Subparagraph (B) of section 168(l)(5) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(D) Subparagraph (C) of section 168(n)(2) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(E) Subparagraph (B) of section 1400N(d)(3) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(b) Extension of Election To Accelerate the AMT and Research
Credits in Lieu of Bonus Depreciation.--Section 168(k)(4) of such Code
(relating to election to accelerate the AMT and research credits in
lieu of bonus depreciation) is amended--
(1) by striking ``January, 1, 2010'' and inserting
``January 1, 2011'' in subparagraph (D)(iii), and
(2) by adding at the end the following new subparagraph:
``(I) Special rules for 2010 extension property.--
``(i) Taxpayers previously electing
acceleration.--In the case of a taxpayer who
made the election under subparagraph (A) for
its first taxable year ending after March 31,
2008--
``(I) the taxpayer may elect not to
have this paragraph apply to 2010
extension property, but
``(II) if the taxpayer does not
make the election under subclause (I),
in applying this paragraph to the
taxpayer a separate bonus depreciation
amount, maximum amount, and maximum
increase amount shall be computed and
applied to eligible qualified property
which is 2010 extension property and to
eligible qualified property which is
not 2010 extension property.
``(ii) Taxpayers not previously electing
acceleration.--In the case of a taxpayer who
did not make the election under subparagraph
(A) for its first taxable year ending after
March 31, 2008--
``(I) the taxpayer may elect to
have this paragraph apply to its first
taxable year ending after December 31,
2009, and each subsequent taxable year,
and
``(II) if the taxpayer makes the
election under subclause (I), this
paragraph shall only apply to eligible
qualified property which is 2010
extension property.
``(iii) Modification of maximum increase
amount.--In applying this paragraph with
respect to 2010 extension property,
subparagraph (C)(iii) shall be applied without
regard to subclause (II) thereof.
``(iv) 2010 extension property.--For
purposes of this subparagraph, the term `2010
extension property' means property which is
eligible qualified property solely by reason of
the extension of the application of the special
allowance under paragraph (1) pursuant to the
amendments made by section 3 of the Bonus
Depreciation and Enhanced Expensing for Small
Businesses Extension Act of 2009 (and the
application of such extension to this paragraph
pursuant to the amendment made by section
3(b)(1) of such Act).''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009, in taxable
years ending after such date. | Bonus Depreciation and Enhanced Expensing for Small Businesses Extension Act of 2009 - Amends the Internal Revenue Code to extend through 2010: (1) the increased expensing allowance for depreciable small business assets (i.e., $250,000); (2) bonus depreciation for depreciable business property; and (3) the taxpayer election to accelerate alternative minimum tax and research tax credits in lieu of bonus depreciation. Sets forth special rules for taxpayers who previously elected acceleration of such credits and for those who did not. | To amend the Internal Revenue Code of 1986 to extend the increase in the expensing deduction for small businesses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Jobs Tax Credit Act
of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In many parts of the United States, segments of large
cities, smaller cities, and rural areas are experiencing
population loss and low job growth that hurt the surrounding
communities.
(2) In areas hurt by low job growth, people are forced to
leave the communities they have lived in their whole life to
secure a job.
(3) A small business tax credit to promote jobs in areas
suffering from low job growth and population loss would spur
economic growth and would provide incentives for businesses to
take advantage of an often underutilized, well-educated
workforce.
(4) By promoting economic growth, such a tax credit would
revitalize these areas that are less likely to receive other
Federal investments.
SEC. 3. EXPANSION OF WORK OPPORTUNITY TAX CREDIT.
(a) In General.--Section 51(d)(1) of the Internal Revenue Code of
1986 (relating to members of targeted groups) is amended by striking
``or'' at the end of subparagraph (G), by striking the period at the
end of subparagraph (H) and inserting ``, or'', and by adding at the
end the following:
``(I) a qualified small business employee.''.
(b) Qualified Small Business Employee.--Section 51(d) of the
Internal Revenue Code of 1986 is amended by redesignating paragraphs
(10) through (12) as paragraphs (11) through (13), respectively, and by
inserting after paragraph (9) the following:
``(10) Qualified small business employee.--
``(A) In general.--The term `qualified small
business employee' means any individual--
``(i) hired by a qualified small business
located in a development zone, or
``(ii) hired by a qualified small business
and who is certified by the designated local
agency as residing in such a development zone.
``(B) Qualified small business.--The term
`qualified small business' has the meaning given the
term `small employer' by section 4980D(d)(2).
``(C) Development zone.--For purposes of this
section--
``(i) In general.--The term `development
zone' means any area--
``(I) which is nominated under the
procedures defined in sections
1400E(a)(1)(A) and 1400E(a)(4) for
renewal communities;
``(II) which the Secretary of
Housing and Urban Development
designates as a development zone, after
consultation with the Secretary of
Commerce;
``(III) which has a population of
not less than 5,000 and not more than
150,000;
``(IV) which has a poverty rate not
less than 20 percent (within the
meaning of section 1400E(c)(3)(C));
``(V) which has an average annual
rate of job growth of less than 2
percent during any 3 years of the
preceding 5-year period; and
``(VI) which, during the period
beginning January 1, 1990 and ending
with the date of the enactment of this
Act, has a net out-migration of
inhabitants, or other population loss,
from the area of at least 2 percent of
the population of the area during such
period.
``(ii) Number of designations.--The
Secretary of Housing and Urban Development may
not designate more than 100 development zones.
``(D) Special rules for determining amount of
credit.--For purposes of applying this subpart to wages
paid or incurred to any qualified small business
employee--
``(i) subsection (a) shall be applied by
substituting ``20 percent of the qualified
first, second, third, fourth, or fifth year
wages'' for ``40 percent of the qualified first
year wages'', and
``(ii) in lieu of paragraphs (2) and (3) of
subsection (b), the following definitions and
special rule shall apply:
``(I) Qualified first-year wages.--
The term `qualified first-year wages'
means, with respect to any individual,
qualified wages attributable to service
rendered during the 1-year period
beginning with the day the individual
begins work for the employer.
``(II) Qualified second-year
wages.--The term `qualified second-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (I).
``(III) Qualified third-year
wages.--The term `qualified third-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (II).
``(IV) Qualified fourth-year
wages.--The term `qualified fourth-year
wages' means, with respect to any
individual, qualified wages
attributable to service rendered during
the 1-year period beginning on the day
after the last day of the 1-year period
with respect to such individual
determined under subclause (III).
``(V) Qualified fifth-year wages.--
The term `qualified fifth-year wages'
means, with respect to any individual,
qualified wages attributable to service
rendered during the 1-year period
beginning on the day after the last day
of the 1-year period with respect to
such individual determined under
subclause (IV).
``(VI) Only first $15,000 of wages
per year taken into account.--The
amount of the qualified first, second,
third, fourth, and fifth year wages
which may be taken into account with
respect to any individual shall not
exceed $15,000 per year.''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act. | Small Business Jobs Tax Credit Act of 2004 - Amends the Internal Revenue Code to include qualified small business employees as a targeted group eligible for the work opportunity tax credit. Defines "qualified small business employee" as an individual who resides in and is hired by a small business located in a development zone. Defines "development zone" as any area which has (1) a development zone designation and a nomination as a renewal community; (2) a population between 5,000 and 150,000; (3) a certain level of poverty; (4) an annual average rate of job growth of less than two percent over a specified period; and (5) a population loss of at least two percent since 1990. Sets forth special rules for determining the amount of the allowable credit based upon wages paid to employees in a development zone over a five-year period. | A bill to amend the Internal Revenue Code of 1986 to expand the work opportunity tax credit for small business jobs creation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Speech and Citizen Fairness Act
of 2010''.
SEC. 2. REPEAL OF ANNUAL AGGREGATE LIMIT ON AMOUNT OF CONTRIBUTIONS BY
INDIVIDUALS.
(a) In General.--Section 315(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(a)) is amended by striking paragraph (3).
(b) Conforming Amendments.--Section 315(c) of such Act (2 U.S.C.
441a(c)) is amended--
(1) in paragraph (1)(B)(i), by striking ``(a)(3),'';
(2) in paragraph (1)(C), by striking ``(a)(3),''; and
(3) in paragraph (2)(B)(ii), by striking ``(a)(3),''.
SEC. 3. REPEAL OF LIMITATIONS ON AMOUNT OF COORDINATED EXPENDITURES BY
POLITICAL PARTIES.
(a) In General.--Section 315(d) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(d)) is amended--
(1) by striking ``(d)(1)'' and inserting ``(d)'';
(2) by striking ``, subject to the limitations contained in
paragraphs (2), (3), and (4) of this subsection''; and
(3) by striking paragraphs (2), (3), and (4).
(b) Conforming Amendments.--Section 315(c) of such Act (2 U.S.C.
441a(c)) is amended--
(1) in paragraph (1)(B)(i), by striking ``(d),''; and
(2) in paragraph (2)(B)(i), by striking ``subsections (b)
and (d),'' and inserting ``subsection (b),''.
SEC. 4. BLOGGER PROTECTION.
(a) Exemption of Uncompensated Individual Internet Activity From
Treatment as Contribution or Expenditure.--
(1) Exemptions.--
(A) Exemption from treatment as contribution.--
Section 301(8)(B) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431(8)(B)) is amended--
(i) by striking ``and'' at the end of
clause (xiii);
(ii) by striking the period at the end of
clause (xiv) and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(xv) any uncompensated personal services related to
Internet activities, or use of equipment or services for
uncompensated Internet activities, that are engaged in by any
individual, group of individuals, or corporation wholly owned
by one or more individuals that engages primarily in Internet
activities and does not derive a substantial portion of its
revenue from sources other than income from its Internet
activities, other than--
``(I) any payment for a public communication (other
than a nominal fee),
``(II) any payment for the purchase or rental of an
email address list made at the direction of a political
committee, or
``(III) any payment for an email address list that
is transferred to a political committee.''.
(B) Exemption from treatment as expenditure.--
Section 301(9)(B) of such Act (2 U.S.C. 431(9)(B)) is
amended--
(i) by striking ``and'' at the end of
clause (ix);
(ii) by striking the period at the end of
clause (x) and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(xi) any uncompensated personal services related to
Internet activities, or use of equipment or services for
uncompensated Internet activities, that are engaged in by any
individual, group of individuals, or corporation wholly owned
by one or more individuals that engages primarily in Internet
activities and does not derive a substantial portion of its
revenue from sources other than income from its Internet
activities, other than--
``(I) any payment for a public communication (other
than a nominal fee),
``(II) any payment for the purchase or rental of an
email address list made at the direction of a political
committee, or
``(III) any payment for an email address list that
is transferred to a political committee.''.
(2) Internet activity defined.--Section 301 of such Act (2
U.S.C. 431) is amended by adding at the end the following new
paragraph:
``(27) Internet Activity.--The term `Internet activity' includes
sending or forwarding electronic messages, providing a hyperlink or
other direct access to another person's Web site, blogging, creating,
maintaining, or hosting a Web site, paying a nominal fee for the use of
another person's Web site, and any other form of communication
distributed over the Internet.''.
(b) Coverage of Blogs and Other Internet and Electronic
Publications Under General Media Exemption.--Section 301(9)(B)(i) of
such Act (2 U.S.C. 431(9)(B)(i)) is amended by inserting ``including
any Internet or electronic publication (including a blog),'' after
``periodical publication,''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
expenditures and disbursements made during 2010 or any succeeding year. | Free Speech and Citizen Fairness Act of 2010 - Amends the Federal Election Campaign Act of 1971 to repeal the annual aggregate limit on the amount of contributions by individuals in a federal election campaign to: (1) candidates and their authorized committees; and (2) political committees which are not political committees of national political parties.
Repeals the limitations on the amount of coordinated or independent expenditures in a federal election campaign by national or state political parties.
Exempts from treatment as a contribution or an expenditure in a federal election campaign any uncompensated personal services related to Internet activities, or use of equipment or services for uncompensated Internet activities, engaged in by any individual, group of individuals, or corporation wholly owned by one or more individuals that: (1) engages primarily in Internet activities; and (2) does not derive a substantial portion of its revenue from sources other than income from its Internet activities.
States that "Internet activity" includes: (1) sending or forwarding electronic messages; (2) providing a hyperlink or other direct access to another person's website; (3) blogging; (4) creating, maintaining, or hosting a website; (5) paying a nominal fee for the use of another person's website; and (6) any other form of communication distributed over the Internet.
Extends the general media exemption from treatment as an expenditure to any Internet or electronic publication (including a blog). | To amend the Federal Election Campaign Act of 1971 to repeal the limitation on the annual aggregate amount of contributions individuals may make to candidates for election for Federal office, to repeal the limitations on the amount of coordinated expenditures by political parties, and to protect uncompensated Internet activity by individuals from treatment as a contribution or expenditure under the Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Fire and Emergency
Services Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``Agency'' means the Federal
Emergency Management Agency.
(2) Burn program.--The term ``burn program'' means the Burn
Services Grant Program established by section 3(a).
(3) Director.--The term ``Director'' means the Director of
the Agency.
(4) Fire program.--The term ``fire program'' means the
``Fire Services Grant Program'' established under section 4(a).
SEC. 3. BURN SERVICES GRANT PROGRAM.
(a) Establishment.--There is established within the Agency a grant
program to be known as the ``Burn Services Grant Program''.
(b) Competitive Grants.--The Director may make a grant under the
burn program, on a competitive basis, to--
(1) a safety organization that has experience in conducting
burn safety programs, for the purpose of assisting the
organization in conducting or augmenting a burn prevention
program;
(2) a hospital that serves as a regional burn center, for
the purpose of conducting acute burn care research; or
(3) a governmental or nongovernmental entity, for the
purpose of providing after-burn treatment and counseling to
individuals that are burn victims.
(c) Program Office.--The Director shall establish within the Agency
an office to--
(1) establish criteria for use by the Director in awarding
grants under the burn program; and
(2) administer grants awarded under the burn program.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000, to remain available
until expended.
SEC. 4. FIRE SERVICES GRANT PROGRAM.
(a) Establishment.--The Director shall establish within the Agency
a grant program known as the ``Fire Services Grant Program'' to award
grants to volunteer, paid, and combined volunteer-paid departments that
provide fire and emergency medical services.
(b) Use of Funds.--A grant awarded under the fire program may be
used to--
(1) acquire--
(A) personal protective equipment required for
firefighting personnel by the Occupational Safety and
Health Administration; and
(B) other personal protective equipment for
firefighting personnel;
(2) acquire additional firefighting equipment, including
equipment for communication and monitoring;
(3) establish wellness and fitness programs for
firefighting personnel to reduce the number of injuries and
deaths related to health and conditioning problems;
(4) promote professional development of fire code
enforcement personnel;
(5) integrate computer technology to improve records
management and training capabilities;
(6) train firefighting personnel in--
(A) firefighting;
(B) emergency response; and
(C) arson prevention and detection;
(7) enforce fire codes;
(8) fund fire prevention programs and public education
programs on--
(A) arson prevention and detection; and
(B) juvenile fire setter intervention; and
(9) modify fire stations, fire training facilities, and
other facilities to protect the health and safety of
firefighting personnel.
(c) Applications.--An applicant for a grant awarded under the fire
program shall submit to the Director an application that includes--
(1) a demonstration of the financial need of the applicant;
(2) evidence of a commitment by the applicant to provide
matching funds from non-Federal sources for the project that is
the subject of the application in an amount that is at least
equal to the amount of funds requested in the application;
(3) a cost-benefit analysis linking the funds requested to
improvements in public safety; and
(4) a commitment by the applicant to provide information to
the National Fire Incident Reporting System for the period for
which the grant is received.
(d) Audits.--The Director shall conduct audits of grant recipients
to ensure that grant funds are used for the purposes for which the
grant is awarded.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $80,000,000, to remain available
until expended.
SEC. 5. COOPERATIVE FORESTRY ASSISTANCE.
The Secretary of Agriculture shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out paragraphs
(1) through (3) of section 10(b) of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2106(b)), not to exceed $10,000,000, to remain
available until expended. | Requires the Director to establish within FEMA a Fire Services Grant Program to award grants to volunteer, paid, and combined volunteer-paid departments that provide fire and emergency medical services.
Directs the Secretary of Agriculture to use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out certain cooperative forestry assistance with respect to rural fire prevention and control. | 21st Century Fire and Emergency Services Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Educator and American
Community Housing Act of 2012''.
SEC. 2. HOUSING FOR EDUCATORS, PUBLIC SAFETY OFFICERS, AND MEDICAL
PROVIDERS.
Section 306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)) is amended by adding at the end the following:
``(26) Grants and loan guarantees to provide housing for
educators, public safety officers, and medical providers.--
``(A) Definitions.--In this paragraph:
``(i) Educator.--The term `educator' means
an individual who--
``(I) is employed full-time as a
teacher, principal, or administrator
by--
``(aa) a public elementary
school or secondary school that
provides direct services to
students in grades
prekindergarten through grade
12, or a Head Start program;
and
``(bb) meets the
appropriate teaching
certification or licensure
requirements of the State for
the position in which the
individual is employed; or
``(II) is employed full-time as a
librarian, a career guidance or
counseling provider, an education aide,
or in another instructional or
administrative position for a public
elementary school or secondary school.
``(ii) Medical provider.--The term `medical
provider' means--
``(I) a licensed doctor of medicine
or osteopathy;
``(II) an American Indian, Alaska
Native, or Native Hawaiian recognized
as a traditional healing practitioner;
``(III) a health care provider
that--
``(aa) is licensed or
certified under Federal or
State law, as applicable; and
``(bb) is providing
services that are eligible for
coverage under a plan under the
Federal Employees Health
Benefits Program under chapter
89 of title 5, United States
Code;
``(IV) a provider authorized under
section 119 of the Indian Health Care
Improvement Act (25 U.S.C. 1616l); or
``(V) any other individual that the
Secretary determines is capable of
providing health care services.
``(iii) Public safety officer.--The term
`public safety officer' means an individual who
is employed full-time--
``(I) as a law enforcement officer
by a law enforcement agency of the
Federal Government, a State, a unit of
general local government, or an Indian
tribe; or
``(II) as a firefighter by a fire
department of the Federal Government, a
State, a unit of general local
government, or an Indian tribe.
``(iv) Qualified community.--The term
`qualified community' means any open country,
or any place, town, village, or city--
``(I) that is not part of or
associated with an urban area; and
``(II) that--
``(aa) has a population of
not more than 2,500; or
``(bb)(AA) has a population
of not more than 10,000; and
``(BB) is not accessible by
a motor vehicle, as defined in
section 30102 of title 49,
United States Code.
``(v) Qualified housing.--The term
`qualified housing' means housing for
educators, public safety officers, or medical
providers that is located in a qualified
community.
``(vi) Qualified project.--The term
`qualified project' means--
``(I) the construction,
modernization, renovation, or repair of
qualified housing;
``(II) the payment of interest on
bonds or other financing instruments
(excluding instruments used for
refinancing) that are issued for the
construction, modernization,
renovation, or repair of qualified
housing;
``(III) the repayment of a loan
used--
``(aa) for the
construction, modernization,
renovation, or repair of
qualified housing; or
``(bb) to purchase real
property on which qualified
housing will be constructed;
``(IV) purchasing or leasing real
property on which qualified housing
will be constructed, renovated,
modernized, or repaired; or
``(V) any other activity normally
associated with the construction,
modernization, renovation, or repair of
qualified housing, as determined by the
Secretary.
``(vii) Educational service agency,
elementary school, local educational agency,
secondary school, state educational agency.--
The terms `educational service agency',
`elementary school', `local educational
agency', `secondary school', and `State
educational agency' have the meanings given
those terms in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(B) Grants.--The Secretary may make a grant to an
applicant to carry out a qualified project.
``(C) Loan guarantees.--The Secretary may guarantee
a loan made to an applicant for the construction,
modernization, renovation, or repair of qualified
housing.
``(D) Financing mechanisms.--The Secretary may make
payments of interest on bonds, loans, or other
financial instruments (other than financial instruments
used for refinancing) that are issued to an applicant
for a qualified project.
``(E) Application.--An applicant that desires a
grant, loan guarantee, or payment of interest under
this paragraph shall submit to the Secretary an
application that--
``(i) indicates whether the qualified
housing for which the grant, loan guarantee, or
payment of interest is sought is located in a
qualified community;
``(ii) identifies the applicant;
``(iii) indicates whether the applicant
prefers to receive a grant, loan guarantee, or
payment of interest under this paragraph;
``(iv) describes how the applicant would
ensure the adequate maintenance of qualified
housing assisted under this paragraph;
``(v) demonstrates a need for qualified
housing in a qualified community, which may
include a deficiency of affordable housing, a
deficiency of habitable housing, or the need to
modernize, renovate, or repair housing;
``(vi) describes the expected impact of the
grant, loan guarantee, or payment of interest
on--
``(I) educators, public safety
officers, and medical providers in a
qualified community, including the
impact on recruitment and retention of
educators, public safety officers, and
medical providers; and
``(II) the economy of a qualified
community, including--
``(aa) any plans to use
small business concerns for the
construction, modernization,
renovation, or repair of
qualified housing; and
``(bb) the short- and long-
term impact on the rate of
employment in the qualified
community; and
``(vii) describes how the applicant would
ensure that qualified housing assisted under
this paragraph is used for educators, public
safety officers, and medical providers.
``(F) Input from state director of rural
development.--The State Director of Rural Development
for a State may submit to the Secretary an evaluation
of any application for a qualified project in the State
for which an application for assistance under this
paragraph is submitted and the Secretary shall take
into consideration the evaluation in determining
whether to provide assistance.
``(G) Priority.--In awarding grants and making loan
guarantees and payments of interest under this
paragraph, the Secretary shall give priority to an
applicant that is--
``(i) a State educational agency or local
educational agency;
``(ii) an educational service agency;
``(iii) a State or local housing authority;
``(iv) an Indian tribe or tribal
organization, as those terms are defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b);
``(v) a tribally designated housing entity;
``(vi) a local government; or
``(vii) a consortium of any of the entities
described in clauses (i) through (vi).
``(H) Limitation.--The Secretary may provide
assistance to the same applicant under only 1 of
subparagraphs (B), (C), and (D).
``(I) Requirement.--As a condition of eligibility
for a grant, loan guarantee, or payment of interest
under this paragraph, at least 1 named applicant shall
be required to maintain ownership of the qualified
housing that is the subject of the grant, loan
guarantee, or payment of interest during the greater
of--
``(i) 15 years; or
``(ii) the period of the loan for which a
loan guarantee or payment of interest is made
under this paragraph.
``(J) Reporting.--
``(i) By applicants.--Not later than 2
years after the date on which an applicant
receives a grant, loan guarantee, or payment of
interest under this paragraph, the applicant
shall submit to the Secretary a report that--
``(I) describes how the grant, loan
guarantee, or payment of interest was
used; and
``(II) contains an estimate of the
number of jobs created or maintained by
use of the grant, loan guarantee, or
payment of interest.
``(ii) By gao.--Not later than 2 years
after the date of enactment of this paragraph,
the Comptroller General of the United States
shall submit to Congress a report evaluating
the program under this paragraph.
``(K) Authorization of appropriations.--
``(i) In general.--There is authorized to
be appropriated to the Secretary $50,000,0000
for fiscal year 2012, and each fiscal year
thereafter.
``(ii) Availability.--Any amounts
appropriated to carry out this paragraph shall
remain available for obligation by the
Secretary during the 3-year period beginning on
the date of the appropriation.
``(iii) Use of funds.--Of any amounts
appropriated for a fiscal year to carry out
this paragraph, the Secretary shall use--
``(I) not less than 50 percent to
make grants under this paragraph;
``(II) not more than 5 percent to
carry out national activities under
this paragraph, including providing
technical assistance and conducting
outreach to qualified communities; and
``(III) any amounts not expended in
accordance with subclauses (I) and (II)
to make loan guarantees and payments of
interest under this paragraph.''. | Rural Educator and American Community Housing Act of 2012 - Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Housing and Urban Development (HUD) to provide grants, loan guarantees, or other financial mechanisms to eligible educators, medical providers, and public safety officers to carry out a qualified project in a qualified community.
Defines a "qualified project" as: (1) the construction, modernization, renovation, or repair of qualified housing for such eligible individuals; (2) the payment of interest on bonds or other financing instruments (except refinancing instruments) issued for such activities; or (3) the repayment of a loan used for such construction and so forth, or to purchase or lease real property for qualified housing purposes.
Defines a "qualified community" as any open country, or any place, town, village, or city that is not part of or associated with an urban area and that has a population between 2,500 to 10,000, and is not accessible by a motor vehicle.
Authorizes the State Director of Rural Development for a state to evaluate for the Secretary any application for a qualified project in the state. Requires the Secretary to take the evaluation into consideration in determining whether to provide such assistance.
Requires the Secretary to give priority to: (1) a state education agency (SEA) or local educational agency (LEA), (2) a state or local housing authority, (3) an Indian tribe or tribal organization, (4) a tribally designated housing entity, (5) a local government, or (6) a consortium of any such entities. | A bill to amend the Consolidated Farm and Rural Development Act to provide and improve housing in rural areas for educators, public safety officers, and medical providers, and their households, and for other purposes. |
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