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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Track It to
Prevent It Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Improved climate assessments and dissemination and tracking of
results.
Sec. 5. Inclusion of letter of reprimands, nonpunitive letter of
reprimands and counseling statements.
Sec. 6. Service-wide 360 assessments.
Sec. 7. Health welfare inspections.
Sec. 8. Review of security of military installations, including
barracks and multi-family residences.
Sec. 9. Review of the Office of Diversity Management and Equal
Opportunity role in sexual harassment
cases.
Sec. 10. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Department of Defense, 3,374 sexual
assault cases involving a member of the Armed Forces were
reported in fiscal year 2012, a 6 percent increase in the
number of reported cases in fiscal year 2011.
(2) However, approximately 26,000 members of the Armed
Forces made an anonymous report of a sexual assault in fiscal
year 2012, a substantial increase from fiscal year 2011.
(3) According to the Department of Defense, of the 6.1
percent of female members of the Armed Forces who experienced
``unwanted sexual contact'' in fiscal year 2012, 77 percent
also experienced sexual harassment and, of the 1.2 percent of
male members of the Armed Forces who experienced ``unwanted
sexual contact'' in fiscal year 2012, 52 percent also
experienced sexual harassment.
(4) Sixty-two percent of those members who experienced
unwanted sexual contact also perceived some form of social,
administrative, or professional retaliation.
(5) Climate assessments are required by law and commanders
at all levels must comply as it is their core responsibility to
create a safe and healthy environment for the unit.
(6) Trends in bad behavior and reoccurring actions that
harm the members of the unit, such as sexual harassment and
sexual assault, must be identified earlier through improved
performance assessments and better reporting by commanders at
all levels.
(7) According to a recent Government Accountability Office
report, two of the primary reasons why members decide not to
report sexual harassment and sexual assault incidents are
because they do not think anything will be done about the
incident if they report it and they think that reporting the
incident will adversely impact their military career.
(8) As long as commanders at any level continue to condone
or ignore certain types of sexual misconduct, this behavior
will continue to be prevalent in the military obstructing the
change in culture.
SEC. 3. DEFINITIONS.
In this Act
(1) The term ``sexual harassment'' has the meaning given
such term in Department of Defense Directive 1350.2, Department
of Defense Military Equal Opportunity Program.
(2) The term ``sexual assault'' means any of the offenses
described in section 920 of title 10, United States Code
(article 120 of the Uniform Code of Military Justice).
SEC. 4. IMPROVED CLIMATE ASSESSMENTS AND DISSEMINATION AND TRACKING OF
RESULTS.
(a) Improved Dissemination of Results in Chain of Command.--The
Secretary of Defense shall ensure that the results of command climate
assessments are provided to the relevant individual commander and to
the next higher level of command.
(b) Performance Tracking.--
(1) Evidence of compliance.--The Secretary of each military
department shall include in the performance evaluations and
assessments used by each Armed Force under the jurisdiction of
the Secretary a designated form where senior commanders can
indicate whether the commander has conducted the required
climate assessments.
(2) Effect of failure to conduct assessment.--If a
commander is found to not have conducted the required climate
assessments, the failure shall be noted in the commander's
performance evaluation and be considered a serious factor
during consideration for any subsequent promotion.
(c) Tracking System.--The Inspector General of the Department of
Defense shall develop a system to track whether commanders are
conducting command climate assessments.
(d) Unit Compliance Reports.--Working with the Inspector General of
the Department of Defense, unit commanders shall gather all the climate
assessments from the unit and develop a compliance report that, at a
minimum, shall include the following:
(1) A comprehensive overview of the concerns members of the
unit expressed in the climate assessments.
(2) Data showing how leadership is perceived in the unit.
(3) A detailed strategic plan on how leadership plans to
address the expressed concerns.
SEC. 5. INCLUSION OF LETTER OF REPRIMANDS, NONPUNITIVE LETTER OF
REPRIMANDS AND COUNSELING STATEMENTS.
The Secretary of Defense shall require commanders to include letter
of reprimands, nonpunitive letter of actions and counseling statements
involving substantiated cases of sexual harassment or sexual assault in
the performance evaluation report of a member of the Armed Forces for
the purpose of--
(1) providing commanders increased visibility of the
background information of members of the unit;
(2) identifying and preventing trends of bad behavior early
and effectively disciplining repeated actions which hinder
units from fostering a healthy climate; and
(3) preventing the transfer of sexual offenders.
SEC. 6. SERVICE-WIDE 360 ASSESSMENTS.
(a) Adoption of 360-Degree Approach.--The Secretary of each
military department shall develop an assessment program modeled after
the current Department of the Army Multi-Source Assessment and Feedback
(MSAF) Program, known in this section as the ``360-degree approach''.
(b) Report on Inclusion in Performance Evaluation Reports.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report containing the
results of an assessment of the feasibility of including the 360-degree
approach as part of the performance evaluation reports.
(c) Individual Counseling.--The Secretary of each military
department shall include individual counseling as part of the
performance evaluation process.
SEC. 7. HEALTH WELFARE INSPECTIONS.
The Secretary of each military department shall conduct health
welfare inspections on a monthly basis in order to ensure and maintain
security, military readiness, good order, and discipline of all units
of the Armed Forces under the jurisdiction of the Secretary. Results of
the Health Welfare Inspections shall be provided to both the commander
and senior commander.
SEC. 8. REVIEW OF SECURITY OF MILITARY INSTALLATIONS, INCLUDING
BARRACKS AND MULTI-FAMILY RESIDENCES.
(a) Review of Security Measures.--The Secretary of Defense shall
conduct a review of security measures on United States military
installations, specifically with regard to barracks and multi-family
residences on military installations, for the purpose of ensuring the
safety of members of the Armed Forces and their dependents who reside
on military installations.
(b) Elements of Study.--In conducting the review under subsection
(a), the Secretary of Defense shall--
(1) identify security gaps on military installations; and
(2) evaluate the feasibility and effectiveness of using 24-
hour electronic monitoring or placing security personnel at all
points of entry into barracks and multi-family residences on
military installation.
(c) Submission of Results.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing the results of the study conducted under
subsection (a), including an estimate of the costs--
(1) to eliminate all security gaps identified under
subsection (b)(1); and
(2) to provide 24-hour security monitoring as evaluated
under subsection (b)(2).
SEC. 9. REVIEW OF THE OFFICE OF DIVERSITY MANAGEMENT AND EQUAL
OPPORTUNITY ROLE IN SEXUAL HARASSMENT CASES.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the Office of Diversity Management and Equal Opportunity for
the purposes specified in subsection (b).
(b) Elements of Study.--In conducting the review under subsection
(a), the Secretary of Defense shall--
(1) identify and evaluate the resource and personnel gaps
in the Office;
(2) identify and evaluate the role of the Office in sexual
harassment cases; and
(3) evaluate how the Office works with the Sexual Assault
Prevention and Response Office to address sexual harassment in
the Armed Forces.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Defense
such sums as may be necessary to carry out this Act for fiscal year
2014. | Track It to Prevent It Act - Directs: (1) the Secretary of Defense to ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command, (2) the Secretary of each military department to include in performance evaluations and assessments used by each Armed Force a designated form where senior commanders can indicate whether the commander has conducted the required climate assessments and to require that any failure to do so be noted in the commander's performance evaluation and considered a serious factor for any subsequent promotion, and (3) the Inspector General of the Department of Defense (DOD) to develop a system to track whether commanders are conducting such climate assessments. Requires unit commanders, working with the Inspector General, to gather all climate assessments from the unit and develop a compliance report that includes: (1) a comprehensive overview of the concerns members of the unit expressed, (2) data showing how leadership is perceived in the unit, and (3) a detailed strategic plan on how leadership plans to address the expressed concerns. Directs the Defense Secretary to require commanders to include letters of reprimand, non-punitive letters of actions, and counseling statements involving substantiated cases of sexual harassment or sexual assault in the performance evaluation report of a member of the Armed Forces for the purpose of: (1) providing commanders increased visibility of the background information of unit members, (2) identifying and preventing trends of bad behavior early and effectively disciplining repeated actions which hinder units from fostering a healthy climate, and (3) preventing the transfer of sexual offenders. Requires the Secretary of each military department to: (1) develop an assessment program modeled after the current Department of the Army Multi-Source Assessment and Feedback Program, (2) include individual counseling as part of the performance evaluation process, and (3) conduct health welfare inspections on a monthly basis and provide the results to both the commander and senior commander. Directs the Defense Secretary to: (1) conduct a review of security measures and identify security gaps on military installations; (2) evaluate the feasibility and effectiveness of using 24-hour electronic monitoring or placing security personnel at all points of entry into barracks and multi-family residences; and (3) conduct a review of the Office of Diversity Management and Equal Opportunity to identify and evaluate the resource and personnel gaps in the Office, identify and evaluate the Office's role in sexual harassment cases, and evaluate how the Office works with the Sexual Assault Prevention and Response Office to address sexual harassment in the Armed Forces. | Track It to Prevent It Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearm-Free Airport Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Commercial airports are critical to the economy and
economic competitiveness of the United States.
(2) Commercial airports and commercial aircraft are
essential elements of interstate commerce and the Supreme Court
has recognized the authority of Congress over all matters with
a close and substantial relation to interstate commerce.
(3) In 2007, commercial aviation contributed
$266,500,000,000, or 2 percent, to the gross domestic product
of the United States, employed, directly and indirectly,
10,881,000 people, and had a total economic impact of
$1,224,800,000,000.
(4) Commercial aviation is a vital channel of interstate
commerce and it is necessary that people and goods be able to
move through such a channel safely.
(5) Individuals and terrorist organizations use commercial
airports and commercial aircraft for premeditated, politically
motivated violence perpetrated against noncombatant targets.
(6) The terrorist attacks of September 11, 2001, in which
terrorists used 4 commercial aircraft to cause the deaths of
2,976 people, had a severe adverse impact on airlines in the
United States, resulted in $40,000,000,000 in property and
casualty claims, resulted in 18,000 businesses being
dislocated, disrupted, or destroyed, and displaced nearly
130,000 employees.
(7) Firearms in airports would have an adverse impact on
the economy of the United States.
(8) Firearms are prohibited in the sterile area of
airports.
(9) Congress has the power, under clause 3 of section 8 of
article I of the Constitution of the United States (commonly
referred to as the ``Commerce Clause'') and other provisions of
the Constitution, to enact measures to ensure the safety and
economic well-being of commercial airports in the United
States.
(10) It is important for Congress to regulate the
possession of firearms in commercial airport facilities to
facilitate commercial aviation traffic safety, to protect the
safety of passengers and goods flying on commercial aircraft,
and to preserve the economic stability of the commercial
aviation industry.
SEC. 3. PROHIBITION ON POSSESSION OF FIREARMS IN CERTAIN AIRPORT
BUILDINGS AND AIRFIELDS.
(a) In General.--Chapter 463 of title 49, United States Code, is
amended by inserting after section 46303 the following:
``Sec. 46303A. Prohibition on possession of firearms in certain airport
buildings and airfields
``(a) In General.--Except as provided in subsection (b), it shall
be unlawful for an individual to possess a firearm at a commercial
airport in any area in a terminal building, in any area adjacent to the
sterile area, in an airfield, or in any building that opens on to an
airfield.
``(b) Exceptions.--The prohibition in subsection (a) shall not
apply with respect to the following:
``(1) Individuals authorized to carry firearms under
section 1540.111(b) of title 49, Code of Federal Regulations
(or any corresponding similar regulation or ruling).
``(2) Members of the Armed Forces serving on active duty.
``(3) Individuals who bring firearms into an airport
building solely to check the firearms in checked baggage in
accordance with section 1540.111(c) of title 49, Code of
Federal Regulations (or any corresponding similar regulation or
ruling).
``(c) Penalty.--An individual who violates the prohibition in
subsection (a) shall be imprisoned for not more than 10 years, fined
under title 18, or both.
``(d) Definitions.--In this section:
``(1) Commercial airport.--The term `commercial airport'
means an airport that holds an airport operating certificate
under part 139 of title 14, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
``(2) Firearm.--The term `firearm' has the meaning given
that term in section 921 of title 18, United States Code.
``(3) Sterile area.--The term `sterile area' has the
meaning given that term in section 1540.5 of title 49, Code of
Federal Regulations (or any corresponding similar regulation or
ruling).''.
(b) Clerical Amendment.--The table of sections for chapter 463 of
title 49, United States Code, is amended by inserting after the item
relating to section 46303 the following:
``46303A. Prohibition on possession of firearms in certain airport
buildings and airfields.''.
SEC. 4. SIGNS WARNING OF PROHIBITION ON POSSESSION OF FIREARMS IN
AIRPORT TERMINAL BUILDINGS.
The Secretary of Transportation shall ensure that signs are posted
in airport terminal buildings to warn passengers of the prohibition on
the possession of firearms in airport terminal buildings and other
areas under section 46303A of title 49, United States Code, as added by
section 3. | Firearm-Free Airport Act - Makes it unlawful for all but specified authorized individuals to possess a firearm at a commercial airport in any area in a terminal building, in any area adjacent to the sterile area, in an airfield, or in any building that opens on to an airfield.
Prescribes criminal penalties for nonauthorized individuals who violate such prohibition.
Directs the Secretary of Transportation to ensure that signs warning passengers of such prohibition are posted in airport terminal buildings and other such areas. | A bill to prohibit individuals from carrying firearms in certain airports buildings and airfields, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Expedite and Advance
Responsible Tribal Homeownership Act of 2011'' or the ``HEARTH Act of
2011''.
SEC. 2. APPROVAL OF, AND PROVISIONS RELATING TO, TRIBAL LEASES.
(a) Definitions.--Subsection (d) of the first section of the Act of
August 9, 1955 (25 U.S.C. 415(d)) (commonly known as the ``Long-Term
Leasing Act''), is amended--
(1) in paragraph (4), by striking ``the Navajo Nation'' and
inserting ``an applicable Indian tribe'';
(2) in paragraph (6), by striking ``the Navajo Nation'' and
inserting ``an Indian tribe'';
(3) in paragraph (7), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (8)--
(A) by striking ``the Navajo Nation'';
(B) by striking ``with Navajo Nation law'' and
inserting ``with applicable tribal law''; and
(C) by striking the period at the end and inserting
``; and''; and
(5) by adding at the end the following:
``(9) the term `Indian tribe' has the meaning given the
term in section 102 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a).''.
(b) Tribal Approval of Leases.--The first section of the Act of
August 9, 1955 (25 U.S.C. 415) (commonly known as the ``Long-Term
Leasing Act''), is amended by adding at the end the following:
``(h) Tribal Approval of Leases.--
``(1) In general.--Subject to paragraph (2) and at the
discretion of any Indian tribe, any lease by the Indian tribe
for the purposes authorized under subsection (a), except a
lease for the exploration, development, or extraction of any
mineral resources, shall not require the approval of the
Secretary if the lease is executed under the tribal regulations
approved by the Secretary under this subsection and the term of
the lease does not exceed--
``(A) in the case of a business or agricultural
lease, 25 years, except that any such lease may include
an option to renew for up to 2 additional terms, each
of which may not exceed 25 years; and
``(B) in the case of a lease for public, religious,
educational, recreational, or residential purposes, 75
years, if such a term is provided for by the
regulations issued by the Indian tribe.
``(2) Allotted land.--Paragraph (1) shall not apply to any
lease of land (including an interest in land) held in trust for
an individual Indian.
``(3) Authority of secretary over tribal regulations.--
``(A) In general.--The Secretary shall have the
authority to approve or disapprove any tribal
regulations issued in accordance with paragraph (1).
``(B) Considerations for approval.--The Secretary
shall approve any tribal regulation issued in
accordance with paragraph (1), if the tribal
regulations--
``(i) are consistent with any regulations
issued by the Secretary under subsection (a);
and
``(ii) provide for an environmental review
process that includes--
``(I) the identification and
evaluation of any significant effects
of the proposed action on the
environment; and
``(II) a process for ensuring
that--
``(aa) the public is
informed of, and has a
reasonable opportunity to
comment on, any significant
environmental impacts of the
proposed action identified by
the Indian tribe; and
``(bb) the Indian tribe
provides responses to relevant
and substantive public comments
on those impacts before the
Indian tribe approves the
lease.
``(4) Review process.--
``(A) In general.--Not later than 120 days after
the date on which the tribal regulations described in
paragraph (1) are submitted to the Secretary, the
Secretary shall review and approve or disapprove the
regulations.
``(B) Written documentation.--If the Secretary
disapproves the tribal regulations described in
paragraph (1), the Secretary shall include written
documentation with the disapproval notification that
describes the basis for the disapproval.
``(C) Extension.--The deadline described in
subparagraph (A) may be extended by the Secretary,
after consultation with the Indian tribe.
``(5) Federal environmental review.--Notwithstanding
paragraphs (3) and (4), if an Indian tribe carries out a
project or activity funded by a Federal agency, the Indian
tribe shall have the authority to rely on the environmental
review process of the applicable Federal agency rather than any
tribal environmental review process under this subsection.
``(6) Documentation.--If an Indian tribe executes a lease
pursuant to tribal regulations under paragraph (1), the Indian
tribe shall provide the Secretary with--
``(A) a copy of the lease, including any amendments
or renewals to the lease; and
``(B) in the case of tribal regulations or a lease
that allows for lease payments to be made directly to
the Indian tribe, documentation of the lease payments
that are sufficient to enable the Secretary to
discharge the trust responsibility of the United States
under paragraph (7).
``(7) Trust responsibility.--
``(A) In general.--The United States shall not be
liable for losses sustained by any party to a lease
executed pursuant to tribal regulations under paragraph
(1).
``(B) Authority of secretary.--Pursuant to the
authority of the Secretary to fulfill the trust
obligation of the United States to the applicable
Indian tribe under Federal law (including regulations),
the Secretary may, upon reasonable notice from the
applicable Indian tribe and at the discretion of the
Secretary, enforce the provisions of, or cancel, any
lease executed by the Indian tribe under paragraph (1).
``(8) Compliance.--
``(A) In general.--An interested party, after
exhausting of any applicable tribal remedies, may
submit a petition to the Secretary, at such time and in
such form as the Secretary determines to be
appropriate, to review the compliance of the applicable
Indian tribe with any tribal regulations approved by
the Secretary under this subsection.
``(B) Violations.--If, after carrying out a review
under subparagraph (A), the Secretary determines that
the tribal regulations were violated, the Secretary may
take any action the Secretary determines to be
necessary to remedy the violation, including rescinding
the approval of the tribal regulations and reassuming
responsibility for the approval of leases of tribal
trust lands.
``(C) Documentation.--If the Secretary determines
that a violation of the tribal regulations has occurred
and a remedy is necessary, the Secretary shall--
``(i) make a written determination with
respect to the regulations that have been
violated;
``(ii) provide the applicable Indian tribe
with a written notice of the alleged violation
together with such written determination; and
``(iii) prior to the exercise of any
remedy, the rescission of the approval of the
regulation involved, or the reassumption of
lease approval responsibilities, provide the
applicable Indian tribe with--
``(I) a hearing that is on the
record; and
``(II) a reasonable opportunity to
cure the alleged violation.
``(9) Savings clause.--Nothing in this subsection shall
affect subsection (e) or any tribal regulations issued under
that subsection.''.
(c) Land Title Reports.--
(1) In general.--Not later than 180 days after the date on
which funds are first made available to carry out this Act, the
Bureau of Indian Affairs shall prepare and submit to the
Committees on Financial Services and Natural Resources of the
House of Representatives and the Committees on Banking,
Housing, and Urban Affairs and Indian Affairs of the Senate a
report regarding the history and experience of Indian tribes
that have chosen to assume responsibility for operating the
Indian Land Title and Records Office (referred to in this
subsection as the ``LTRO'') functions from the Bureau of Indian
Affairs.
(2) Consultation.--In conducting the review under paragraph
(1), the Bureau of Indian Affairs shall consult with the
Department of Housing and Urban Development Office of Native
American Programs and the Indian tribes that are managing LTRO
functions (referred to in this subsection as the ``managing
Indian tribes'').
(3) Contents.--The review under paragraph (1) shall include
an analysis of the following factors:
(A) Whether and how tribal management of the LTRO
functions has expedited the processing and issuance of
Indian land title certifications as compared to the
period during which the Bureau of Indian Affairs
managed the programs.
(B) Whether and how tribal management of the LTRO
functions has increased home ownership among the
population of the managing Indian tribe.
(C) What internal preparations and processes were
required of the managing Indian tribes prior to
assuming management of the LTRO functions.
(D) Whether tribal management of the LTRO functions
resulted in a transfer of financial resources and
manpower from the Bureau of Indian Affairs to the
managing Indian tribes and, if so, what transfers were
undertaken.
(E) Whether, in appropriate circumstances and with
the approval of geographically proximate Indian tribes,
the LTRO functions may be performed by a single Indian
tribe or a tribal consortium in a cost effective
manner. | Helping Expedite and Advance Responsible Tribal Homeownership Act of 2011 or HEARTH Act of 2011 - Extends to any Indian tribe the discretion granted under current law only to the Navajo Nation to lease restricted lands for business, agricultural, public, religious, educational, recreational, or residential purposes without the approval of the Secretary of the Interior. (The Secretary must still approve the tribal regulations under which those leases are executed and mining leases still require the Secretary's approval.)
Sets forth the environmental review process required under tribal lease regulations before those regulations obtain the Secretary's approval. Requires the process to identify and evaluate any significant effects a proposed lease may have on the environment and allow public comment on those effects.
Allows tribes to rely on a federal environmental review process rather than the tribal environmental review process if the project under review is federally funded.
Directs the Bureau of Indian Affairs (BIA) to report to Congress on the history and experience of Indian tribes that have chosen to assume the BIA's responsibility for operating the Indian Land Title and Records Office. | A bill to amend the Long-Term Leasing Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Consumption Act of
2007''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the food and beverage industries are a significant part
of our national economy;
(2) the activities of manufacturers and sellers of foods
and beverages substantially affect interstate and foreign
commerce;
(3) a person's weight gain, obesity, or a health condition
associated with a person's weight gain or obesity is based on a
multitude of factors, including genetic factors and the
lifestyle and physical fitness decisions of individuals, such
that a person's weight gain, obesity, or a health condition
associated with a person's weight gain or obesity cannot be
attributed to the consumption of any specific food or beverage;
and
(4) because fostering a culture of acceptance of personal
responsibility is one of the most important ways to promote a
healthier society, lawsuits seeking to blame individual food
and beverage providers for a person's weight gain, obesity, or
a health condition associated with a person's weight gain or
obesity are not only legally frivolous and economically
damaging, but also harmful to a healthy America.
(b) Purpose.--The purpose of this Act is to allow Congress, State
legislatures, and regulatory agencies to determine appropriate laws,
rules, and regulations to address the problems of weight gain, obesity,
and health conditions associated with weight gain or obesity.
SEC. 3. PRESERVATION OF SEPARATION OF POWERS.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought
or is currently pending.
(c) Discovery.--
(1) Stay.--If, in an action filed after May 7, 2007, a
party files a motion asserting that some or all claims raised
in a complaint are subject to dismissal pursuant to this Act,
or notifies the court that it intends to file such a motion in
a timely manner, no person shall be required before the court's
final decision on such motion to respond to any discovery
request or otherwise provide any party with any documents, data
compilations, tangible things, testimony, admissions,
information regarding potential evidence or witnesses, or other
information unless the court finds upon motion of any party
that a response to a particularized discovery request is
necessary to preserve evidence or to prevent undue prejudice to
that party.
(2) Responsibility of parties.--During the pendency of any
stay of discovery under paragraph (1), the responsibilities of
the parties with regard to the treatment of all documents, data
compilations (including electronically recorded or stored
data), and tangible objects shall be governed by applicable
Federal or State rules of civil procedure. A party aggrieved by
the failure of an opposing party to comply with this paragraph
shall have the applicable remedies made available by such
applicable rules, provided that no remedy shall be afforded
that conflicts with the terms of paragraph (1).
(3) Expedited consideration.--In any action in which a stay
is entered pursuant to paragraph (1), the court is encouraged
to expedite consideration of the motion to dismiss.
(d) Pleadings.--In any action that is allegedly of the type
described in section 4(5) seeking to impose liability of any kind based
on accumulative acts of consumption of a qualified product, the
complaint initiating such action shall state with particularity for
each defendant and cause of action--
(1) each element of the cause of action and the specific
facts alleged to satisfy each element of the cause of action;
(2) the Federal and State statutes or other laws that
allegedly create the cause of action; and
(3) the section 4(5)(B) exception being relied upon and the
specific facts that allegedly satisfy the requirements of that
exception.
(e) Rule of Construction.--No provision of this Act shall be
construed to create a public or private cause of action or remedy.
SEC. 4. DEFINITIONS.
In this Act:
(1) Engaged in the business.--The term ``engaged in the
business'' means a person who manufactures, markets,
distributes, advertises, or sells a qualified product in the
person's regular course of trade or business.
(2) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product, a person who is lawfully
engaged in the business of manufacturing the product.
(3) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(4) Qualified product.--The term ``qualified product''--
(A) means a food (as defined in section 201(f) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(f))); and
(B) shall not include a dietary supplement (as
defined in section 201(ff) of the Federal Food, Drug
and Cosmetic Act (21 U.S.C. 321(ff))).
(5) Qualified civil liability action.--
(A) In general.--Subject to subparagraph (B), the
term ``qualified civil liability action''--
(i) means a civil action brought by any
person against a manufacturer, marketer,
distributor, advertiser, or seller of a
qualified product, or a trade association, for
damages, penalties, declaratory judgment,
injunctive or declaratory relief, restitution,
or other relief arising out of, or related to--
(I) a person's accumulated acts of
consumption of a qualified product; and
(II) that person's weight gain,
obesity, or a health condition that is
associated with that person's weight
gain or obesity; and
(ii) includes an action brought by a person
other than the person on whose weight gain,
obesity, or health condition the action is
based, and any derivative action brought by or
on behalf of any person or any representative,
spouse, parent, child, or other relative of
that person.
(B) Exception.--A qualified civil liability action
shall not include--
(i) an action based on allegations of
breach of express contract or express warranty,
provided that the grounds for recovery being
alleged in such action are unrelated to a
person's weight gain, obesity, or a health
condition associated with a person's weight
gain or obesity;
(ii) an action based on allegations that--
(I) a manufacturer or seller of a
qualified product knowingly violated a
Federal or State statute applicable to
the marketing, advertisement, or
labeling of the qualified product with
intent for a person to rely on that
violation;
(II) such person individually and
justifiably relied on that violation;
and
(III) such reliance was the
proximate cause of injury related to
that person's weight gain, obesity, or
a health condition associated with that
person's weight gain or obesity; or
(iii) an action brought by the Federal
Trade Commission under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) or by the
Federal Food and Drug Administration under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.).
(6) Seller.--The term ``seller'' means, with respect to a
qualified product, a person lawfully engaged in the business of
marketing, distributing, advertising, or selling a qualified
product.
(7) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(8) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) that is not operated
for profit, and 2 or more members of which are manufacturers,
marketers, distributors, advertisers, or sellers of a qualified
product. | Commonsense Consumption Act of 2007 - Prohibits new, and requires dismissal of pending, civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food, or a trade association, for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition. Subjects to such prohibition: (1) any action brought by a person other than the person on whose weight gain, obesity, or health condition the action is based; and (2) any derivative action brought by or on behalf of any person or any representative, spouse, parent, child, or other relative of that person.
Excludes from this prohibition any actions alleging: (1) a breach of express contract or express warranty provided that the grounds of recovery are unrelated to a person's weight gain, obesity, or related health condition; (2) a knowing violation of a federal or state statute applicable to the marketing, advertisement, or labeling of food with intent for a person to rely on that violation, where such person relied on that violation, and where such reliance was the proximate cause of injury related to that person's weight gain, obesity, or related health condition; or (3) a violation brought by the Federal Trade Commission (FTC) under the Federal Trade Commission Act or by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act. | A bill to prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity. |
SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``Redistricting
Transparency Act of 2010''.
(b) Finding.--Congress finds that it has the authority to require
States to follow certain procedures in carrying out Congressional
redistricting after an apportionment of Members of the House of
Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the 14th Amendment to the Constitution gives Congress the power
to enact laws to enforce section 2 of such Amendment, which
requires Representatives to be apportioned among the several
States according to their number.
SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED UNDER PROCEDURES
PROVIDING OPPORTUNITY FOR PUBLIC PARTICIPATION.
(a) Requirement.--
(1) In general.--Notwithstanding any other provision of
law, any Congressional redistricting conducted by a State shall
be conducted in accordance with a process under which the
entity responsible for developing Congressional redistricting
plans in the State (hereafter in this Act referred to as the
``State redistricting entity'')--
(A) in accordance with section 3, establishes and
operates an Internet site;
(B) in accordance with section 4, provides
opportunities for participation by members of the
public in the initial development of such plans;
(C) in accordance with section 5, provides
opportunities for members of the public to respond to
the proposed final Congressional redistricting plan;
and
(D) in accordance with section 6, notifies members
of the public regarding the final Congressional
redistricting plan adopted for the State.
(2) Other procedures permitted.--Nothing in this Act or the
amendments made by this Act may be construed to prohibit a
State from conducting Congressional redistricting in accordance
with such procedures as the State considers appropriate, to the
extent that such procedures are consistent with the applicable
requirements of this Act and the amendments made by this Act.
(3) No effect on redistricting for state or local
elections.--Nothing in this Act or the amendments made by this
Act may be construed to affect any procedures a State or a unit
of local government in a State may use to conduct redistricting
with respect to elections for State or local offices.
(b) Conforming Amendment.--Section 22(c) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in
the manner provided by the law thereof'' and inserting: ``in a manner
consistent with the requirements of the Redistricting Transparency Act
of 2010''.
SEC. 3. PUBLIC INTERNET SITE FOR STATE REDISTRICTING ENTITY.
(a) Establishment and Operation of Site.--Each State redistricting
entity shall establish and maintain a public Internet site which meets
the following requirements:
(1) The site is updated continuously to provide advance
notice of meetings held by the entity and to otherwise provide
timely information on the entity's activities.
(2) The site contains the most recent available information
from the Bureau of the Census on voting-age population, voter
registration, and voting results in the State, including
precinct-level and census tract-level data with respect to such
information, as well as detailed maps reflecting such
information.
(3) The site permits any individual to submit comments on
any plan proposed by the entity, and to submit questions,
comments, and other information with respect to the entity's
activities.
(4) The site includes any other information the entity is
required to post under this Act.
(b) Deadline for Posting of Comments Submitted by Public.--The
State redistricting entity shall ensure that any comment submitted by a
member of the public to the site established under this section,
including a comment on any plan proposed by the entity or any other
person, and any other comment relating to Congressional redistricting
in the State, is posted on the site not later than 72 hours after
submission.
(c) Updating of Information.--The State redistricting entity shall
take all actions necessary to ensure that the site established under
this section is updated continuously to provide timely advance notice
of the entity's meetings and to otherwise provide timely information on
the entity's activities.
(d) Deadline.--The State redistricting entity shall establish the
site under this section as soon as practicable after the completion of
the regular decennial census, but in no case later than the final
deadline provided under section 22(b) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), for the Clerk of the House of
Representatives to transmit to the State the notice of the number of
Representatives to which the State is entitled in the following
Congress.
SEC. 4. OPPORTUNITIES FOR PARTICIPATION IN INITIAL DEVELOPMENT OF
CONGRESSIONAL REDISTRICTING PLANS.
During the 60-day period which begins on the date the State
receives the notice referred to in section 3(d), the State
redistricting entity shall solicit the input of members of the public
in its work to develop initial Congressional redistricting plans for
the State by carrying out the following activities:
(1) Publishing and posting on the Internet site established
under section 3 the criteria which the entity will use to
develop the Congressional redistricting plan for the State.
(2) Holding at least one hearing in the State at which
members of the public may provide comments on such criteria and
any other issues relating to Congressional redistricting in the
State.
(3) Publishing and posting the transcript of each such
hearing, or posting a link to a video recording of each such
hearing, on the Internet site not later than 7 days after the
conclusion of the hearing.
SEC. 5. OPPORTUNITIES TO RESPOND TO PROPOSED FINAL CONGRESSIONAL
REDISTRICTING PLAN ADOPTED BY REDISTRICTING ENTITY.
(a) Notice of Final Plan.--Not later than 10 days prior to adopting
a final Congressional redistricting plan for the State, the State
redistricting entity shall post on the Internet site established under
section 3 (and, if practicable, cause to have published in newspapers
of general circulation throughout the State) the following information:
(1) A detailed version of the proposed final plan,
including--
(A) a map showing each Congressional district
established under the plan;
(B) a statement of the voting age population by
race and membership in a language minority group of
each such district; and
(C) a statement of the number of registered voters
in each such district, broken down by political party
affiliation to the extent that such information is
available under State law.
(2) A statement explaining the entity's reasons for
adopting the proposed final plan and the reasons why the
adoption of the plan will best serve the public interest.
(3) Any dissenting statement of any member of the entity
who did not approve the proposed final plan.
(4) A statement that members of the public may submit
comments regarding the proposed final plan through the Internet
site, together with information on how members of the public
may submit such comments to the entity through other methods.
(b) Public Hearing Prior to Adoption of Final Plan.--Not later than
7 days prior to adopting the final Congressional redistricting plan for
the State, the State redistricting entity shall hold at least one
hearing in the State at which members of the public may provide
comments on the plan and members of the entity may explain the reasons
why the adoption of the plan will best serve the public interest. The
entity shall publish and post the transcript of each such hearing, or
post a link to a video recording of each such hearing, on the Internet
site established under section 3.
(c) Treatment of Amended and New Plans.--If, in response to public
comment or for any other reason, the State redistricting entity posts
an amended version of the proposed final Congressional redistricting
plan which is posted on the Internet site under subsection (a) or posts
a new proposed final Congressional redistricting plan, subsections (a)
and (b) shall apply with respect to the amended version of the plan or
the new plan in the same manner as such subsections apply with respect
to the proposed final plan which is first posted under subsection (a),
except to the extent that the application of such subsections would
require the entity to violate a deadline established by State law for
the submission of a final Congressional redistricting plan to the State
legislature.
SEC. 6. NOTICE OF FINAL ADOPTED CONGRESSIONAL REDISTRICTING PLAN.
Not later than 7 days after the State redistricting entity adopts
the final Congressional redistricting plan for the State, the entity
shall post on the Internet site established under section 3 (and, if
practicable, cause to have published in newspapers of general
circulation throughout the State) the following information:
(1) A detailed version of the plan, including--
(A) a map showing each Congressional district
established under the plan;
(B) a statement for each such district of the total
population and voting age population by race and
membership in a language minority group; and
(C) a statement of the number of registered voters
in each such district, broken down by political party
affiliation to the extent that such information is
available under State law.
(2) To the extent that the State maintains data on the
number of registered voters by race and membership in a
language minority group, a statement for each such district of
the number of registered voters by race and membership in a
language minority group.
(3) A statement explaining the entity's reasons for
adopting the plan and the reasons why the adoption of the plan
will best serve the public interest.
(4) Any dissenting statements of any members of the entity
who did not approve the plan.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to any Congressional redistricting which occurs after the
regular decennial census conducted during 2010. | Redistricting Transparency Act of 2010 - Requires states to carry out congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals via the Internet and have the opportunity to participate in the development of such proposals prior to their adoption.
Requires each state redistricting entity to establish and maintain a public Internet site meeting specified requirements.
Requires the state redistricting entity to: (1) solicit the input of members of the public in its work to develop initial congressional redistricting plans for the state; and (2) post the proposed final plan on the Internet site 10 days before its adoption, as well as 7 days after its adoption, together with a map, the reasons for adoption, dissenting opinions, and certain other information. | To require States to carry out Congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals and have the opportunity to participate in the development of such proposals prior to their adoption, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Marriage Broker
Regulation Act of 2003''.
SEC. 2. LIMIT ON CONCURRENT PETITIONS FOR FIANCE(E) VISAS.
Section 214(d) of the Immigration and Nationality Act (8 U.S.C.
1184(d)) is amended--
(1) by inserting ``(1)'' before ``A visa''; and
(2) by adding at the end the following:
``(2) A United States citizen or a legal permanent resident may not
file more than 1 application for a visa under section 101(a)(15)(K)(i)
in any 1-year period.''.
SEC. 3. INTERNATIONAL MARRIAGE BROKERS.
Section 652 of the Omnibus Consolidated Appropriations Act, 1997 (8
U.S.C. 1375), is amended to read as follows:
``SEC. 652. INTERNATIONAL MARRIAGE BROKERS.
``(a) Findings.--Congress finds the following:
``(1) There is a substantial international marriage broker
business worldwide. A 1999 study by the Immigration and
Naturalization Service estimated that in 1999 there were at
least 200 such companies operating in the United States, and
that as many as 4,000 to 6,000 persons in the United States,
almost all male, find foreign spouses through for-profit
international marriage brokers each year.
``(2) Aliens seeking to enter the United States to marry
citizens of the United States currently lack the ability to
access and fully verify personal history information about
their prospective American spouses.
``(3) Persons applying for fiance(e) visas to enter the
United States are required to undergo a criminal background
information investigation prior to the issuance of a visa.
However, no corresponding requirement exists to inform those
seeking fiance(e) visas of any history of violence by the
prospective United States spouse.
``(4) Many individuals entering the United States on
fiance(e) visas for the purpose of marrying a person in the
United States are unaware of United States laws regarding
domestic violence, including protections for immigrant victims
of domestic violence, prohibitions on involuntary servitude,
protections from automatic deportation, and the role of police
and the courts in providing assistance to victims of domestic
violence.
``(b) Definitions.--In this section:
``(1) Client.--The term `client' means a United States
citizen or legal permanent resident who makes a payment or
incurs a debt in order to utilize the services of an
international marriage broker.
``(2) Crime of violence.--The term `crime of violence' has
the same meaning given the term in section 16 of title 18,
United States Code.
``(3) Domestic violence.--The term `domestic violence'
means any crime of violence, or other act forming the basis for
past or outstanding protective orders, restraining orders, no-
contact orders, convictions, arrests, or police reports,
committed against a person by--
``(A) a current or former spouse of the person;
``(B) an individual with whom the person shares a
child in common;
``(C) an individual who is cohabiting with or has
cohabited with the person;
``(D) an individual similarly situated to a spouse
of the person under the domestic or family violence
laws of the jurisdiction where the offense occurs; or
``(E) any other individual if the person is
protected from that individual's acts under the
domestic or family violence laws of the United States
or any State, Indian tribal government, or unit of
local government.
``(4) Foreign national client.--The term `foreign national
client' means a non-resident alien who utilizes the services of
an international marriage broker.
``(5) International marriage broker.--
``(A) In general.--The term `international marriage
broker' means a corporation, partnership, business,
individual, or other legal entity, whether or not
organized under any law of the United States, that
charges fees for providing dating, matrimonial, social
referrals, or matching services between United States
citizens or legal permanent residents and nonresident
aliens by providing information that would permit
individuals to contact each other, including--
``(i) providing the name, telephone number,
address, electronic mail address, or voicemail
of an individual; or
``(ii) providing an opportunity for an in-
person meeting.
``(B) Exceptions.--Such term does not include--
``(i) a traditional matchmaking
organization of a religious nature that
operates on a nonprofit basis and otherwise
operates in compliance with the laws of the
countries in which it operates including the
laws of the United States; or
``(ii) an entity that provides dating
services between United States citizens or
legal permanent residents and aliens, but not
as its principal business, and charges
comparable rates to all clients regardless of
the gender or country of residence of the
client.
``(6) Personal contact information.--
``(A) In general.--The term `personal contact
information' means information that would permit an
individual to contact another individual, including--
``(i) the name, address, phone number,
electronic mail address, or voice message
mailbox of that individual; and
``(ii) the provision of an opportunity for
an in-person meeting.
``(B) Exception.--Such term does not include a
photograph or general information about the background
or interests of a person.
``(c) Obligations of International Marriage Broker With Respect to
Informed Consent.--An international marriage broker shall not provide
any personal contact information about any foreign national client, not
including photographs, to any person unless and until the international
marriage broker has--
``(1) provided the foreign national client with information
in his or her native language that explains the rights of
victims of domestic violence in the United States, including
the right to petition for residence independent of, and without
the knowledge, consent, or cooperation of, the spouse; and
``(2) received from the foreign national client a signed
consent to the release of such personal contact information.
``(d) Mandatory Collection of Information.--
``(1) In general.--Each international marriage broker shall
require each client to provide the information listed in
paragraph (2), in writing and signed by the client (including
by electronic writing and electronic signature), to the
international marriage broker prior to referring any personal
contact information about any foreign national client to the
client.
``(2) Information.--The information required to be provided
in accordance with paragraph (1) is as follows:
``(A) Any arrest, charge, or conviction record for
homicide, rape, assault, sexual assault, kidnap, or
child abuse or neglect.
``(B) Any court ordered restriction on physical
contact with another person, including any temporary or
permanent restraining order or civil protection order.
``(C) Marital history, including if the person is
currently married, if the person has previously been
married and how many times, how previous marriages were
terminated and the date of termination, and if the
person has previously sponsored an alien to whom the
person has been engaged or married.
``(D) The ages of any and all children under the
age of 18.
``(E) All States in which the client has resided
since the age of 18.
``(e) Additional Obligations of the International Marriage
Broker.--An international marriage broker shall not provide any
personal contact information about any foreign national client to any
client, unless and until--
``(1) the client has been informed that the client will be
subject to a criminal background check should they petition for
a visa under clause (i) or (iii) of section 101(a)(15)(K) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K));
and
``(2) the foreign national client has been provided a copy
of the information required under subsection (d) regarding that
client.
``(f) Civil Penalty.--
``(1) Violation.--An international marriage broker that the
Secretary of Homeland Security determines has violated any
provision of this section or section 7 of the International
Marriage Broker Regulation Act of 2003 shall be subject, in
addition to any other penalties that may be prescribed by law,
to a civil penalty of not more than $20,000 for each such
violation.
``(2) Procedures for imposition of penalty.--A penalty
imposed under paragraph (1) may be imposed only after notice
and an opportunity for an agency hearing on the record in
accordance with sections 554 through 557 of title 5, United
States Code.
``(g) Criminal Penalty.--An international marriage broker that,
within the special maritime and territorial jurisdiction of the United
States, violates any provision of this section or section 7 of the
International Marriage Broker Regulation Act of 2003 shall be fined in
accordance with title 18, United States Code, or imprisoned for not
less than 1 year and not more than 5 years, or both.
``(h) Enforcement.--In any case in which the attorney general of a
State has reason to believe that an interest of the residents of that
State has been, or is threatened to be, adversely affected by a
violation of this section, the State, as parens patriae, may bring a
civil action on behalf of the residents of the State in a district
court of the United States of appropriate jurisdiction to--
``(1) enjoin that practice;
``(2) enforce compliance with this section; or
``(3) obtain damages.
``(i) Study and Report.--
``(1) Study.--Not later than 2 years after the date of
enactment of the International Marriage Broker Regulation Act
of 2003, the Attorney General, in consultation with the
Director of the Bureau of Citizenship and Immigration Services
within the Department of Homeland Security, shall conduct a
study--
``(A) regarding the number of international
marriage brokers doing business in the United States
and the number of marriages resulting from the services
provided, and the extent of compliance with this
section and section 7 of the International Marriage
Broker Regulation Act of 2003;
``(B) that assesses information gathered under this
section and section 7 of the International Marriage
Broker Regulation Act of 2003 from clients and
petitioners by international marriage brokers and the
Bureau of Citizenship and Immigration Services;
``(C) that examines, based on the information
gathered, the extent to which persons with a history of
violence are using the services of international
marriage brokers and the extent to which such persons
are providing accurate information to international
marriage brokers in accordance with this section and
section 7 of the International Marriage Broker
Regulation Act of 2003; and
``(D) that assesses the accuracy of the criminal
background check at identifying past instances of
domestic violence.
``(2) Report.--Not later than 3 years after the date of
enactment of the International Marriage Broker Regulation Act
of 2003, the Secretary of Homeland Security shall submit a
report to the Committees on the Judiciary of the Senate and the
House of Representatives setting forth the results of the study
conducted pursuant to paragraph (1).''.
SEC. 4. CRIMINAL BACKGROUND CHECK.
Section 214(d) of the Immigration and Nationality Act (8 U.S.C.
1184(d)), as amended by section 2, is further amended by adding at the
end the following:
``(3) A petitioner for a visa under clause (i) or (iii) of section
101(a)(15)(K) shall undergo a national criminal background check
conducted using the national criminal history background check system
and State criminal history repositories of all States in which the
applicant has resided prior to the petition being approved by the
Secretary of Homeland Security, and the results of the background check
shall be included in the petition forwarded to the consular office
under that section.''.
SEC. 5. CHANGES IN CONSULAR PROCESSING OF FIANCE(E) VISA APPLICATIONS.
(a) In General.--During the consular interview for purposes of the
issuance of a visa under clause (i) or (iii) of section 101(a)(15)(K)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)), a
consular officer shall disclose to the alien applicant information in
writing in the native language of the alien concerning--
(1) the illegality of domestic violence in the United
States and the availability of resources for victims of
domestic violence (including aliens), including protective
orders, crisis hotlines, free legal advice, and shelters;
(2) the requirement that international marriage brokers
provide foreign national clients with responses of clients to
questions regarding the client's domestic violence history and
marital history, but that such information may not be accurate;
(3) the right of an alien who is or whose children are
subjected to domestic violence or extreme cruelty by a United
States citizen spouse or legal permanent resident spouse, to
self-petition for legal permanent immigration status under the
Violence Against Women Act independently of, and without the
knowledge, consent, or cooperation of, such United States
citizen spouse or legal permanent resident spouse; and
(4) any information regarding the petitioner that--
(A) was provided to the Bureau of Citizenship and
Immigration Services within the Department of Homeland
Security pursuant to section 7; and
(B) is contained in the background check conducted
in accordance with section 214(d)(3) of the Immigration
and Nationality Act, as added by section 4, relating to
any conviction or civil order for a crime of violence,
act of domestic violence, or child abuse or neglect.
(b) Definitions.--In this section, the terms ``client'', ``domestic
violence'', ``foreign national client'', and ``international marriage
brokers'' have the same meaning given such terms in section 652 of the
Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 1375).
SEC. 6. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 105 of the Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7103) is amended--
(1) in subsection (d)(2), by inserting ``and the role of
international marriage brokers (as defined in section 652 of
the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C.
1375))'' after ``public corruption''; and
(2) by adding at the end the following:
``(f) Meetings.--The Task Force shall meet not less than 2 times in
a calendar year.''.
SEC. 7. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES.
The Bureau of Citizenship and Immigration Services within the
Department of Homeland Security shall require that information
described in section 652(c) of the Omnibus Consolidated Appropriations
Act, 1997 (8 U.S.C. 1375(c)), as amended by section 3, be provided to
the Bureau of Citizenship and Immigration Services by a client (as
defined in section 652 of the Omnibus Consolidated Appropriations Act,
1997 (8 U.S.C.1375)) in writing and signed under penalty of perjury as
part of any visa petition under section 214(d) of the Immigration and
Nationality Act (8 U.S.C. 1184(d)).
SEC. 8. GOOD FAITH MARRIAGES.
The fact that an alien who is in the United States on a visa under
clause (i) or (iii) of section 101(a)(15)(K) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(K)) is aware of the criminal
background of a client (as defined in section 652 of the Omnibus
Consolidated Appropriations Act, 1997 (8 U.S.C. 1375)) cannot be used
as evidence that the marriage was not entered into in good faith.
SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.
Section 214(d) of the Immigration and Nationality Act (8 U.S.C.
1184(d)) is amended by striking ``Attorney General'' each place that
term appears and inserting ``Secretary of Homeland Security''.
SEC. 10. PREEMPTION.
Nothing in this Act, or the amendments made by this Act, shall
preempt any State law that provides additional protection for aliens
who are utilizing the services of an international marriage broker (as
defined in section 652 of the Omnibus Consolidated Appropriations Act,
1997 (8 U.S.C. 1375)). | International Marriage Broker Regulation Act of 2003 - Amends the Immigration and Nationality Act to prohibit U.S. citizens or lawful permanent residents (LPRs) from filing more than one application for a K fiance(e) visa in any one-year period.
Amends the Omnibus Consolidated Appropriations Act, 1997 to prohibit international marriage brokers from releasing a foreign national client's personal contact information until the broker has informed the foreign national of the rights of domestic violence victims in the United States and received a signed consent to the release. Requires brokers to obtain specified background information from citizen or LPR clients and to forward such information to foreign nationals. Establishes civil and criminal penalties for violations of this Act. Authorizes States to bring civil actions for such violations in the U.S. district courts.
Requires petitioners for fiance(e) visas to undergo criminal history background checks.
Modifies consular processing procedures for fiance(e) visa applications to require specified disclosures to alien applicants.
Amends the Victims of Trafficking and Violence Protection Act of 2000 to require an evaluation of the role of international marriage brokers in facilitating trafficking.
Requires a citizen or LPR client to provide to U.S. Citizenship and Immigration Services, as part of a fiance(e) visa petition, the information that such clients are required to submit to brokers under this Act.
Prohibits a fiance(e) visa holder's awareness of the criminal background of a citizen or LPR client from being used as evidence that the marriage was not entered into in good faith. | To regulate international marriage broker activity in the United States, to provide for certain protections for individuals who utilize the services of international marriage brokers, and for other purposes. |
OF INVESTIGATIONS INTO
RETALIATION.
(a) Report Required.--
(1) In general.--Under regulations prescribed by the
Secretary of Defense, the results of an investigation by an
office, element, or personnel of the Department of Defense or
the Armed Forces of a complaint by a member of the Armed Forces
of retaliation shall be reported to the member, including
whether the complaint was substantiated, unsubstantiated, or
dismissed.
(2) Members of coast guard.--The Secretary of Homeland
Security shall provide in a similar manner for reports on the
results of investigations by offices, elements, or personnel of
the Department of Homeland Security or the Coast Guard of such
complaints made by members of the Coast Guard when it is not
operating as a service in the Navy.
(b) Retaliation Defined.--In this section, the term ``retaliation''
has the meaning given the term by the Secretary of Defense in the
strategy required by section 539 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 818) or a
subsequent meaning specified by the Secretary.
SEC. 4. TRAINING FOR DEPARTMENT OF DEFENSE PERSONNEL ON SEXUAL ASSAULT
TRAUMA IN INDIVIDUALS CLAIMING RETALIATION IN CONNECTION
WITH REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall ensure that the
personnel of the Department of Defense specified in subsection (b) who
investigate claims of retaliation in connection with reports of sexual
assault in the Armed Forces receive training on the nature and
consequences of sexual assault trauma. The training shall include such
elements as the Secretary shall specify for purposes of this section.
(b) Personnel.--The personnel of the Department of Defense
specified in this subsection are the following:
(1) Personnel of military criminal investigation services.
(2) Personnel of Inspectors General offices.
(3) Personnel of any command of the Armed Forces who are
assignable by the commander of such command to investigate
claims of retaliation made by or against members of such
command.
(c) Retaliation Defined.--In this section, the term ``retaliation''
has the meaning given the term by the Secretary of Defense in the
strategy required by section 539 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 818) or a
subsequent meaning specified by the Secretary.
SEC. 5. INCLUSION IN ANNUAL REPORTS ON SEXUAL ASSAULT PREVENTION AND
RESPONSE EFFORTS OF THE ARMED FORCE OF INFORMATION ON
COMPLAINTS OF RETALIATION IN CONNECTION WITH REPORTS OF
SEXUAL ASSAULT IN THE ARMED FORCES.
Section 1631(b) of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (10 U.S.C. 1561 note) is amended by adding at
the end the following new paragraph:
``(12) Information on each claim of retaliation in
connection with a report of sexual assault in the Armed Forces
made by or against a member of such Armed Force as follows:
``(A) A narrative description of each complaint.
``(B) The nature of such complaint, including
whether the complainant claims professional or social
retaliation.
``(C) The gender of the complainant.
``(D) The gender of the individual claimed to have
committed the retaliation.
``(E) The nature of the relationship between the
complainant and the individual claimed to have
committed the retaliation.
``(F) The nature of the relationship, if any,
between the individual alleged to have committed the
sexual assault concerned and the individual claimed to
have committed the retaliation.
``(G) The official or office that received the
complaint.
``(H) The organization that investigated or is
investigating the complaint.
``(I) The current status of the investigation.
``(J) If the investigation is complete, a
description of the results of the investigation,
including whether the results of the investigation were
provided to the complainant.
``(K) If the investigation determined that
retaliation occurred, whether the retaliation was an
offense under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
SEC. 6. METRICS FOR EVALUATING THE EFFORTS OF THE ARMED FORCES TO
PREVENT AND RESPOND TO RETALIATION IN CONNECTION WITH
REPORTS OF SEXUAL ASSAULT IN THE ARMED FORCES.
(a) Metrics Required.--The Sexual Assault Prevention and Response
Office of the Department of Defense shall establish and issue to the
military departments metrics to be used to evaluate the efforts of the
Armed Forces to prevent and respond to retaliation in connection with
reports of sexual assault in the Armed Forces.
(b) Best Practices.--For purposes of enhancing and achieving
uniformity in the efforts of the Armed Forces to prevent and respond to
retaliation in connection with reports of sexual assault in the Armed
Forces, the Sexual Assault Prevention and Response Office shall
identify and issue to the military departments best practices to be
used in the prevention of and response to retaliation in connection
with such reports. | Military Retaliation Prevention Act This bill amends the Uniform Code of Military Justice to subject to punishment by a court-martial any person who, with the intent to retaliate against any individual for reporting a criminal offense or making a protected communication, or with the intent to discourage any individual from reporting a criminal offense or making a protected communication, wrongfully: takes or threatens to take an adverse personnel action against such individual, or withholds or threatens to withhold a favorable personnel action from such individual. "Protected communication" means a: lawful communication to a Member of Congress or an Inspector General; or communication to a specified individual or organization in which a service member complains of, or discloses information that the member reasonably believes constitutes evidence of, a violation of law or regulation, including sexual harassment or unlawful discrimination, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. The results of a Department of Defense (DOD) or Armed Forces investigation of a service member's complaint of retaliation shall be provided to such service member. DOD personnel who investigate claims of retaliation in connection with reports of sexual assault in the Armed Forces shall receive training on the nature and consequences of sexual assault trauma. The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 is amended to include information on claims of retaliation in the military departments' sexual assault prevention reports to DOD. DOD's Sexual Assault Prevention and Response Office shall establish metrics to evaluate efforts of the Armed Forces to prevent and respond to retaliation. | Military Retaliation Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork Elimination Act of 1996''.
SEC. 2. PURPOSES.
The purpose of this Act is to--
(1) minimize the burden of Federal paperwork demands upon
small businesses, educational and nonprofit institutions,
Federal contractors, State and local governments, and other
persons through the sponsorship and use of alternative
information technologies, including the use of electronic
maintenance, submission, or disclosure of information to
substitute for paper; and
(2) more effectively enable Federal agencies to achieve the
purposes of chapter 35 of title 44, United States Code,
popularly known as the ``Paperwork Reduction Act''.
SEC. 3. AUTHORITY AND FUNCTIONS OF THE DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET.
(a) Direction and Oversight of Information Technology.--Section
3504(a)(1)(B)(vi) of title 44, United States Code, is amended to read
as follows:
``(vi) the acquisition and use of information
technology, including the use of alternative
information technologies, such as the use of electronic
submission, maintenance, or disclosure of information
to substitute for paper.''.
(b) Promotion of Use of Electronic Information Technology.--Section
3504(h) of title 44, United States Code, is amended by striking ``and''
after the semicolon at the end of paragraph (4), by striking the period
at the end of paragraph (5) and inserting ``; and'', and by adding at
the end the following:
``(6) specifically promote the optional use of electronic
maintenance, submission, or disclosure of information where
appropriate, as an alternative information technology to
substitute for paper.''.
SEC. 4. ASSIGNMENT OF TASKS AND DEADLINES.
Section 3505(a)(3) of title 44, United States Code, is amended by
striking ``and'' after the semicolon at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and inserting ``;
and'', and by adding at the end the following:
``(D) a description of progress in providing for
the use of electronic submission, maintenance, or
disclosure of information to substitute for paper,
including the extent to which such progress
accomplishes reduction of burden on small businesses or
other persons.''.
SEC. 5. FEDERAL AGENCY RESPONSIBILITIES.
(a) Providing for Use of Electronic Information Management.--
Section 3506(c)(1)(B) of title 44, United States Code, is amended by
striking ``and'' after the semicolon at the end of clause (ii) and by
adding at the end the following:
``(iv) provides for the optional use, where
appropriate, of electronic maintenance,
submission, or disclosure of information;
and''.
(b) Promotion of Electronic Information Management.--Section
3506(c)(3)(C) of title 44, United States Code, is amended by striking
``or'' after the semicolon at the end of clause (ii), by adding ``or''
after the semicolon at the end of clause (iii), and by adding at the
end the following:
``(iv) the promotion and optional use,
where appropriate, of electronic maintenance,
submission, or disclosure of information.''.
(c) Use of Alternative Information Technologies.--Section
3506(c)(3)(J) of title 44, United States Code, is amended to read as
follows:
``(J) to the maximum extent practicable, uses
alternative information technologies, including the use
of electronic maintenance, submission, or disclosure of
information, to reduce burden and improve data quality,
agency efficiency and responsiveness to the public.''.
SEC. 6. PUBLIC INFORMATION COLLECTION ACTIVITIES; SUBMISSION TO
DIRECTOR; APPROVAL AND DELEGATION.
Section 3507(a)(1)(D)(ii) of title 44, United States Code, is
amended by striking ``and'' after the semicolon at the end of subclause
(V), by adding ``and'' after the semicolon at the end of subclause
(VI), and by adding at the end the following:
``(VII) a description of how
respondents may, if appropriate,
electronically maintain, submit, or
disclose information under the
collection of information.''.
SEC. 7. RESPONSIVENESS TO CONGRESS.
Section 3514(a)(2) of title 44, United States Code, is amended by
striking ``and'' after the semicolon at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and inserting ``;
and'', and by adding at the end the following:
``(E) reduced the collection of information burden on small
businesses and other persons through the use of electronic
maintenance, submission, or disclosure of information to
substitute for paper maintenance, submission, or disclosure of
information, including--
``(i) a description of instances where such
substitution has added to burden; and
``(ii) specific identification of such instances
relating to the Internal Revenue Service.''.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect October 1, 1997.
Passed the House of Representatives April 24, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Paperwork Elimination Act of 1996 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to: (1) provide direction and oversee the use of information technology, including alternative information technologies to substitute for paper; (2) specifically promote the optional use of electronic information technology as such an alternative; and (3) provide within a required information resources strategic management plan a description of progress in providing for the use of electronic information as a substitute for paper. Requires each Federal agency to: (1) ensure that each information collection provides for the optional use of electronic maintenance, submission, or disclosure of information; (2) use alternative information technologies to reduce burden and improve data quality, agency efficiency, and responsiveness to the public; and (3) publish a description of how respondents may electronically maintain the information to be collected. Requires the Director to report to the Congress on the extent to which Federal agencies reduced the collection of information burden on small businesses and other persons through the use of electronic maintenance, submission, or disclosure of information as a substitute for paper maintenance, submission, or disclosure. | Paperwork Elimination Act of 1996 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Lake Berryessa
Recreation Enhancement Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. Transfer of administrative jurisdiction.
Sec. 5. Management of Recreation Area.
Sec. 6. Continued authorities of Commissioner of Reclamation.
Sec. 7. Existing authorizations.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the Monticello Dam--
(A) was authorized by the Reclamation Project Act
of 1939 (53 Stat. 1187);
(B) resulted in the formation of Lake Berryessa;
and
(C) is operated by the Bureau of Reclamation;
(2) Lake Berryessa--
(A) covers approximately 28,915 acres of surface
water and land;
(B) has 165 miles of shoreline;
(C) has a 2,000 acre wildlife area on the east
side;
(D) is located less than 100 miles from both
Sacramento, California and San Francisco, California;
and
(E) has become an important regional recreation
destination; and
(3) the recreational use at Lake Berryessa generates
tourism that is important to local economies.
(b) Purposes.--The purposes of this Act are--
(1) to provide diverse, high quality recreational
facilities and services on the water and land surrounding Lake
Berryessa;
(2) to conserve the natural, scenic, scientific, historic,
economic, recreational, and other resource values contributing
to the public use and enjoyment of that land and water;
(3) to promote cooperation between the Federal Government
and private entities to manage that exceptional resource;
(4) to authorize the Secretary to manage certain resources
under the Bureau of Land Management; and
(5) to transfer administrative jurisdiction over certain
Federal land for management as a unit of the Bureau of Land
Management.
SEC. 3. DEFINITIONS.
In this Act:
(1) Dam.--The term ``Dam'' means--
(A) the Monticello Dam; and
(B) any facility relating to the Monticello Dam.
(2) Recreation area.--The term ``Recreation Area'' means
the Lake Berryessa Recreation Area designated by section 4(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of
California.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) Establishment.--Subject to valid existing rights, there is
established the Lake Berryessa Recreational Area, the boundaries of
which are described in subsection (c). In administering the Recreation
Area, the Secretary shall not--
(1) diminish the levels of day-use occupancy, short-term
occupancy and annual occupancy as set forth in the recreational
use plan adopted by the Bureau of Reclamation on June 2, 2006,
for the Recreation Area;
(2) diminish motorized boating or alter the ``Water Surface
Zoning and Restrictions'' developed under Action 17 of the 1993
Recreation Area Management Plan Record of Decision and
continued in the recreational use plan adopted by the Bureau of
Reclamation on June 2, 2006, for the Recreation Area;
(3) close trails or limit recreational hiking and equine
access to trails on lands in the Recreation Area; and
(4) negatively impact hunting, fishing, shooting sports, or
trapping on the lands and waters within the boundaries of the
Recreation Area.
(b) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over the Federal land described in subsection (c),
including any improvements thereon, is transferred from the Bureau of
Reclamation to the Bureau of Land Management for administration of the
Recreation Area.
(c) Description of Land.--The land referred to in subsection (a) is
the approximately 30,221 acres of land administered by the Bureau of
Reclamation that is underlying or adjacent to Lake Berryessa and
identified as ``Lake Berryessa Reclamation Lands Solono Project'' on
the map dated September 15, 2014.
SEC. 5. MANAGEMENT OF RECREATION AREA.
(a) In General.--Subject to the authority of the Secretary under
section 6, the Secretary shall manage the Recreation Area in accordance
with sections 601 through 604 of Public Law 93-493.
(b) Applicable Law.--Subject to valid existing rights, the
Secretary shall administer the Recreation Area in accordance with laws
(including regulations) applicable to units of the public lands of the
Bureau of Land Management.
(c) Waters.--Nothing in this Act--
(1) affects the use or allocation, in existence on the date
of the enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of the enactment of this
Act, including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of the enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights;
(5) relinquishes or reduces any water rights reserved or
appropriated by the United States in the State on or before the
date of the enactment of this Act;
(6) impairs the ability of the Bureau of Reclamation and
its managing partners to operate, maintain, or manage
Monticello Dam and other Solano Project facilities in
accordance with the purposes of such project; or
(7) modifies, changes, or supersedes any water contract or
agreements approved or administered by the Bureau of
Reclamation or Solano County Water Agency or Solano Irrigation
District.
(d) Existing Agreements.--To benefit the interests of the public,
the Secretary shall act in accordance with any agreement in existence
on the date of the enactment of this Act, including those with any
organization for the management of--
(1) campgrounds located in the Recreation Area;
(2) marinas located in the Recreation Area;
(3) lodging facilities located in the Recreation Area;
(4) food and beverage services located in the Recreation
Area; and
(5) boating and boat rental facilities located in the
Recreation Area.
(e) Adoption of Recreational Use Plan.--To manage the Recreation
Area, the Secretary shall adopt and use the recreational use plan
adopted by the Bureau of Reclamation on June 2, 2006, for the
Recreational Area. The adoption of this plan shall not constitute a
major federal action for the purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). This action is not subject
to judicial review.
SEC. 6. CONTINUED AUTHORITIES OF COMMISSIONER OF RECLAMATION.
Nothing in this Act or any subsequent management plan shall impair
the ability of the Bureau of Reclamation and its managing partners to
operate, maintain, or manage Monticello Dam, Lake Berryessa, and other
Solano Project facilities in accordance with that project's authorized
purposes. The Commissioner of Reclamation shall continue to administer
and operate--
(1) the Dam; and
(2) any power facility relating to the Dam.
SEC. 7. EXISTING AUTHORIZATIONS.
(a) In General.--Except as provided in subsections (b) and (c),
nothing in this Act affects any authorization in effect as of the date
of the enactment of this Act made by any department or agency of the
Federal Government for the use of land or water located within the
Recreation Area (referred to in this section as an ``existing
authorization'').
(b) Assumption of Existing Authorization.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall assume
the administration of any existing authorization, with such revisions
as necessary to align the authorization with existing law and policies
of the Bureau of Land Management.
(c) Renewal of Existing Authorization.--The renewal of any existing
authorization shall be made in accordance with such terms and
conditions as the Secretary may prescribe. | Lake Berryessa Recreation Enhancement Act of 2014 - (Sec. 4) Transfers the administrative jurisdiction over specified land underlying or adjacent to Lake Berryessa in California from the Bureau of Reclamation to the Bureau of Land Management (BLM) for administration as the Lake Berryessa Recreation Area. Prohibits the Secretary of the Interior from diminishing or altering: (1) day-use, short-term, or annual occupancy levels; (2) motorized boating or water surface zoning restrictions; (3) recreational hiking or equine access; or (4) hunting, fishing, shooting sports, or trapping within the area. (Sec. 5) Directs the Secretary to act in accordance with any existing agreement with any organization for the management of campgrounds, marinas, lodging facilities, food and beverage services, and boating and boat rental facilities located in the Area. Requires the Secretary to adopt the recreational use plan adopted by the Bureau of Reclamation on June 2, 2006. (Sec. 6) Declares that nothing in this Act or any subsequent management plan shall impair the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam, Lake Berryessa, and other Solano Project facilities in accordance with that project's authorized purposes. Requires the Commissioner of Reclamation to continue to administer and operate the Dam and any power facility related to it. | Lake Berryessa Recreation Enhancement Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death Tax Repeal Permanency Act of
2011''.
SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.
(a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b), this
chapter shall not apply to the estates of decedents dying on or after
the date of the enactment of the Death Tax Repeal Permanency Act of
2011.
``(b) Certain Distributions From Qualified Domestic Trusts.--In
applying section 2056A with respect to the surviving spouse of a
decedent dying before the date of the enactment of the Death Tax Repeal
Permanency Act of 2011--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made after the 10-year period beginning on such
date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of
chapter 13 of subtitle B of such Code is amended by adding at the end
the following new section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping transfers on
or after the date of the enactment of the Death Tax Repeal Permanency
Act of 2011.''.
(c) Conforming Amendments.--
(1) The table of sections for subchapter C of chapter 11 is
amended by adding at the end the following new item:
``Sec. 2210. Termination.''.
(2) The table of sections for subchapter G of chapter 13 is
amended by adding at the end the following new item:
``Sec. 2664. Termination.''.
(d) Restoration of Pre-EGTRRA Provisions Not Applicable.--
(1) In general.--Section 301 of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of
2010 shall not apply to estates of decedents dying, and
transfers made, on or after the date of the enactment of this
Act.
(2) Exception for stepped-up basis.--Paragraph (1) shall
not apply to the provisions of law amended by subtitle E of
title V of the Economic Growth and Tax Relief Reconciliation
Act of 2001 (relating to carryover basis at death; other
changes taking effect with repeal).
(e) Sunset Not Applicable.--
(1) Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 shall not apply to title V of such
Act in the case of estates of decedents dying, and transfers
made, on or after the date of the enactment of this Act.
(2) Section 304 of the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010 is hereby
repealed.
(f) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and generation-skipping
transfers, after the date of the enactment of this Act.
SEC. 3. MODIFICATIONS OF GIFT TAX.
(a) Computation of Gift Tax.--Subsection (a) of section 2502 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(a) Computation of Tax.--
``(1) In general.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to the excess of--
``(A) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for such
calendar year and for each of the preceding calendar
periods, over
``(B) a tentative tax, computed under paragraph
(2), on the aggregate sum of the taxable gifts for each
of the preceding calendar periods.
``(2) Rate schedule.--
...............................
``If the amount with respect to which The tentative tax is:
the tentative tax to be computed is:.
Not over $10,000....................... 18% of such amount.
Over $10,000 but not over $20,000...... $1,800, plus 20% of the excess
over $10,000.
Over $20,000 but not over $40,000...... $3,800, plus 22% of the excess
over $20,000.
Over $40,000 but not over $60,000...... $8,200, plus 24% of the excess
over $40,000.
Over $60,000 but not over $80,000...... $13,000, plus 26% of the excess
over $60,000.
Over $80,000 but not over $100,000..... $18,200, plus 28% of the excess
over $80,000.
Over $100,000 but not over $150,000.... $23,800, plus 30% of the excess
over $100,000.
Over $150,000 but not over $250,000.... $38,800, plus 32% of the excess
of $150,000.
Over $250,000 but not over $500,000.... $70,800, plus 34% of the excess
over $250,000.
Over $500,000.......................... $155,800, plus 35% of the
excess of $500,000.''.
(b) Treatment of Certain Transfers in Trust.--Section 2511
(relating to transfers in general) is amended by adding at the end the
following new subsection:
``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any
other provision of this section and except as provided in regulations,
a transfer in trust shall be treated as a taxable gift under section
2503, unless the trust is treated as wholly owned by the donor or the
donor's spouse under subpart E of part I of subchapter J of chapter
1.''.
(c) Lifetime Gift Exemption.--Paragraph (1) of section 2505(a) of
the Internal Revenue Code of 1986 is amended to read as follows:
``(1) the amount of the tentative tax which would be
determined under the rate schedule set forth in section
2502(a)(2) if the amount with respect to which such tentative
tax is to be computed were $5,000,000, reduced by''.
(d) Conforming Amendments.--
(1) Section 2505(a) of such Code is amended by striking the
last sentence.
(2) The heading for section 2505 of such Code is amended by
striking ``unified''.
(3) The item in the table of sections for subchapter A of
chapter 12 of such Code relating to section 2505 is amended to
read as follows:
``Sec. 2505. Credit against gift tax.''.
(e) Effective Date.--The amendments made by this section shall
apply to gifts made on or after the date of the enactment of this Act.
(f) Transition Rule.--
(1) In general.--For purposes of applying sections 1015(d),
2502, and 2505 of the Internal Revenue Code of 1986, the
calendar year in which this Act is enacted shall be treated as
2 separate calendar years one of which ends on the day before
the date of the enactment of this Act and the other of which
begins on such date of enactment.
(2) Application of section 2504(b).--For purposes of
applying section 2504(b) of the Internal Revenue Code of 1986,
the calendar year in which this Act is enacted shall be treated
as one preceding calendar period. | Death Tax Repeal Permanency Act of 2011 - Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. | To amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saudi Arabia Accountability Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) United Nations Security Council Resolution 1373 (2001)
mandates that all states ``refrain from providing any form of
support, active or passive, to entities or persons involved in
terrorist acts'', take ``the necessary steps to prevent the
commission of terrorist acts'', and ``deny safe haven to those
who finance, plan, support, or commit terrorist acts''.
(2) In 2004, the Council on Foreign Relations reported that
it knew of ``not a single Saudi donor of funds to terrorist
groups who has been publicly punished''.
(3) In his July 2005 testimony to the Committee on Banking,
Housing, and Urban Affairs of the Senate, Stewart Levey, the
Undersecretary for the Office of Terrorism and Financing
Intelligence of the Department of the Treasury, reported that
``even today, we believe that Saudi donors may still be a
significant source of terrorist financing, including for the
insurgency in Iraq''. He added that Saudi financiers and
charities ``remain a key source for the promotion of ideologies
used by terrorists and violent extremists''.
(4) According to a July 27, 2007 New York Times article,
``Of an estimated 60 to 80 foreign fighters who enter Iraq each
month, American military and intelligence officials say that
nearly half are coming from Saudi Arabia and that the Saudis
have not done enough to stem the flow.''.
(5) According to a July 15, 2007 Los Angeles Times article,
``About 45% of all foreign militants targeting U.S. troops and
Iraqi civilians and security forces are from Saudi Arabia ...
according to official U.S. military figures made available to
The Times by the senior officer. Nearly half of the 135
foreigners in U.S. detention facilities in Iraq are Saudis, he
said. Fighters from Saudi Arabia are thought to have carried
out more suicide bombings than those of any other nationality,
said the senior U.S. officer, who spoke on condition of
anonymity because of the subject's sensitivity.''.
(6) The Center for Religious Freedom, formerly affiliated
with Freedom House, in a 2006 report entitled ``Saudi Arabia's
Curriculum of Intolerance'', stated that despite 2005
statements by the Saudi Foreign Minister that their educational
curricula have been reformed, this is ``simply not the case''.
Contrarily, religious textbooks continue to advocate the
destruction of any non-Wahhabi Muslim. Saudi Arabia has
established Wahhabism, an extreme form of Islam, as the
official state doctrine, and about 5,000,000 children are
instructed each year in Islamic studies using Saudi Ministry of
Education textbooks.
(7) A Fall 2007 United States Commission on International
Religious Freedom report stated ``Due to insufficient
information provided by the Saudi government, the Commission
could not verify that a formal mechanism exists within the
Saudi government to review thoroughly and revise educational
texts and other materials sent outside of Saudi Arabia. It
appears that the Saudi government has made little or no
progress on efforts to halt the exportation of extremist
ideology outside the Kingdom.''.
(8) A September 2005 Government Accountability Office
report stated that ``Saudi Arabia's multibillion-dollar
petroleum industry, although largely owned by the government,
has fostered the creation of large private fortunes, enabling
many wealthy Saudis to sponsor charities and educational
foundations whose operations extend to many countries. United
States Government and other expert reports have linked some
Saudi donations to the global propagation of religious
intolerance, hatred of Western values, and support of terrorist
activities''.
(9) A June 2004 press release on the website of the Saudi
embassy, www.saudiembassy.net, discussed the creation of the
Saudi National Commission for Relief and Charity Work Abroad, a
nongovernmental body designed to ``take over all aspects of
private overseas aid operations and assume responsibility for
the distribution of private charitable donations from Saudi
Arabia'' in order to ``guard against money laundering and the
financing of terrorism''. As of late 2007, this Commission had
not been created.
(10) In a February 2006 open Senate Select Committee on
Intelligence hearing on the ``World Wide Threat'', former
Director of National Intelligence and current Deputy Secretary
of State John Negroponte, stated that ``there are private Saudi
citizens who still engage in these kinds of donations [in which
money is transferred back door to terrorists]''.
(11) A March 2005 report by the Congressional Research
Service stated that at least 5 persons listed as beneficiaries
of the Saudi Committee for the Support of the Al Quds Intifada
were suspected suicide bombers.
(12) During November 8, 2005 testimony on Saudi Arabia
before the Subcommittee on Terrorism, Technology, and Homeland
Security of the Committee on the Judiciary of the Senate, Steve
Emerson, terrorism expert and Executive Director of the
Investigative Project on Terrorism, stated that despite
repeated declarations by Saudi officials that there has been
substantial reform in education, progress against terrorism,
and movement toward transparency, a review of other Saudi
announcements shows that they have either specifically failed
to follow through or cannot be proven to have followed through
on their pledges. He also noted that the Saudi government
established the Saudi Committee for the Support of the Al Quds
Intifada, which was proven to provide aid to Palestinian
terrorist groups. During an Israeli raid on a Hamas
institution, they discovered a spreadsheet from the
aforementioned committee giving a detailed account about how
they received $545,000 from the committee to allocate to 102
families of so-called martyrs. The spreadsheet included the
names of 8 suicide bombers.
(13) A January 2007 Congressional Research Service Report
on Saudi Arabia's terrorist-financing activities indicated that
although the records portion of the Committee for the Support
of the Al Quds Intifada was deactivated in March 2005, of the
1,300 listed beneficiaries, over 60 matched or closely
resembled the names of known Palestinian militants who carried
out attacks against Israel between October 2000 and March 2002.
(14) The final report of the Presidentially-appointed Iraq
Study Group stated that ``funding for the Sunni insurgency in
Iraq comes from private donors in Saudi Arabia and other Gulf
states''.
(15) A January 2005 report by the Center for Religious
Freedom found that Saudi Arabia was creating and distributing,
through its embassy in Washington, D.C., material promoting
hatred, intolerance, and violence at mosques and Islamic
centers in the United States.
(16) On December 14, 2005, R. James Woolsey, former
Director of Central Intelligence wrote, ``Over the long run,
this movement [Wahhabism] is in many ways the most dangerous of
the ideological enemies we face.'' Mr. Woolsey also explained
that ``al Qaeda and the Wahhabis share essentially the same
underlying totalitarian theocratic ideology. It is this common
Salafist ideology that the Wahhabis have been spreading widely
-- financed by $3-4 billion/year from the Saudi government and
wealthy individuals in the Middle East over the last quarter
century -- to the madrassas of Pakistan, the textbooks of
Turkish children in Germany, and the mosques of Europe and the
U.S.''.
(17) According to a May 2006 report by the Center for
Religious Freedom, official Saudi religious textbooks continue
to teach hatred of those who do not follow Wahhabi Muslim
doctrine and encourage jihad against such ``infidels'' and
``the Saudi public school religious curriculum continues to
propagate an ideology of hate toward the unbeliever ... [A]
text instructs students that it is a religious obligation to do
`battle' against infidels in order to spread the faith''.
(18) In May 2006, the Congressional Research Service
reported that ``Saudi Arabia has discussed increasing boycott
efforts against Israel, despite their WTO [World Trade
Organization] obligations''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is imperative that the Government of Saudi Arabia
immediately and unconditionally--
(A) permanently close all charities, schools, or
other organizations or institutions in the Kingdom of
Saudi Arabia that fund, train, incite, encourage, or in
any other way aid and abet terrorism anywhere in the
world (referred to in this Act as ``Saudi-based terror
organizations''), including by means of providing
support for the families of individuals who have
committed acts of terrorism;
(B) end funding or other support by the Government
of Saudi Arabia for charities, schools, and any other
organizations or institutions outside the Kingdom of
Saudi Arabia that train, incite, encourage, or in any
other way aid and abet terrorism anywhere in the world
(referred to in this Act as ``offshore terror
organizations''), including by means of providing
support for the families of individuals who have
committed acts of terrorism;
(C) block all funding from private Saudi citizens
and entities to any Saudi-based terror organization or
offshore terrorism organization; and
(D) provide complete, unrestricted, and
unobstructed cooperation to the United States,
including the unsolicited sharing of relevant
intelligence in a consistent and timely fashion, in the
investigation of groups and individuals that are
suspected of financing, supporting, plotting, or
committing an act of terror against United States
citizens anywhere in the world, including within the
Kingdom of Saudi Arabia; and
(2) the President, in determining whether to make the
certification described in section 4, should judge whether the
Government of Saudi Arabia has continued and sufficiently
expanded its efforts to combat terrorism since the May 12, 2003
bombing in Riyadh.
SEC. 4. PRESIDENTIAL CERTIFICATION.
The President shall certify to the appropriate congressional
committees when the President determines that the Government of Saudi
Arabia--
(1) is fully cooperating with the United States in
investigating and preventing terrorist attacks;
(2) has permanently closed all Saudi-based Wahhabbist
organizations that fund Islamic extremism, internally and
abroad;
(3) has exercised maximum efforts to block all funding from
private Saudi citizens, corporations, and entities, to foreign
Islamic extremist and terrorist movements; and
(4) has stopped financing and disseminating materials, and
other forms of support, that encourage the spread of radical
Wahhabi ideology.
SEC. 5. STATUS REPORT.
(a) Requirement for Report.--Not later than 6 months after the date
of the enactment of this Act, and every 12 months thereafter until the
President makes the certification described in section 4, the Secretary
of State shall submit a report to the appropriate congressional
committees that describes the progress made by the Government of Saudi
Arabia toward meeting the conditions described in paragraphs (1)
through (4) of section 4.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form and may include a classified annex.
SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives. | Saudi Arabia Accountability Act of 2007 - Expresses the sense of Congress that the government of Saudi Arabia must: (1) close permanently all organizations in Saudi Arabia that fund, train, encourage, or aid terrorism anywhere in the world; (2) end funding for terror organizations outside Saudi Arabia; (3) block funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations; and (4) cooperate fully with the United States in investigating terror groups and individuals.
Directs the President to certify to the appropriate congressional committees when the government of Saudi Arabia: (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has permanently closed all Saudi-based Wahhabbist organizations that fund Islamic extremism; (3) has exercised maximum efforts to block all funding from private Saudi citizens, corporations, and entities to foreign Islamic extremist and terrorist movements; and (4) has stopped financing and disseminating materials and other forms of support that encourage the spread of radical Wahhabi ideology.
Directs the President to report annually to the committees until such certification is made. | A bill to strongly encourage the Government of Saudi Arabia to end its support for institutions that fund, train, incite, encourage, or in any other way aid and abet terrorism, to secure full Saudi cooperation in the investigation of terrorist incidents, to denounce Saudi sponsorship of extremist Wahhabi ideology, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Drug Savings Act of 2011''.
SEC. 2. REQUIRING DRUG MANUFACTURERS TO PROVIDE DRUG REBATES FOR DRUGS
DISPENSED TO LOW-INCOME INDIVIDUALS.
(a) In General.--Section 1860D-2 of the Social Security Act (42
U.S.C. 1395w-102) is amended--
(1) in subsection (e)(1), in the matter preceding
subparagraph (A), by inserting ``and subsection (f)'' after
``this subsection''; and
(2) by adding at the end the following new subsection:
``(f) Prescription Drug Rebate Agreement for Rebate Eligible
Individuals.--
``(1) Requirement.--
``(A) In general.--For plan years beginning on or
after January 1, 2013, in this part, the term `covered
part D drug' does not include any drug or biological
product that is manufactured by a manufacturer that has
not entered into and have in effect a rebate agreement
described in paragraph (2).
``(B) 2012 plan year requirement.--Any drug or
biological product manufactured by a manufacturer that
declines to enter into a rebate agreement described in
paragraph (2) for the period beginning on January 1,
2012, and ending on December 31, 2012, shall not be
included as a `covered part D drug' for the subsequent
plan year.
``(2) Rebate agreement.--A rebate agreement under this
subsection shall require the manufacturer to provide to the
Secretary a rebate for each rebate period (as defined in
paragraph (6)(B)) ending after December 31, 2011, in the amount
specified in paragraph (3) for any covered part D drug of the
manufacturer dispensed after December 31, 2011, to any rebate
eligible individual (as defined in paragraph (6)(A)) for which
payment was made by a PDP sponsor or MA organization under this
part for such period, including payments passed through the
low-income and reinsurance subsidies under sections 1860D-14
and 1860D-15(b), respectively. Such rebate shall be paid by the
manufacturer to the Secretary not later than 30 days after the
date of receipt of the information described in section 1860D-
12(b)(7), including as such section is applied under section
1857(f)(3), or 30 days after the receipt of information under
subparagraph (D) of paragraph (3), as determined by the
Secretary. Insofar as not inconsistent with this subsection,
the Secretary shall establish terms and conditions of such
agreement relating to compliance, penalties, and program
evaluations, investigations, and audits that are similar to the
terms and conditions for rebate agreements under paragraphs (3)
and (4) of section 1927(b).
``(3) Rebate for rebate eligible medicare drug plan
enrollees.--
``(A) In general.--The amount of the rebate
specified under this paragraph for a manufacturer for a
rebate period, with respect to each dosage form and
strength of any covered part D drug provided by such
manufacturer and dispensed to a rebate eligible
individual, shall be equal to the product of--
``(i) the total number of units of such
dosage form and strength of the drug so
provided and dispensed for which payment was
made by a PDP sponsor or an MA organization
under this part for the rebate period,
including payments passed through the low-
income and reinsurance subsidies under sections
1860D-14 and 1860D-15(b), respectively; and
``(ii) the amount (if any) by which--
``(I) the Medicaid rebate amount
(as defined in subparagraph (B)) for
such form, strength, and period,
exceeds
``(II) the average Medicare drug
program rebate eligible rebate amount
(as defined in subparagraph (C)) for
such form, strength, and period.
``(B) Medicaid rebate amount.--For purposes of this
paragraph, the term `Medicaid rebate amount' means,
with respect to each dosage form and strength of a
covered part D drug provided by the manufacturer for a
rebate period--
``(i) in the case of a single source drug
or an innovator multiple source drug, the
amount specified in paragraph (1)(A)(ii)(II) or
(2)(C) of section 1927(c) plus the amount, if
any, specified in subparagraph (A)(ii) of
paragraph (2) of such section, for such form,
strength, and period; or
``(ii) in the case of any other covered
outpatient drug, the amount specified in
paragraph (3)(A)(i) of such section for such
form, strength, and period.
``(C) Average medicare drug program rebate eligible
rebate amount.--For purposes of this subsection, the
term `average Medicare drug program rebate eligible
rebate amount' means, with respect to each dosage form
and strength of a covered part D drug provided by a
manufacturer for a rebate period, the sum, for all PDP
sponsors under part D and MA organizations
administering an MA-PD plan under part C, of--
``(i) the product, for each such sponsor or
organization, of--
``(I) the sum of all rebates,
discounts, or other price concessions
(not taking into account any rebate
provided under paragraph (2) or any
discounts under the program under
section 1860D-14A) for such dosage form
and strength of the drug dispensed,
calculated on a per-unit basis, but
only to the extent that any such
rebate, discount, or other price
concession applies equally to drugs
dispensed to rebate eligible Medicare
drug plan enrollees and drugs dispensed
to PDP and MA-PD enrollees who are not
rebate eligible individuals; and
``(II) the number of the units of
such dosage and strength of the drug
dispensed during the rebate period to
rebate eligible individuals enrolled in
the prescription drug plans
administered by the PDP sponsor or the
MA-PD plans administered by the MA
organization; divided by
``(ii) the total number of units of such
dosage and strength of the drug dispensed
during the rebate period to rebate eligible
individuals enrolled in all prescription drug
plans administered by PDP sponsors and all MA-
PD plans administered by MA organizations.
``(D) Use of estimates.--The Secretary may
establish a methodology for estimating the average
Medicare drug program rebate eligible rebate amounts
for each rebate period based on bid and utilization
information under this part and may use these estimates
as the basis for determining the rebates under this
section. If the Secretary elects to estimate the
average Medicare drug program rebate eligible rebate
amounts, the Secretary shall establish a reconciliation
process for adjusting manufacturer rebate payments not
later than 3 months after the date that manufacturers
receive the information collected under section 1860D-
12(b)(7)(B).
``(4) Length of agreement.--The provisions of paragraph (4)
of section 1927(b) (other than clauses (iv) and (v) of
subparagraph (B)) shall apply to rebate agreements under this
subsection in the same manner as such paragraph applies to a
rebate agreement under such section.
``(5) Other terms and conditions.--The Secretary shall
establish other terms and conditions of the rebate agreement
under this subsection, including terms and conditions related
to compliance, that are consistent with this subsection.
``(6) Definitions.--In this subsection and section 1860D-
12(b)(7):
``(A) Rebate eligible individual.--The term `rebate
eligible individual' means--
``(i) a subsidy eligible individual (as
defined in section 1860D-14(a)(3)(A));
``(ii) a Medicaid beneficiary treated as a
subsidy eligible individual under clause (v) of
section 1860D-14(a)(3)(B); and
``(iii) any part D eligible individual not
described in clause (i) or (ii) who is
determined for purposes of the State plan under
title XIX to be eligible for medical assistance
under clause (i), (iii), or (iv) of section
1902(a)(10)(E).
``(B) Rebate period.--The term `rebate period' has
the meaning given such term in section 1927(k)(8).''.
(b) Reporting Requirement for the Determination and Payment of
Rebates by Manufactures Related to Rebate for Rebate Eligible Medicare
Drug Plan Enrollees.--
(1) Requirements for pdp sponsors.--Section 1860D-12(b) of
the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by
adding at the end the following new paragraph:
``(7) Reporting requirement for the determination and
payment of rebates by manufacturers related to rebate for
rebate eligible medicare drug plan enrollees.--
``(A) In general.--For purposes of the rebate under
section 1860D-2(f) for contract years beginning on or
after January 1, 2013, each contract entered into with
a PDP sponsor under this part with respect to a
prescription drug plan shall require that the sponsor
comply with subparagraphs (B) and (C).
``(B) Report form and contents.--Not later than a
date specified by the Secretary, a PDP sponsor of a
prescription drug plan under this part shall report to
each manufacturer--
``(i) information (by National Drug Code
number) on the total number of units of each
dosage, form, and strength of each drug of such
manufacturer dispensed to rebate eligible
Medicare drug plan enrollees under any
prescription drug plan operated by the PDP
sponsor during the rebate period;
``(ii) information on the price discounts,
price concessions, and rebates for such drugs
for such form, strength, and period;
``(iii) information on the extent to which
such price discounts, price concessions, and
rebates apply equally to rebate eligible
Medicare drug plan enrollees and PDP enrollees
who are not rebate eligible Medicare drug plan
enrollees; and
``(iv) any additional information that the
Secretary determines is necessary to enable the
Secretary to calculate the average Medicare
drug program rebate eligible rebate amount (as
defined in paragraph (3)(C) of such section),
and to determine the amount of the rebate
required under this section, for such form,
strength, and period.
Such report shall be in a form consistent with a
standard reporting format established by the Secretary.
``(C) Submission to secretary.--Each PDP sponsor
shall promptly transmit a copy of the information
reported under subparagraph (B) to the Secretary for
the purpose of audit oversight and evaluation.
``(D) Confidentiality of information.--The
provisions of subparagraph (D) of section 1927(b)(3),
relating to confidentiality of information, shall apply
to information reported by PDP sponsors under this
paragraph in the same manner that such provisions apply
to information disclosed by manufacturers or
wholesalers under such section, except--
``(i) that any reference to `this section'
in clause (i) of such subparagraph shall be
treated as being a reference to this section;
``(ii) the reference to the Director of the
Congressional Budget Office in clause (iii) of
such subparagraph shall be treated as including
a reference to the Medicare Payment Advisory
Commission; and
``(iii) clause (iv) of such subparagraph
shall not apply.
``(E) Oversight.--Information reported under this
paragraph may be used by the Inspector General of the
Department of Health and Human Services for the
statutorily authorized purposes of audit,
investigation, and evaluations.
``(F) Penalties for failure to provide timely
information and provision of false information.--In the
case of a PDP sponsor--
``(i) that fails to provide information
required under subparagraph (B) on a timely
basis, the sponsor is subject to a civil money
penalty in the amount of $10,000 for each day
in which such information has not been
provided; or
``(ii) that knowingly (as defined in
section 1128A(i)) provides false information
under such subparagraph, the sponsor is subject
to a civil money penalty in an amount not to
exceed $100,000 for each item of false
information.
Such civil money penalties are in addition to other
penalties as may be prescribed by law. The provisions
of section 1128A (other than subsections (a) and (b))
shall apply to a civil money penalty under this
subparagraph in the same manner as such provisions
apply to a penalty or proceeding under section
1128A(a).''.
(2) Application to ma organizations.--Section 1857(f)(3) of
the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended
by adding at the end the following:
``(D) Reporting requirement related to rebate for
rebate eligible medicare drug plan enrollees.--Section
1860D-12(b)(7).''.
(c) Deposit of Rebates Into Medicare Prescription Drug Account.--
Section 1860D-16(c) of the Social Security Act (42 U.S.C. 1395w-116(c))
is amended by adding at the end the following new paragraph:
``(6) Rebate for rebate eligible medicare drug plan
enrollees.--Amounts paid under a rebate agreement under section
1860D-2(f) shall be deposited into the Account.''.
(d) Exclusion From Determination of Best Price and Average
Manufacturer Price Under Medicaid.--
(1) Exclusion from best price determination.--Section
1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C.
1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``and amounts
paid under a rebate agreement under section 1860D-2(f)'' after
``this section''.
(2) Exclusion from average manufacturer price
determination.--Section 1927(k)(1)(B)(i) of the Social Security
Act (42 U.S.C. 1396r-8(k)(1)(B)(i)) is amended--
(A) in subclause (IV), by striking ``and'' after
the semicolon;
(B) in subclause (V), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(VI) amounts paid under a rebate
agreement under section 1860D-2(f).''. | Medicare Drug Savings Act of 2011 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require drug manufacturers to pay the Secretary of Health and Human Services (HHS) drug rebates for rebate eligible (low-income) individuals. Excludes from Medicare coverage as a part D drug any drug or biological manufactured by a manufacturer that has not entered into and have in effect a rebate agreement with the Secretary.
Requires a rebate agreement to require a drug or biological manufacturer to provide to the Secretary a rebate, determined according to a specified formula, for each rebate period ending after December 31, 2011, for any covered Medicare part D drug dispensed after that date to any rebate eligible individual for which payment was made by a prescription drug plan (PDP) sponsor or MedicareAdvantage (MA) organization for such period.
Specifies a formula for determination of Medicaid rebate amounts for such drugs or biologicals.
Amends SSA title XIX (Medicaid) to exclude any amounts paid under a rebate agreement from the determination of best price and average manufacturer price under the Medicaid program. | A bill to amend title XVIII of the Social Security Act to require drug manufacturers to provide drug rebates for drugs dispensed to low-income individuals under the Medicare prescription drug benefit program. |
SECTION 1. GAO REPORT ON UNIVERSAL SERVICE REFORMS.
(a) Purpose.--The purpose of the report required under subsection
(b) is to aid Congress in monitoring and measuring the effects of a
series of reforms by the Federal Communications Commission (in this Act
referred to as the ``FCC'') intended to promote the availability and
affordability of broadband service throughout the United States.
(b) Report.--The Comptroller General of the United States shall
prepare a report providing detailed measurements, statistics, and
metrics with respect to--
(1) the progress of implementation of the reforms adopted
in the FCC's Report and Order and Further Notice of Proposed
Rulemaking adopted on October 27, 2011 (FCC 11-161) (in this
Act referred to as the ``Order'');
(2) the effects, if any, of such reforms on retail end user
rates during the applicable calendar year for--
(A) local voice telephony services (including any
subscriber line charges and access recovery charges
assessed by carriers upon purchasers of such services);
(B) interconnected VoIP services;
(C) long distance voice services;
(D) mobile wireless voice services;
(E) bundles of voice telephony or VoIP services
(such as local and long distance voice packages);
(F) fixed broadband Internet access services; and
(G) mobile broadband Internet access services;
(3) any disparities or trends detectable during the
applicable calendar year with respect to the relative average
(such as per-consumer) retail rates charged for each of the
services listed in paragraph (2) to consumers (including both
residential and business users) located in rural areas and
urban areas;
(4) any disparities or trends detectable during the
applicable calendar year with respect to the relative average
(such as per-consumer) retail rates charged for each of the
services listed in paragraph (2) as between incumbent local
exchange carriers subject to price cap regulation and those
subject to rate-of-return regulation;
(5) the effects, if any, of those reforms adopted in the
Order on average fixed and mobile broadband Internet access
speeds, respectively, available to residential and business
consumers, respectively, during the applicable calendar year;
(6) any disparities or trends detectable during the
applicable calendar year with respect to the relative average
fixed and mobile broadband Internet access speeds,
respectively, available to residential and business consumers,
respectively, in rural areas and urban areas;
(7) the effects, if any, of those reforms adopted in the
Order on the magnitude and pace of investments in broadband-
capable networks in rural areas, including such investments
financed by the Department of Agriculture's Rural Utilities
Service under the Rural Electrification Act of 1936 (7 U.S.C.
901 et seq.);
(8) any disparities or trends detectable during the
applicable calendar year with respect to the relative magnitude
and pace of investments in broadband-capable networks in rural
areas and urban areas;
(9) any disparities or trends detectable during the
applicable calendar year with respect to the magnitude and pace
of investments in broadband-capable networks in areas served by
carriers subject to price cap regulation and areas served by
carriers subject to rate-of-return regulation;
(10) the effects, if any, of those reforms adopted in the
Order on adoption of broadband Internet access services by end
users; and
(11) the effects, if any, of such reforms on State
universal service funds or other State universal service
initiatives, including carrier-of-last-resort requirements that
may be enforced by any State.
(c) Timing.--On or before December 31, 2013, and annually
thereafter for the following 5 calendar years, the Comptroller General
shall submit the report required under subsection (b) to the following:
(1) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The Committee on Agriculture, Nutrition, and Forestry
of the Senate.
(3) The Committee on Energy and Commerce of the House of
Representatives.
(4) The Committee on Agriculture of the House of
Representatives.
(d) Data Inclusion.--The report required under subsection (b) shall
include all data that the Comptroller General deems relevant to and
supportive of any conclusions drawn with respect to the effects of the
FCC's reforms and any disparities or trends detected in the items
subject to the report. | Directs the Comptroller General (GAO), beginning on or before December 31, 2013, and annually thereafter for the following five years, to prepare a report to aid Congress in monitoring and measuring the effects of a series of reforms by the Federal Communications Commission (FCC) intended to promote the availability and affordability of broadband service throughout the United States. Requires such report to include measurements, statistics, and metrics with respect to: the implementation progress on the reforms adopted in the FCC's Report and Order and Further Notice of Proposed Rulemaking adopted on October 27, 2011; any effects of such reforms on retail end-user rates for local voice telephony, interconnected VoIP (voice over Internet Protocol), long distance voice, mobile wireless voice, bundles of voice telephony or VoIP, fixed broadband Internet access, and mobile broadband Internet access services; any disparities or trends with respect to the relative average (such as per consumer) retail rates charged for each service to residential and business consumers located in rural and urban areas as well as between incumbent local exchange carriers subject to price cap regulation and those subject to rate-of-return regulation; any effects on average fixed and mobile broadband Internet access speeds available to residential and business consumers as well as speed disparities between rural and urban areas; any effects on the magnitude and pace of investments in broadband-capable networks in rural areas, including investments financed by the Department of Agriculture's (USDA) Rural Utilities Service under the Rural Electrification Act of 1936, and investment disparities between rural and urban areas; any disparities or trends with respect to the magnitude and pace of investments in broadband-capable networks in areas served by carriers subject to price cap regulation and areas served by carriers subject to rate-of-return regulation; any effects on adoption of broadband Internet access services by end users; and any effects on state universal service funds or initiatives, including carrier-of-last-resort requirements. | A bill to require the Comptroller General of the United States to submit a report to Congress on the effectiveness of the Federal Communications Commission's universal service reforms. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lupus Research, Education,
Awareness, Communication, and Healthcare Amendments of 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
TITLE I--EXPANDING AND IMPROVING RESEARCH ON LUPUS
Sec. 101. Expansion of lupus biomedical research.
Sec. 102. Strengthening lupus epidemiology; lupus study.
TITLE II--ENHANCING LUPUS AWARENESS AND EDUCATION
Sec. 201. Increasing public awareness and improving health professional
education.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Lupus is a serious, complex, debilitating autoimmune
disease that can cause inflammation and tissue damage to
virtually any organ system in the body, including the skin,
joints, other connective tissue, blood and blood vessels,
heart, lungs, kidney, and brain.
(2) The Lupus Foundation of America, Inc. estimates that
approximately 1,500,000 to 2,000,000 Americans live with some
form of lupus; lupus affects women 9 times more often than men
and 80 percent of newly diagnosed cases of lupus develop among
women of child-bearing age.
(3) Lupus disproportionately affects women of color; it is
2 to 3 times more common among African-Americans, Hispanics,
Asians, and Native Americans and is generally more prevalent in
minority populations, a health disparity that remains
unexplained. According to the Centers for Disease Control and
Prevention, the rate of lupus mortality has increased since the
late 1970s and is higher among older African-American women.
(4) There have been no new drugs approved by the Food and
Drug Administration specifically for lupus in nearly 40 years
and while current treatments for the disease can be effective,
they can lead to damaging side effects.
(5) The pain and fatigue associated with lupus can threaten
people's ability to live independently and make it difficult to
maintain employment and lead normal lives. One in 5 people with
lupus is disabled by the disease, and consequently receives
support from government programs, including medicare, medicaid,
social security disability, and social security supplemental
income.
(6) The estimated average annual cost of medical treatment
for an individual with lupus can range between $10,000 and
$30,000; for people who have the most serious form of lupus,
medical costs can greatly exceed this amount, causing a
significant economic, emotional, and social burden to the
entire family and to society.
(7) More than \1/2\ of the people with lupus suffer 4 or
more years and visit 3 or more physicians before obtaining a
diagnosis of lupus; early diagnosis of, and commencement of
treatment for, lupus can prevent or reduce serious organ
damage, disability, and death.
(8) Despite the magnitude of lupus and its impact on
individuals and families, health professional and public
understanding of lupus remains low; only 1 of 5 Americans can
provide even basic information about lupus, and awareness of
lupus is lowest among adults ages 18 to 34, the age group most
likely to develop symptoms of lupus.
(9) Lupus is a significant national health issue that
deserves a comprehensive and coordinated response by Federal
and State governments with the involvement of the healthcare
provider, patient, and public health communities.
TITLE I--EXPANDING AND IMPROVING RESEARCH ON LUPUS
SEC. 101. EXPANSION OF LUPUS BIOMEDICAL RESEARCH.
Section 441A of the Public Health Service Act (42 U.S.C. 285d-6a)
is amended to read as follows:
``expansion of lupus biomedical research
``Sec. 441A. (a) In General.--The Secretary, acting through the
Director of the Institute, shall expand and intensify research and
related activities of the Institute with respect to lupus.
``(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities of the Director under
subsection (a) with similar activities conducted by the other national
research institutes and agencies of the National Institutes of Health
to the extent that such institutes and agencies have responsibilities
that are related to lupus.
``(c) Programs for Lupus.--In carrying out subsection (a), the
Director of the Institute shall conduct or support research to expand
the understanding of the causes of, and to find a cure for, lupus.
Activities under such subsection shall include conducting and
supporting the following:
``(1) Basic research to discover the pathogenesis and
pathophysiology of the disease.
``(2) Research to determine the reasons underlying the
disproportionate prevalence of lupus in African-American,
Hispanic, Native American, and Asian women.
``(3) Epidemiological studies to address the frequency and
natural history of the disease and the differences between the
sexes and among racial and ethnic groups with respect to the
disease.
``(4) Clinical research for the development and evaluation
of new treatments, including new biological agents.
``(5) Research to validate lupus biomarkers.
``(6) Research to develop improved diagnostic tests.''.
SEC. 102. STRENGTHENING LUPUS EPIDEMIOLOGY; LUPUS STUDY.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 318B the following:
``strengthening lupus epidemiology
``Sec. 318C. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall work
with a consortium of leading United States academic health institutions
that have expertise in the epidemiology of lupus to undertake a
national scale lupus epidemiological study to determine the true
prevalence and incidence of lupus in the United States.
``(b) Use of Funds.--The Director of the Centers for Disease
Control and Prevention shall enter into a cooperative agreement with
the consortium described in subsection (a) to develop, implement, and
manage a system for lupus data collection and analysis, including--
``(1) the creation and use of a common data entry and
management system across all study sites; and
``(2) the enhancement of the 2 study sites involved in the
existing lupus patient registry of the Centers for Disease
Control and Prevention on the day before the date of enactment
of the Lupus Research, Education, Awareness, Communication, and
Healthcare Amendments of 2005.
``(c) Geographic Representation.--The Director of the Centers for
Disease Control and Prevention shall ensure that the consortium
described in subsection (a) represents different geographic regions of
the United States that have a sufficient number of individuals of all
racial and ethnic backgrounds disproportionately affected by lupus,
including Hispanics, Asians, Native Americans, and African-Americans.
``(d) Certain Activities.--In carrying out subsections (a) and (b),
the consortium described in subsection (a) shall capture data related
to all affected populations on all forms of lupus, including lupus
related disorders.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,500,000 for each of the
fiscal years 2006, 2007, 2008, and 2009.
``lupus study and report by the institute of medicine
``Sec. 318D. (a) Contract.--The Secretary shall enter into a
contract with the Institute of Medicine to conduct a study--
``(1) to evaluate the Federal and State activities related
to lupus research, education, and awareness programs and
activities and make recommendations for ways in which these
initiatives could be expanded;
``(2) to identify the gaps in Federal research related to--
``(A) the causes of lupus;
``(B) lupus detection and diagnosis;
``(C) lupus treatment; and
``(D) lupus quality-of-life concerns;
``(3) to make recommendations for building and supporting
the lupus research enterprise, including recommendations for
strategies for future basic, clinical, social, and behavioral
research--
``(A) to determine the pathophysiology and
pathogenesis of the disease; and
``(B) to secure the development of new and improved
lupus therapies and ways to diagnose the disease;
``(4) to determine the gaps in lupus health professional
education programs and public awareness efforts and make
recommendations for ways in which the Federal Government can--
``(A) improve public and health professional
awareness of lupus; and
``(B) partner and support nonprofit voluntary
health agencies (such as the Lupus Foundation of
America, Inc.) and academic institutions and other
interested stakeholders whose primary purposes are to
increase public awareness of lupus and to improve the
diagnosis and treatment of lupus;
``(5) to make recommendations regarding ways to improve the
quality of life for people with lupus;
``(6) to summarize the clinical and biological features of
lupus and the characteristics and management of major symptoms
and make recommendations for disease management and
measurement; and
``(7) to make recommendations for epidemiological studies
in the various population groups affected by lupus in the
United States.
``(b) Report.--Not later than 18 months after the date of enactment
of the Lupus Research, Education, Awareness, Communication, and
Healthcare Amendments of 2005, the Institute of Medicine shall submit
to the Secretary a report containing the information described in
paragraphs (1) through (7) of subsection (a).''.
TITLE II--ENHANCING LUPUS AWARENESS AND EDUCATION
SEC. 201. INCREASING PUBLIC AWARENESS AND IMPROVING HEALTH PROFESSIONAL
EDUCATION.
Part B of title III of the Public Health Service Act (as amended by
section 102) (42 U.S.C. 243 et seq.) is further amended by inserting
after section 318D the following:
``increasing public awareness of lupus and improving health
professional education
``Sec. 318E. (a) In General.--The Secretary, acting through the
Director of the Office on Women's Health and in collaboration with the
Lupus Foundation of America, Inc. and the National Center on Minority
Health and Health Disparities of the National Institutes of Health,
shall conduct and support a sustained national lupus public awareness
and health professional education campaign, with an emphasis on
reaching populations at highest risk for the disease.
``(b) Use of Funds.--In conducting the sustained national lupus
public awareness and health professional educational campaign, the
Director of the Office on Women's Health shall--
``(1) promote increased awareness of early intervention and
treatment so as to significantly improve the diagnosis,
treatment, and quality of life for people with lupus;
``(2) direct communication and education efforts toward
minority communities that may be underserved or
disproportionately affected by lupus; and
``(3) target at-risk women and health professionals likely
to see women with lupus, including primary care physicians and
specialists such as rheumatologists, nephrologists,
dermatologists, and immunologists, so as to help reduce the
amount of time taken to achieve a correct diagnosis of lupus.
``(c) Certain Activities.--To the extent practicable and
appropriate, the Secretary shall ensure that communications under
subsections (a) and (b) provide the latest medically sound information
related to the signs, symptoms, diagnosis, and disease management of
lupus.
``(d) Integration With Other Programs.--To the extent practicable
and appropriate, the Secretary shall integrate efforts under this
section with other programs carried out by the Secretary.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of the
fiscal years 2006 through 2010.''. | Lupus Research, Education, Awareness, Communication, and Healthcare Amendments of 2005 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand research on lupus to include: (1) basic research to discover the pathogenesis and pathophysiology of the disease; and (2) research to validate lupus biomarkers.
Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to work with a consortium of academic health institutions to undertake an epidemiological study to determine the prevalence and incidence of lupus in the United States. Requires the Director of CDC to: (1) enter into a cooperative agreement with such consortium to develop, implement, and manage a system for lupus data collection and analysis; and (2) ensure that such consortium represents different geographic areas and includes individuals of racial and ethnic backgrounds disproportionately affected by lupus.
Requires the Secretary to enter into a contract with the Institute of Medicine to study and make recommendations related to lupus, to include: (1) evaluating Federal and State activities related to lupus and recommending ways to expand such activities; (2) identifying gaps in Federal research; and (3) recommending ways to improve the quality of life for people with lupus.
Requires the Secretary, acting through the Director of the Office on Women's Health, to conduct and support a national lupus public awareness and health professional education campaign, with an emphasis on reaching populations at highest risk for the disease. | A bill to amend the Public Health Service Act to enhance public and health professional awareness and understanding of lupus and to strengthen the Nation's research efforts to identify the causes and cure of lupus. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Disability Waiting
Period Repeal Act of 2001''.
SEC. 2. ELIMINATION OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY.
(a) Disability Insurance Benefits.--
(1) In general.--The first sentence of section 223(a)(1) of
the Social Security Act (42 U.S.C. 423(a)(1)) is amended by
striking ``(i) for each month'' and all that follows through
``the first month in which he is under such disability'' and
inserting the following: ``for each month beginning with the
first month during all of which such individual is under a
disability and in which such individual becomes so entitled to
such insurance benefits''.
(2) Waiting period eliminated from determination of benefit
amount.--
(A) In general.--The first sentence of section
223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is amended
by striking ``in--'' and all that follows through ``and
as though'' and inserting the following: ``in the first
month for which such individual becomes entitled to
such disability insurance benefits, and as though''.
(B) Conforming amendment.--The second sentence of
section 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is
amended by striking ``subparagraph (A) or (B) of such
sentence, as the case may be'' and inserting ``such
sentence''.
(3) Elimination of defined term.--
(A) In general.--Section 223(c)(2) of such Act is
repealed.
(B) Conforming amendments.--
(i) The heading of section 223(c) of such
Act (42 U.S.C. 423(c)) is amended to read as
follows: ``Definition of Insured Status''.
(ii) Section 223(c)(1) of such Act (42
U.S.C. 423(c)(1)) is amended by striking ``For
purposes of subparagraph (B) of this paragraph,
when the number of quarters'' in the last
sentence and inserting the following:
``(2) In applying paragraph (1)(B), when the number of
quarters''.
(b) Widow's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(e)(1)(F) of such Act (42
U.S.C. 402(e)(1)(F)) is amended to read as follows:
``(F) if she satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which she is under
a disability and in which she becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(e) of such
Act (42 U.S.C. 402(e)) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6), (7), (8), and
(9) as paragraphs (5), (6), (7), and (8), respectively.
(c) Widower's Insurance Benefits Based on Disability.--
(1) In general.--Section 202(f)(1)(F) of such Act (42
U.S.C. 402(f)(1)(F)) is amended to read as follows:
``(F) if he satisfies subparagraph (B) by reason of clause
(ii) thereof, the first month during all of which he is under a
disability and in which he becomes so entitled to such
insurance benefits,''.
(2) Elimination of defined term.--Section 202(f) of such
Act (42 U.S.C. 402(f)) is amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7), (8), and (9)
as paragraphs (6), (7), and (8), respectively.
(d) Elimination of Waiting Period for Commencement of Periods of
Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A))
is amended by striking ``, but only'' and all that follows and
inserting a period.
SEC. 3. EFFECTIVE DATES.
The amendments made by subsection (a) of section 2 of this Act
shall apply only with respect to benefits under section 223 of the
Social Security Act, or under section 202 of such Act on the basis of
the wages and self-employment income of an individual entitled to
benefits under such section 223, for months after the third month
following the month in which this Act is enacted. The amendments made
by subsections (b) and (c) of section 2 of this Act shall apply only
with respect to benefits based on disability under subsection (e) or
(f) of section 202 of the Social Security Act (42 U.S.C. 402) for
months after the third month following the month in which this Act is
enacted. The amendment made by subsection (d) of section 2 of this Act
shall apply only with respect to applications for disability
determinations filed under title II of the Social Security Act on or
after the 90th day following the date of the enactment of this Act. | Social Security Disability Waiting Period Repeal Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to eliminate the five-month waiting period for an individual (including a disabled widow or widower) to be eligible for benefits based on disability. | To amend title II of the Social Security Act to eliminate the 5-month waiting period which is presently required in order for an individual to be eligible for benefits based on disability or for the disability freeze. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Turning Around Low-Performing Public
High Schools Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Only 70 percent of United States students graduate on
time with a regular diploma and about 1,200,000 students drop
out regularly. Almost 50 percent of public high school students
in the 50 largest cities of the United States fail to graduate.
(2) Only 50 percent of all Black students and 53 percent of
Hispanic students graduate from high school. Males fare even
worse, with only 43 percent of Black male students and 48
percent of Hispanic male students graduating.
(3) High school dropouts are more likely to live in
poverty, join gangs, and use drugs. They are more than 8 times
as likely to be in jail as a person with a diploma. This
results in a lifetime cost for a dropout who moves to a life of
crime and drugs of $1,700,000 to $2,300,000.
(4) High school turnaround requires a systematic and
comprehensive approach that addresses changes in instructional
improvement and structural changes in the school organization.
(5) Effective turnaround organizations that partner with
low-performing local educational agencies and schools can build
the capacity of the agencies and schools to reform services and
systems.
(6) Turnaround partner organizations with experience and
expertise at the high school level that have the capacity and
flexibility to work nationally are in short supply.
(7) Although the funds made available under section 14006
of division A of the American Recovery and Reinvestment Act of
2009 are designed to help States reform low-performing schools,
not all States will qualify to receive the funds, even though
they contain low-performing high schools.
(8) Not all failing high schools are eligible to receive
school improvement grants under section 1003 of the Elementary
and Secondary Education Act of 1965.
(9) The challenge of high school turnaround exceeds the
capacity of many local educational agencies, requiring the
expertise of external partnership organizations.
(10) Alternative turnaround strategies that do not involve
charter schools or were not addressed in the American Recovery
and Reinvestment Act of 2009 turnaround model are needed to be
able reach all low-performing public high schools.
SEC. 3. HIGH SCHOOL TURNAROUND.
(a) Purposes.--The purposes of this section are--
(1) to turn around low-performing high schools and increase
graduation rates and college readiness for poor and minority
graduating high school students;
(2) to improve teacher and principal quality in high
schools that serve students at risk of dropping out of school;
(3) to provide support and assistance to organizations that
serve as high school turnaround partners for schools and local
educational agencies that may not be eligible to receive funds
made available under section 14006 of division A of the
American Recovery and Reinvestment Act of 2009 in order to
improve secondary school graduation, postsecondary program
attendance, and postsecondary completion rates for low-income
students; and
(4) to promote the establishment of new programs to
implement high school turnaround that do not involve charter
schools or were not addressed in the American Recovery and
Reinvestment Act of 2009 turnaround model.
(b) Definitions.--In this section:
(1) Comprehensive high school turnaround model.--The term
``comprehensive high school turnaround model'' means a
research-based high school turnaround model that--
(A) defines and guides school turnaround, enabling
schools to develop strategies for school design that
are customized to meet the unique needs of schools and
local educational agencies; and
(B) includes the following:
(i) Establishment of a 5-year partnership
between a school district partnership
turnaround organization and a local educational
agency that begins with a planning period
during which the school district turnaround
partnership organization works with the local
educational agency and school staff to assist
them to articulate a school vision, identify
staff, recruit students, and implement parent
outreach.
(ii) A college preparatory instructional
program that encourages students to view
themselves as future college students, and
prepares students for admission to, and success
in, college.
(iii) A student support structure that
personalizes the educational experience,
providing students with a caring, safe, and
supportive learning environment.
(iv) A staffing structure that--
(I) personalizes the school
environment;
(II) creates strong, long-term
connections between students and their
teachers and counselors;
(III) ensures that the support
network is engaged and knowledgeable;
(IV) generates strong relationships
that enable teachers to elicit higher
levels of student performance; and
(V) can include maintaining the
same set of core subject teachers and
guidance counselors throughout the four
years of high school.
(v) Standards of professional practice to
build capacity as a professional community and
develop a sense of collective responsibility
for student and school outcomes.
(vi) An extended day and extended school
year to enable staff to provide students with
structured time, individual attention, and
other supports necessary for their success with
the school's challenging, college-preparatory
curriculum.
(vii) An expectation that parents will take
an active role in school activities to share
their knowledge of their child with teachers
and counselors and to give staff feedback on
their children's experience and progress.
(viii) Use of multiple mechanisms to assess
a school's organizational and program
effectiveness.
(2) Low-income student.--The term ``low-income student''
means a student who is determined by a local educational agency
to be from a low-income family using the measures described in
section 1113(a)(5) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(a)(5)).
(3) School district partnership turnaround organization.--
The term ``school district partnership turnaround
organization'' means a nonprofit education organization that--
(A) has as its primary purpose the improvement of
secondary school graduation and postsecondary
attendance and completion rates for low-income
students;
(B) has a comprehensive high school turnaround
model that can be successful in multiple, varied
schools and States; and
(C) has a proven success rate and the ability to
implement high school turnaround activities on a large
scale.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(c) Contracts Authorized.--From the amount appropriated to carry
out this section, the Secretary is authorized to award 5-year contracts
to school district partnership turnaround organizations that employ
comprehensive high school turnaround models. Such a contract shall be
used to carry out the requirements of subsection (d) and to implement
and sustain integrated and sustained education reform services through
subcontractor activities described in subsection (e) at low-performing
high schools.
(d) Requirements of Contracts.--A contract referred to in
subsection (c) shall require a school district partnership turnaround
organization to accomplish the following:
(1) Partner with local educational agencies that--
(A) serve a substantial number or percentage of
low-income students; and
(B) have made a commitment to implement a
comprehensive high school turnaround model.
(2) Provide a program based on a comprehensive high school
turnaround model that reflects the needs of the local
educational agencies.
(3) Improve teacher quality and develop the capacity of the
local educational agencies to continue to implement the
comprehensive high school turnaround model after the turnaround
partnership has been completed.
(4) Develop activities for the purpose of implementing new
turnaround sites.
(5) Implement activities for the purpose of promoting
greater public awareness of the relationship between
personalized and academically rigorous high schools and
improved attendance, graduation, and college-going rates for
low-income students.
(e) Activities at Each Site.--At each turnaround site, the school
district partnership turnaround organization shall carry out the
following activities:
(1) Partner with the school community to design and
implement a customized plan of how the comprehensive high
school turnaround model is to be implemented so as to produce
an increase in the number of students who graduate college-
ready.
(2) Train school personnel in establishing and implementing
student support structures which will result in greater student
engagement and school affiliation and promote school safety.
(3) Provide student performance data and implementation
reports for the purpose of assessing the status of the
comprehensive high school turnaround model implementation and
school improvement.
(4) Provide offsite professional development opportunities,
school-based, job-embedded professional development, and
opportunities for networking with staff from other turnaround
schools and local educational agencies.
(5) Work with local educational agency and school
administrators, teachers, and counselors to provide guidance
regarding turnaround strategies as well as specific content
area development.
(6) Provide customized professional development activities
and technical assistance and onsite coaching to address local
needs and interests with the goal of improving teacher quality.
(7) Provide assistance in designing and implementing parent
engagement activities.
(8) Provide assistance with staff and student recruitment.
(f) Activities of Assisted Schools.--Each school assisted under
this Act shall carry out the following:
(1) Assign an administrator as liaison to the school
district partnership turnaround organization who will be
responsible for ensuring that the required local educational
agency policies, schedules, space, staffing, resources, and
other supports are in place to facilitate the implementation of
the comprehensive high school turnaround model.
(2) Construct a schedule that includes common planning time
for school staff and regular meetings of the administration so
that all students realize the maximum benefit from the
personalization aspects of the program.
(3) Assign sufficient teaching staff in the core discipline
areas as well as for non-core areas.
(4) Ensure that teachers have expertise in the areas they
teach, demonstrate commitment to the comprehensive high school
turnaround model, and meet local certification requirements.
(5) Assign at least one full-time counselor.
(6) Design a student support program in collaboration with
the school district partnership turnaround organization.
(7) Schedule and implement parent orientation and
engagement activities.
(8) Ensure that staff and administration commit to
attending offsite professional development activities.
(9) Participate in data collection activities conducted by
the school district partnership turnaround organization.
(g) Limitation on Administrative Costs.--Of the funds made
available to carry out a contract under this section, a school district
partnership turnaround organization shall not use more than 8 percent
to pay for administration of the contract.
(h) Evaluation.--
(1) Evaluation by secretary.--The Secretary shall select an
independent entity to evaluate, every 3 years, the performance
of students who attend a turnaround school. The evaluation--
(A) shall be conducted using a rigorous research
design for determining the effectiveness of the
comprehensive high school turnaround model; and
(B) shall compare course achievement, secondary
school graduation rates, and post-secondary attendance
and completion rates of students who attend schools
assisted under this section with those indicators for
students of similar backgrounds who do not attend such
schools.
(2) Evaluation by organization.--A school district
partnership turnaround organization--
(A) shall require each partner school to provide
the turnaround organization access to data on student
demographics, student attendance, course grades,
suspensions, student safety incidents, graduation
rates, relevant test scores, teacher retention, and
other such agreed upon information needed to prepare
implementation reports; and
(B) shall prepare an annual report describing the
implementation of the comprehensive high school
turnaround model and student achievement in partner
schools.
(3) Availability of evaluation.--Copies of any evaluation
or report prepared under this subsection shall be made
available to the Secretary and the Congress.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act such sums as may be necessary for
fiscal year 2011 and each of the 5 succeeding fiscal years. | Turning Around Low-Performing Public High Schools Act - Authorizes the Secretary of Education to award five-year contracts to nonprofit school district partnership organizations that: (1) have a record of success in improving the secondary school graduation and postsecondary attendance and completion rates of disadvantaged students; and (2) partner with local educational agencies (LEAs) that serve a substantial number or percentage of disadvantaged students to implement comprehensive high school turnaround models that are customized to meet the needs of the LEAs and their schools.
Requires such models to include: (1) a college preparatory instructional program; (2) a student support structure that provides students with a caring, safe, and supportive learning environment; (3) a staffing structure that creates strong, long-term connections between students and teachers; (4) standards of professional practice that guide the professional development of school personnel and build their sense of collective responsibility for student and school outcomes; (5) an extended day and extended school year that supports challenging, college-preparatory curricula; (6) an expectation that parents will take an active role in school activities; and (7) the use of multiple mechanisms to assess schools' organizational and program effectiveness.
Directs: (1) the Secretary to select an independent entity to conduct a triennial evaluation of the performance of students who attend turnaround schools; and (2) school district partnership organizations to report annually on the implementation of comprehensive high school turnaround models and student achievement in partner schools. Requires copies of such evaluations and reports to be provided to the Secretary and Congress. | To authorize the Secretary of Education to award contracts to nonprofit organizations with national experience that enter into partnerships with local educational agencies to turn around low-performing public high schools. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco Consumption Reduction and
Health Improvement Act of 1995''.
SEC. 2. INCREASE IN TAXES ON TOBACCO PRODUCTS.
(a) In General.--
(1) Cigars.--Subsection (a) of section 5701 of the Internal
Revenue Code of 1986 (relating to rate of tax on cigars) is
amended--
(A) by striking ``$1.125 cents per thousand (93.75
cents per thousand on cigars removed during 1991 and
1992)'' in paragraph (1) and inserting ``$5.8125 per
thousand''; and
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Large cigars.--On cigars weighing more than 3 pounds
per thousand, a tax equal to 65.875 percent of the price for
which sold but not more than $155 per thousand.''
(2) Cigarettes.--Subsection (b) of section 5701 of such
Code (relating to rate of tax on cigarettes) is amended--
(A) by striking ``$12 per thousand ($10 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (1) and inserting ``$62 per thousand'';
and
(B) by striking ``$25.20 per thousand ($21 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (2) and inserting ``$130.20 per
thousand''.
(3) Cigarette papers.--Subsection (c) of section 5701 of
such Code (relating to rate of tax on cigarette papers) is
amended by striking ``0.75 cent (0.625 cent on cigarette papers
removed during 1991 or 1992)'' and inserting ``3.875 cents''.
(4) Cigarette tubes.--Subsection (d) of section 5701 of
such Code (relating to rate of tax on cigarette tubes) is
amended by striking ``1.5 cents (1.25 cents on cigarette tubes
removed during 1991 or 1992)'' and inserting ``7.75 cents''.
(5) Snuff.--Paragraph (1) of section 5701(e) of such Code
(relating to rate of tax on smokeless tobacco) is amended by
striking ``36 cents (30 cents on snuff removed during 1991 or
1992)'' and inserting ``$1.86''.
(6) Chewing tobacco.--Paragraph (2) of section 5701(e) of
such Code is amended by striking ``12 cents (10 cents on
chewing tobacco removed during 1991 or 1992)'' and inserting
``62 cents''.
(7) Pipe tobacco.--Subsection (f) of section 5701 of such
Code (relating to rate of tax on pipe tobacco) is amended by
striking ``67.5 cents (56.25 cents on chewing tobacco removed
during 1991 or 1992)'' and inserting ``$3.4875''.
(8) Effective date.--The amendments made by this subsection
shall apply with respect to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco removed after December 31, 1995.
(b) Imposition of Excise Tax on Manufacture or Importation of Roll-
Your-Own Tobacco.--
(1) In general.--Section 5701 of the Internal Revenue Code
of 1986 (relating to rate of tax) is amended by redesignating
subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Roll-Your-Own Tobacco.--On roll-your-own tobacco,
manufactured in or imported into the United States, there shall be
imposed a tax of $1.86 per pound (and a proportionate tax at the like
rate on all fractional parts of a pound).''
(2) Roll-your-own tobacco.--Section 5702 of such Code
(relating to definitions) is amended by adding at the end the
following new subsection:
``(p) Roll-Your-Own Tobacco.--The term `roll-your-own tobacco'
means any tobacco which, because of its appearance, type, packaging, or
labeling, is suitable for use and likely to be offered to, or purchased
by, consumers as tobacco for making cigarettes.''
(3) Technical amendments.--
(A) Subsection (c) of section 5702 of such Code is
amended by striking ``and pipe tobacco'' and inserting
``pipe tobacco, and roll-your-own tobacco''.
(B) Subsection (d) of section 5702 of such Code is
amended--
(i) in the material preceding paragraph
(1), by striking ``or pipe tobacco'' and
inserting ``pipe tobacco, or roll-your-own
tobacco'', and
(ii) by striking paragraph (1) and
inserting the following new paragraph:
``(1) a person who produces cigars, cigarettes, smokeless
tobacco, pipe tobacco, or roll-your-own tobacco solely for the
person's own personal consumption or use, and''.
(C) The chapter heading for chapter 52 of such Code
is amended to read as follows:
``CHAPTER 52--TOBACCO PRODUCTS AND CIGARETTE PAPERS AND TUBES''.
(D) The table of chapters for subtitle E of such
Code is amended by striking the item relating to
chapter 52 and inserting the following new item:
``Chapter 52. Tobacco products and
cigarette papers and tubes.''
(4) Effective date.--
(A) In general.--The amendments made by this
subsection shall apply to roll-your-own tobacco removed
(as defined in section 5702(p) of the Internal Revenue
Code of 1986, as added by this subsection) after
December 31, 1995.
(B) Transitional rule.--Any person who--
(i) on the date of the enactment of this
Act is engaged in business as a manufacturer of
roll-your-own tobacco or as an importer of
tobacco products or cigarette papers and tubes,
and
(ii) before January 1, 1996, submits an
application under subchapter B of chapter 52 of
such Code to engage in such business,
may, notwithstanding such subchapter B, continue to
engage in such business pending final action on such
application. Pending such final action, all provisions
of such chapter 52 shall apply to such applicant in the
same manner and to the same extent as if such applicant
were a holder of a permit under such chapter 52 to
engage in such business.
(c) Floor Stocks.--
(1) Imposition of tax.--On cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco manufactured in or imported into the United States
which is removed before January 1, 1996, and held on such date
for sale by any person, there shall be imposed the following
taxes:
(A) Small cigars.--On cigars, weighing not more
than 3 pounds per thousand, $4.6875 per thousand.
(B) Large cigars.--On cigars, weighing more than 3
pounds per thousand, a tax equal to 53.125 percent of
the price for which sold, but not more than $125 per
thousand.
(C) Small cigarettes.--On cigarettes, weighing not
more than 3 pounds per thousand, $50 per thousand.
(D) Large cigarettes.--On cigarettes, weighing more
than 3 pounds per thousand, $105 per thousand; except
that, if more than 6\1/2\ inches in length, they shall
be taxable at the rate prescribed for cigarettes
weighing not more than 3 pounds per thousand, counting
each 2\3/4\ inches, or fraction thereof, of the length
of each as one cigarette.
(E) Cigarette papers.--On cigarette papers, 3.125
cents for each 50 papers or fractional part thereof;
except that, if cigarette papers measure more than 6\1/
2\ inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette paper.
(F) Cigarette tubes.--On cigarette tubes, 6.25
cents for each 50 tubes or fractional part thereof;
except that, if cigarette tubes measure more than 6\1/
2\ inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette tube.
(G) Snuff.--On snuff, $1.50 per pound and a
proportionate tax at the like rate on all fractional
parts of a pound.
(H) Chewing tobacco.--On chewing tobacco, 50 cents
per pound and a proportionate tax at the like rate on
all fractional parts of a pound.
(I) Pipe tobacco.--On pipe tobacco, $2.8125 per
pound and a proportionate tax at the like rate on all
fractional parts of a pound.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding cigars,
cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco on January 1, 1996,
to which any tax imposed by paragraph (1) applies shall
be liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be treated as a tax imposed under
section 5701 of the Internal Revenue Code of 1986 and
shall be due and payable on February 15, 1996, in the
same manner as the tax imposed under such section is
payable with respect to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and
pipe tobacco removed on January 1, 1996.
(3) Cigars, cigarettes, cigarette paper, cigarette tubes,
snuff, chewing tobacco, and pipe tobacco.--For purposes of this
subsection, the terms ``cigar'', ``cigarette'', ``cigarette
paper'', ``cigarette tubes'', ``snuff'', ``chewing tobacco'',
and ``pipe tobacco'' shall have the meaning given to such terms
by subsections (a), (b), (e), and (g), paragraphs (2) and (3)
of subsection (n), and subsection (o) of section 5702 of the
Internal Revenue Code of 1986, respectively.
(4) Exception for retail stocks.--The taxes imposed by
paragraph (1) shall not apply to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco in retail stocks held on January 1, 1996, at the place
where intended to be sold at retail.
(5) Foreign trade zones.--Notwithstanding the Act of June
18, 1934 (19 U.S.C. 81a et seq.) or any other provision of
law--
(A) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco--
(i) on which taxes imposed by Federal law
are determined, or customs duties are
liquidated, by a customs officer pursuant to a
request made under the first proviso of section
3(a) of the Act of June 18, 1934 (19 U.S.C.
81c(a)) before January 1, 1996, and
(ii) which are entered into the customs
territory of the United States on or after
January 1, 1996, from a foreign trade zone, and
(B) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco which--
(i) are placed under the supervision of a
customs officer pursuant to the provisions of
the second proviso of section 3(a) of the Act
of June 18, 1934 (19 U.S.C. 81c(a)) before
January 1, 1996, and
(ii) are entered into the customs territory
of the United States on or after January 1,
1996, from a foreign trade zone,
shall be subject to the tax imposed by paragraph (1) and such
cigars, cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco shall, for purposes of
paragraph (1), be treated as being held on January 1, 1996, for
sale.
(d) Establishment of Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:
``SEC. 9512. TOBACCO CONVERSION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Tobacco
Conversion Trust Fund' (hereafter referred to in this section as the
`Trust Fund'), consisting of such amounts as may be appropriated or
credited to the Trust Fund as provided in this section or section
9602(b).
``(b) Transfers to Trust Fund.--The Secretary shall transfer to the
Trust Fund an amount equivalent to 3 percent of the net increase in
revenues received in the Treasury attributable to the amendments made
to section 5701 by subsections (a) and (b) of section 2 and the
provisions contained in section 2(c) of the Tobacco Consumption
Reduction and Health Improvement Act of 1995, as estimated by the
Secretary.
``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust
Fund shall be available to the Secretary of Agriculture, as provided by
appropriation Acts, for making expenditures for purposes of--
``(1) providing assistance to farmers in converting from
tobacco to other crops and improving the access of such farmers
to markets for other crops, and
``(2) providing grants or loans to communities, and persons
involved in the production or manufacture of tobacco or tobacco
products, to support economic diversification plans that
provide economic alternatives to tobacco to such communities
and persons.
The assistance referred to in paragraph (1) may include government
purchase of tobacco allotments for purposes of retiring such allotments
from allotment holders and farmers who choose to terminate their
involvement in tobacco production.''
(2) Clerical amendment.--The table of sections for such
subchapter A is amended by adding at the end the following new
item:
``Sec. 9512. Tobacco Conversion Trust
Fund.'' | Tobacco Consumption Reduction and Health Improvement Act of 1995 - Amends the Internal Revenue Code to increase the excise tax on: (1) cigars; (2) cigarettes; (3) cigarette papers and tubes; (4) snuff; and (5) chewing and pipe tobacco. Imposes a tax on the floor stocks of such tobacco products which are removed before January 1, 1996. Makes an exception to the imposition of such tax for floor stocks of such products held on such date at the place intended to be sold at retail. Imposes such tax on such products entered into the United States from foreign trade zones before such date. Imposes a tax on roll-your-own tobacco manufactured in or imported into the United States.
Establishes in the Treasury the Tobacco Conversion Trust Fund, to which the Secretary of the Treasury shall transfer an amount equivalent to three percent of the net increase in revenues attributable to the tax increases imposed by this Act. Makes Fund amounts available for expenditures for providing: (1) assistance to farmers for conversion from tobacco growing (including Government purchase of tobacco allotments) and improving their access to markets for other crops; and (2) grants and loans to communities and persons involved in tobacco growing and tobacco product manufacture to support economic diversification plans. | Tobacco Consumption Reduction and Health Improvement Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Teaching Mobility Act''.
SEC. 2. PROGRAM FOR INTERSTATE TEACHING APPLICATIONS.
Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended by adding at the end the following:
``PART D--INTERSTATE TEACHING APPLICATIONS
``SEC. 2401. PROGRAM FOR INTERSTATE TEACHING APPLICATIONS.
``(a) Establishment.--The Secretary, in consultation with an
eligible entity, may establish and carry out a program to allow States
to voluntarily participate in an interstate teaching application
process that allows teachers who are licensed or certified in any
participating State--
``(1) to be eligible for licensure or certification in
other participating States without subsequently completing
additional licensure or certification requirements; and
``(2) to be able to apply for open teaching positions in
schools that receive funds under part A of title I in other
participating States, unless the open position falls outside
the applicant's content area or grade level for which the
applicant is already licensed or certified.
``(b) Program Requirements.--In carrying out a program established
under subsection (a), the Secretary, in consultation with an eligible
entity, shall--
``(1) create an application for eligible teachers licensed
or certified in a State participating in the program who wish
to teach in other States participating in the program;
``(2) require each participating State to recognize a
teaching licensure or certification of each such teacher who
meets the application requirements under subsection (c)(1), and
allow such teacher to teach in an open teaching position
described in subsection (a)(2), without requiring such teacher
to complete additional requirements for licensure or
certification;
``(3) ensure that participating States maintain the
eligibility requirements described in subsection (d);
``(4) provide technical assistance to participating States;
and
``(5) provide an electronic application process for
teachers to apply for the program.
``(c) Participating Teachers.--
``(1) In general.--Each teacher seeking to participate in a
program established under subsection (a) shall submit an
application containing--
``(A) proof of an active teaching license or
certification in a participating State;
``(B) the teacher's results on each of the
assessments described in subparagraphs (A) through (C)
of subsection (d)(1) that are required by the initial
licensing or certifying participating State; and
``(C) such other information as the Secretary
considers appropriate.
``(2) Contract.--The eligible entity referred to in
subsections (a) and (b) shall collect and assist the Secretary
in reviewing the teacher applications submitted under paragraph
(1).
``(d) Participating States.--A State shall be eligible to
participate in a program established under subsection (a) if--
``(1) such State, in awarding a teaching license or
certification to an individual, requires--
``(A) an assessment of the content knowledge
necessary for postsecondary education and a career
before a teacher begins teaching in a classroom;
``(B) an assessment of pedagogical skills not later
than 1 year after the date on which a teacher first
begins teaching in a classroom; and
``(C) a performance assessment not later than one
year after the date on which a teacher first begins
teaching, which may include a performance assessment
completed as part of a teacher preparation program; and
``(2) the assessments described in paragraph (1) and
required by such State are identified as sufficiently rigorous
by an organization such as the Council of Chief State School
Officers.
``(e) Regulations.--The Secretary may issue such regulations as the
Secretary considers necessary to carry out this section.
``(f) Definition.--In this section, the term `eligible entity'
means an organization or other entity that provides support to States
and teachers in teacher certification and licensure, approved by the
Secretary.''.
SEC. 3. CLERICAL AMENDMENT.
The table of contents for the Elementary and Secondary Education
Act of 1965 is amended by inserting after the item relating to section
2302 the following:
``Part D--Interstate Teaching Applications
``Sec. 2401. Program for interstate teaching applications.''. | Interstate Teaching Mobility Act This bill amends the Elementary and Secondary Education Act of 1965 to establish a voluntary interstate teaching application program for participating states. To participate in the program, a state must require sufficiently rigorous assessments in awarding a teaching license or certification. In carrying out the program, the Department of Education shall: create an electronic application process for eligible teachers who are licensed or certified in a participating state to apply for teaching positions in another participating state; require a participating state to recognize the teaching licensure or certification of each such teacher without the teacher having to complete additional licensure or certification requirements; ensure that a participating state maintains specified eligibility requirements; and provide technical assistance. A teacher seeking to participate in the program must submit an application containing: (1) proof of active licensure or certification in a participating state, and (2) the teacher's results on specified assessments. | Interstate Teaching Mobility Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employment Access for Recidivism
Reduction Nationwide'' or the ``EARN Act''.
SEC. 2. ENHANCING INCENTIVES UNDER THE WORK OPPORTUNITY TAX CREDIT.
(a) In General.--The Secretary of Labor shall carry out activities
to--
(1) reduce and eliminate any backlogs of more than 6 months
for employers who apply for certifications from State workforce
agencies for purposes of the work opportunity credit program
under section 51 of the Internal Revenue Code of 1986;
(2) increase the awareness of employers of the Federal tax
credits available for employers who employ individuals who
otherwise face barriers to employment, such as recipients of
long-term family assistance and ex-felons; and
(3) utilize the Internet to process pre-screening notices
and certification requests for the work opportunity credit
determined under section 51 of the Internal Revenue Code of
1986.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Labor shall submit to the appropriate
committees of Congress, a plan that outlines the steps that will be
taken by the Department of Labor to carry out activities this section
to achieve the purposes of this Act.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of fiscal
years 2009 through 2014.
SEC. 3. IMPROVING THE FEDERAL BONDING PROGRAM.
(a) In General.--The Secretary of Labor shall carry out activities
to increase by 25 percent the number of fidelity bonds purchased and
issued by States through the Federal Bonding Program.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $1,000,000 for each of fiscal
years 2009 through 2014.
SEC. 4. INCREASED WORK OPPORTUNITY CREDIT FOR QUALIFIED EX-OFFENDERS
HIRED UNDER CERTIFIED PROGRAMS.
(a) In General.--Section 51 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(l) Increased Credit for Qualified Ex-Felons Hired Under Certain
Programs.--
``(1) In general.--In the case of a taxpayer who employs a
qualified ex-felon under a program described in paragraph (3),
the credit allowed under this section for any taxable year
shall be increased by an amount equal to the amount which bears
the same ratio to $10,000 as--
``(A) the number of days during the taxable year
during which such qualified ex-felon was employed by
the taxpayer, bears to
``(B) the number of days in the taxpayer's taxable
year.
``(2) Limitation.--
``(A) In general.--The aggregate credits allowed
under this subsection for all taxpayers shall not
exceed $10,000,000.
``(B) Allocation of credits.--The Secretary, in
consultation with the Secretary of Labor and the
Attorney General, shall allocate the credit limitation
under subparagraph (A) among taxpayers with programs
described in paragraph (3).
``(3) Qualified ex-felon program.--A program is described
in this paragraph if such program--
``(A) is certified by the Secretary, in
consultation with the Secretary of Labor and the
Attorney general, and
``(B) provides that any qualified ex-felon hired
under the program--
``(i) is paid wages by the taxpayer in an
amount equal to or greater than 150 percent of
the Federal minimum wage in effect under the
Fair Labor Standards Act of 1938, and
``(ii) is provided health care benefits by
the taxpayer which meet such standards as
promulgated by the Secretary, in consultation
with the Secretary of Labor and the Attorney
General.
``(4) Certain individuals ineligible.--Rules similar to the
rules under paragraphs (1), (2), and (3)(B) of subsection (i)
shall apply for purposes of this subsection.
``(5) Termination.--This subsection shall not apply with
respect to any taxable year beginning after the date that is 2
years after the date of the enactment of this subsection.''.
(b) Study and Report.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Labor and the Attorney
General, shall submit to Congress a report on the credits
allowed under section 51(l) of the Internal Revenue Code of
1986 (as added by this section).
(2) Matters reported.--The report under paragraph (1) shall
include--
(A) the number of taxpayers who applied for
certification of a program described in section
51(l)(3) of the Internal Revenue Code of 1986;
(B) the number of taxpayer who received
certification for such a program;
(C) the number of taxpayers who claimed a credit
under section 51(l) of such Code;
(D) the total amount of credits allowed under such
section;
(E) the number of qualified ex-offenders who
participated in such a program and who continued to be
employed under such a program--
(i) 6 months after the date of hire under
such program;
(ii) 12 months after the date of hire under
such program;
(iii) 18 months after the date of hire
under such program; and
(iv) 24 months after the date of hire under
such program; and
(F) the total number of qualified ex-offenders who
participated in such a program and who were
incarcerated at any time within the 36-month period
beginning with the date of hire under the program.
(c) Effective Date.--The amendment made in subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act. | Employment Access for Recidivism Reduction Nationwide or the EARN Act - Directs the Secretary of Labor to: (1) promote the work opportunity tax credit program by reducing backlogs of employer applications for certifications under such program and by increasing awareness of the availability of such credit; and (2) increase the number of fidelity bonds purchased and issued by states through the Federal Bonding Program.
Amends the Internal Revenue Code to increase the work opportunity tax credit for employers who employ ex-felons hired under certain federal programs. | A bill to increase the incentives for employers to hire qualified ex-felons by enhancing the effectiveness of the work opportunity tax credit, to reduce the backlog of applications pending certification under the work opportunity tax credit program, to enhance the effectiveness of the Federal bonding program, to enhance the effectiveness of the Federal bonding program, and to authorize a pilot program for employment-focused re-entry projects. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Emergency Psychiatric Care
Demonstration Project Act of 2009''.
SEC. 2. DEMONSTRATION PROJECT REGARDING MEDICAID REIMBURSEMENTS FOR
STABILIZATION OF EMERGENCY MEDICAL CONDITIONS BY NON-
PUBLICLY OWNED OR OPERATED INSTITUTIONS FOR MENTAL
DISEASES.
(a) Authority To Conduct Demonstration Project.--The Secretary of
Health and Human Services (in this section referred to as the
``Secretary'') shall establish a demonstration project under which an
eligible State (as described in subsection (c)) shall provide
reimbursement under the State Medicaid plan under title XIX of the
Social Security Act to an institution for mental diseases that is not
publicly owned or operated and that is subject to the requirements of
section 1867 of the Social Security Act (42 U.S.C. 1395dd) for the
provision of medical assistance available under such plan to an
individual who--
(1) has attained age 21, but has not attained age 65;
(2) is eligible for medical assistance under such plan; and
(3) requires such medical assistance to stabilize an
emergency medical condition.
(b) In-Stay Review.--The Secretary shall establish a mechanism for
in-stay review to determine whether or not the patient has been
stabilized (as defined in subsection (h)(5)). This mechanism shall
commence before the third day of the inpatient stay. States
participating in the demonstration project may manage the provision of
these benefits under the project through utilization review,
authorization, or management practices, or the application of medical
necessity and appropriateness criteria applicable to behavioral health.
(c) Eligible State Defined.--
(1) Application.--Upon approval of an application submitted
by a State described in paragraph (2), the State shall be an
eligible State for purposes of conducting a demonstration
project under this section.
(2) State described.--States shall be selected by the
Secretary in a manner so as to provide geographic diversity on
the basis of the application to conduct a demonstration project
under this section submitted by such States.
(d) Length of Demonstration Project.--The demonstration project
established under this section shall be conducted for a period of 3
consecutive years.
(e) Limitations on Federal Funding.--
(1) Appropriation.--
(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, there is appropriated to
carry out this section, $75,000,000 for fiscal year
2010.
(B) Budget authority.--Subparagraph (A) constitutes
budget authority in advance of appropriations Act and
represents the obligation of the Federal Government to
provide for the payment of the amounts appropriated
under that subparagraph.
(2) 3-year availability.--Funds appropriated under
paragraph (1) shall remain available for obligation through
December 31, 2012.
(3) Limitation on payments.--In no case may--
(A) the aggregate amount of payments made by the
Secretary to eligible States under this section exceed
$75,000,000; or
(B) payments be provided by the Secretary under
this section after December 31, 2012.
(4) Funds allocated to states.--The Secretary shall
allocate funds to eligible States based on their applications
and the availability of funds.
(5) Payments to states.--The Secretary shall pay to each
eligible State, from its allocation under paragraph (4), an
amount each quarter equal to the Federal medical assistance
percentage of expenditures in the quarter for medical
assistance described in subsection (a).
(f) Reports.--
(1) Annual progress reports.--The Secretary shall submit
annual reports to Congress on the progress of the demonstration
project conducted under this section.
(2) Final report and recommendation.--An evaluation should
be conducted of the demonstration project's impact on the
functioning of the health and mental health service system and
on individuals enrolled in the Medicaid program. This
evaluation should include collection of baseline data for one-
year prior to the initiation of the demonstration project as
well as collection of data from matched comparison states not
participating in the demonstration. The evaluation measures
shall include the following:
(A) A determination, by State, as to whether the
demonstration project resulted in increased access to
inpatient mental health services under the Medicaid
program and whether average length of stays were longer
(or shorter) for individuals admitted under the
demonstration project compared with individuals
otherwise admitted in comparison sites.
(B) An analysis by State, regarding whether the
demonstration project produced a significant reduction
in emergency room visits for individuals eligible for
assistance under the Medicaid program or in the
duration of emergency room lengths of stay.
(C) An assessment of discharge planning by
participating hospitals that ensures access to further
(non-emergency) inpatient or residential care as well
as continuity of care for those discharged to
outpatient care.
(D) An assessment of the impact of the
demonstration project on the costs of the full range of
mental health services (including inpatient, emergency
and ambulatory care) under the plan as contrasted with
the comparison areas.
(E) Data on the percentage of consumers with
Medicaid coverage who are admitted to inpatient
facilities as a result of the demonstration project as
compared to those admitted to these same facilities
through other means.
(F) A recommendation regarding whether the
demonstration project should be continued after
December 31, 2012, and expanded on a national basis.
(g) Waiver Authority.--
(1) In general.--The Secretary shall waive the limitation
of subdivision (B) following paragraph (28) of section 1905(a)
of the Social Security Act (42 U.S.C. 1396d(a)) (relating to
limitations on payments for care or services for individuals
under 65 years of age who are patients in an institution for
mental diseases) for purposes of carrying out the demonstration
project under this section.
(2) Limited other waiver authority.--The Secretary may
waive other requirements of titles XI and XIX of the Social
Security Act (including the requirements of sections 1902(a)(1)
(relating to statewideness) and 1902(1)(10)(B) (relating to
comparability)) only to extent necessary to carry out the
demonstration project under this section.
(h) Definitions.--In this section:
(1) Emergency medical condition.--The term ``emergency
medical condition'' means, with respect to an individual, an
individual who expresses suicidal or homicidal thoughts or
gestures, if determined dangerous to self or others.
(2) Federal medical assistance percentage.--The term
``Federal medical assistance percentage'' has the meaning given
that term with respect to a State under section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)).
(3) Institution for mental diseases.--The term
``institution for mental diseases'' has the meaning given to
that term in section 1905(i) of the Social Security Act (42
U.S.C. 1396d(i)).
(4) Medical assistance.--The term ``medical assistance''
has the meaning given to that term in section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)).
(5) Stabilized.--The term ``stabilized'' means, with
respect to an individual, that the emergency medical condition
no longer exists with respect to the individual and the
individual is no longer dangerous to self or others.
(6) State.--The term ``State'' has the meaning given that
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.). | Medicaid Emergency Psychiatric Care Demonstration Project Act of 2009 - Directs the Secretary of Health and Human Services to establish a demonstration project under which a state shall reimburse, under title XIX (Medicaid) of the Social Security Act, a privately owned and operated institution for mental diseases for medical assistance to an eligible individual between ages 21 and 65 who requires it to stabilize an emergency medical condition. | A bill to provide for a demonstration project regarding Medicaid reimbursements for stabilization of emergency medical conditions by non-publicly owned or operated institutions for mental diseases. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Americans Living
Abroad Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Americans Living Abroad'' (in this Act referred to as the
``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members appointed by the President, of whom--
(1) two members shall be appointed from among individuals
recommended by the Speaker of the House of Representatives;
(2) two members shall be appointed from among individuals
recommended by the majority leader of the House of
Representatives;
(3) two members shall be appointed from among individuals
recommended by the minority leader of the House of
Representatives;
(4) two members shall be appointed from among individuals
recommended by the majority leader of the Senate;
(5) two members shall be appointed from among individuals
recommended by the minority leader of the Senate; and
(6) two members shall be appointed from among individuals
recommended by the President pro tempore of the Senate.
(b) Qualifications.--
(1) Limit on officers or employees of the united states.--
Not more than 10 members shall be officers or employees of the
United States.
(2) Political party affiliation.--Not more than 8 members
of the Commission may be of the same political party.
(3) Expertise.--
(A) Officers or employees of the united states.--
Members of the Commission who are officers or employees
of the United States shall be appointed from among
individuals whose employment is directly related to the
matters to be studied by the Commission under section
4(a)(2).
(B) Other members.--Members of the Commission who
are not officers or employees of the United States
shall be appointed from among individuals who--
(i) have lived in a foreign country for not
less than one year;
(ii) are members of organizations that
represent United States citizens living in
foreign countries; or
(iii) have other experience that is
relevant to the matters to be studied by the
Commission under section 4(a)(2).
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner in which the original appointment was made.
Any vacancy in the Commission shall not affect its powers.
(d) First Meeting.--Not later than 60 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson.--The President shall select a Chairperson for the
Commission from among its members.
SEC. 4. DUTIES.
(a) Study.--
(1) In general.--The Commission shall conduct a study on
how Federal laws and policies affect United States citizens
living in foreign countries, including civilians and members of
the Armed Forces.
(2) Matters studies.--The matters studied shall include the
following:
(A) Federal financial reporting requirements for a
United States citizen living in a foreign country,
including the requirements under section 5314 of title
31, United States Code.
(B) Federal policies and requirements that affect
the ability of a United States citizen living in a
foreign country to access foreign and domestic
financial institutions, including requirements under
chapter 4 of the Internal Revenue Code of 1986
(commonly known as the ``Foreign Account Tax Compliance
Act'') and requirements affecting financial
institutions imposed by the Uniting and Strengthening
America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (USA
Patriot Act) (Public Law 107-56).
(C) Federal requirements for a spouse, child, or
another family member of a United States citizen living
in a foreign country who is not a United States citizen
to become a United States citizen.
(D) The ability of a United States citizen living
in a foreign country to vote in Federal, State, and
local elections in the United States, and the process
for such a citizen to vote in such elections.
(E) The processes by which a United States citizen
living in a foreign country interacts with Federal
programs such as Social Security and Medicare.
(F) The process for a United States citizen living
in a foreign country to get a Federal education loan
for such citizen or for such citizen's child who is a
United States citizen.
(G) Which Federal agencies have jurisdiction over
each Federal program that serves United States citizens
who live in foreign countries and possible methods to
improve the collaboration of and coordination between
such Federal agencies.
(b) Consultation With Outside Organizations.--In conducting the
study under subsection (a), the Commission shall consult organizations
that represent United States citizens living in foreign countries.
(c) Reports.--
(1) Initial report.--Not later than one year after the date
of enactment of this Act, the Commission shall submit a report
to the President, Congress, and the head of any Federal agency
identified in subsection (a)(2)(G), which shall contain a
detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such
legislative and administrative actions as it considers
appropriate.
(2) Update.--Not later than one year after the date on
which the Commission submits the report under paragraph (1),
the Commission shall submit an update to the President,
Congress, and the head of any Federal agency identified in
subsection (a)(2)(G), which shall describe any administrative
actions taken by the head of any Federal agency pursuant to the
recommendations in such report.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--Subject to section 6103 of the
Internal Revenue Code of 1986, the Commission may secure directly from
any Federal department or agency such information as the Commission
considers necessary to carry out this Act. Upon request of the
Chairperson of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the United States 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 Commission. All members of the Commission 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.
(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) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any United States employee may
be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals 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 such title.
SEC. 7. FEDERAL AGENCY RESPONSE.
Not later than 180 days after the date on which the Commission
submits the report under section 4(c)(1), the head of any Federal
agency that is affected by a recommendation in such report shall submit
to the President, Congress, and the Commission a response to such
recommendation, including any plans to take administrative action
pursuant to such recommendation.
SEC. 8. TERMINATION.
The Commission shall terminate on the date on which it submits its
update under section 4(c)(2).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $3,000,000 for each of
fiscal years 2013 and 2014 to the Commission to carry out this Act to
remain available until the termination of the Commission. | Commission on Americans Living Abroad Act - Establishes the Commission on Americans Living Abroad which shall conduct a study of how federal laws and policies affect U.S. citizens living abroad, including civilians and members of the Armed Forces.
Terminates the Commission upon submission of a final report to Congress. | To establish a commission to study how Federal laws and policies affect United States citizens living in foreign countries. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Down Payment to Protect National
Security Act of 2011''.
SEC. 2. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.
(a) Definition.--In this section, the term ``agency'' means an
executive agency as defined under section 105 of title 5, United States
Code.
(b) Determination of Number of Employees.--Not later than 60 days
after the date of enactment of this Act, the Director of the Office of
Management and Budget shall determine the number of full-time employees
employed in each agency. The head of each agency shall cooperate with
the Director of the Office of Management and Budget in making the
determinations.
(c) Replacement Hire Rate.--
(1) In general.--During the period described under
paragraph (2), the head of each agency may hire no more than 1
employee in that agency for every 3 employees who leave
employment in that agency.
(2) Period of replacement hire rate.--Paragraph (1) shall
apply to each agency during the period beginning 60 days after
the date of enactment of this Act through the date on which the
Director of the Office of Management and Budget makes a
determination that the number of full-time employees employed
in that agency is 10 percent less than the number of full-time
employees employed in that agency determined under subsection
(a).
(d) Waivers.--This section may be waived upon a determination by
the President that--
(1) the existence of a state of war or other national
security concern so requires; or
(2) the existence of an extraordinary emergency threatening
life, health, public safety, property, or the environment so
requires.
SEC. 3. REDUCTION OF DISCRETIONARY SPENDING LIMITS TO ACHIEVE SAVINGS
FROM FEDERAL EMPLOYEE PROVISIONS.
Section 251(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``(c) Discretionary Spending Limit.--As used in this part, the term
`discretionary spending limit' means--
``(1) with respect to fiscal year 2012--
``(A) for the security category, $684,000,000,000
in new budget authority; and
``(B) for the nonsecurity category,
$359,000,000,000 in new budget authority;
``(2) with respect to fiscal year 2013--
``(A) for the security category, $686,000,000,000
in new budget authority; and
``(B) for the nonsecurity category,
$361,000,000,000 in new budget authority;
``(3) with respect to fiscal year 2014, for the
discretionary category, $1,051,000,000,000 in new budget
authority;
``(4) with respect to fiscal year 2015, for the
discretionary category, $1,070,000,000,000 in new budget
authority;
``(5) with respect to fiscal year 2016, for the
discretionary category, $1,091,000,000,000 in new budget
authority;
``(6) with respect to fiscal year 2017, for the
discretionary category, $1,115,000,000,000 in new budget
authority;
``(7) with respect to fiscal year 2018, for the
discretionary category, $1,141,000,000,000 in new budget
authority;
``(8) with respect to fiscal year 2019, for the
discretionary category, $1,166,000,000,000 in new budget
authority;
``(9) with respect to fiscal year 2020, for the
discretionary category, $1,192,000,000,000 in new budget
authority; and
``(10) with respect to fiscal year 2021, for the
discretionary category, $1,217,000,000,000 in new budget
authority;
as adjusted in strict conformance with subsection (b).''.
SEC. 4. REDUCTION OF REVISED DISCRETIONARY SPENDING LIMITS TO ACHIEVE
SAVINGS FROM FEDERAL EMPLOYEE PROVISIONS.
Paragraph (2) of section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended to read as follows:
``(2) Revised discretionary spending limits.--The
discretionary spending limits for fiscal years 2013 through
2021 under section 251(c) shall be replaced with the following:
``(A) For fiscal year 2013--
``(i) for the security category,
$546,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$501,000,000,000 in budget authority.
``(B) For fiscal year 2014--
``(i) for the security category,
$551,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$500,000,000,000 in budget authority.
``(C) For fiscal year 2015--
``(i) for the security category,
$560,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$510,000,000,000 in budget authority.
``(D) For fiscal year 2016--
``(i) for the security category,
$571,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$520,000,000,000 in budget authority.
``(E) For fiscal year 2017--
``(i) for the security category,
$584,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$531,000,000,000 in budget authority.
``(F) For fiscal year 2018--
``(i) for the security category,
$598,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$543,000,000,000 in budget authority.
``(G) For fiscal year 2019--
``(i) for the security category,
$610,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$556,000,000,000 in budget authority.
``(H) For fiscal year 2020--
``(i) for the security category,
$624,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$568,000,000,000 in budget authority.
``(I) For fiscal year 2021--
``(i) for the security category,
$638,000,000,000 in budget authority; and
``(ii) for the nonsecurity category,
$579,000,000,000 in budget authority.''.
SEC. 5. CALCULATION OF TOTAL DEFICIT REDUCTION.
Section 251A of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended--
(1) in paragraph (3)(A), by striking ``$1,200,000,000,000''
and inserting ``$1,073,000,000,000'';
(2) in paragraph (4), by striking ``On January 2, 2013, for
fiscal year 2013, and in'' and inserting ``In'';
(3) in paragraphs (5) and (6), by striking ``2013'' each
place it appears and inserting ``2014''; and
(4) in paragraph (7), by striking subparagraph (A) and by
striking ``(B) Fiscal years 2014-2021.--'', moving the
remaining text 2 ems to the left, and redesignating clauses (i)
and (ii) as subparagraphs (A) and (B), respectively. | Down Payment to Protect National Security Act of 2011 - Requires the Director of the Office of Management and Budget (OMB) to determine the number of full-time employees employed in each federal agency. Prohibits a federal agency head from hiring more than 1 employee for every 3 full-time employees who leave employment in such agency until the OMB Director makes a determination that the number of full-time federal employees is 10% less than the initial level as determined by OMB. Allows a waiver of such workforce limitation by the President for national security reasons or in the case of an extraordinary emergency.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as amended by the Budget Control Act of 2011, to offset mandatory sequestration in security and nonsecurity categories in FY2013 with revenues resulting from reductions in the federal workforce under this Act. | To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to modify the discretionary spending limits to take into account savings resulting from the reduction in the number of Federal employees. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighborhood Children's Internet
Protection Act''.
SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO
IMPLEMENT A FILTERING OR BLOCKING SYSTEM FOR COMPUTERS
WITH INTERNET ACCESS OR ADOPT INTERNET USE POLICIES.
(a) No Universal Service.--
(1) In general.--Section 254 of the Communications Act of
1934 (47 U.S.C. 254) is amended by adding at the end the
following:
``(l) Implementation of Internet Filtering or Blocking System or
Use Policies.--
``(1) In general.--No services may be provided under
subsection (h)(1)(B) to any elementary or secondary school, or
any library, unless it provides the certification required by
paragraph (2) to the Commission or its designee.
``(2) Certification.--A certification under this paragraph
with respect to a school or library is a certification by the
school, school board, or other authority with responsibility
for administration of the school, or the library, or any other
entity representing the school or library in applying for
universal service assistance, that the school or library--
``(A) has--
``(i) selected a system for its computers
with Internet access that are dedicated to
student use in order to filter or block
Internet access to matter considered to be
inappropriate for minors; and
``(ii) installed on such computers, or upon
obtaining such computers will install on such
computers, a system to filter or block Internet
access to such matter; or
``(B)(i) has adopted or implemented an Internet use
policy that addresses--
``(I) access by minors to inappropriate
matter on the Internet and World Wide Web;
``(II) the safety and security of minors
when using electronic mail, chat rooms, and
other forms of direct electronic
communications;
``(III) unauthorized access, including so-
called `hacking', and other unlawful activities
by minors online;
``(IV) unauthorized disclosure, use, and
dissemination of personal identification
information regarding minors; and
``(V) whether the school or library, as the
case may be, is employing hardware, software,
or other technological means to limit, monitor,
or otherwise control or guide Internet access
by minors; and
``(ii) provided reasonable public notice and held
at least one public hearing or meeting which addressed
the proposed Internet use policy.
``(3) Local determination of content.--For purposes of a
certification under paragraph (2), the determination regarding
what matter is inappropriate for minors shall be made by the
school board, library, or other authority responsible for
making the determination. No agency or instrumentality of the
United States Government may--
``(A) establish criteria for making such
determination;
``(B) review the determination made by the
certifying school, school board, library, or other
authority; or
``(C) consider the criteria employed by the
certifying school, school board, library, or other
authority in the administration of subsection
(h)(1)(B).
``(4) Effective date.--This subsection shall apply with
respect to schools and libraries seeking universal service
assistance under subsection (h)(1)(B) on or after July 1,
2000.''.
(2) Conforming amendment.--Subsection (h)(1)(B) of that
section is amended by striking ``All telecommunications'' and
inserting ``Except as provided by subsection (l), all
telecommunications''.
(b) Study.--Not later than 150 days after the date of the enactment
of this Act, the National Telecommunications and Information
Administration shall initiate a notice and comment proceeding for
purposes of--
(1) evaluating whether or not currently available
commercial Internet blocking and filtering software adequately
addresses the needs of educational institutions;
(2) making recommendations on how to foster the development
of products which meet such needs; and
(3) evaluating the development and effectiveness of local
Internet use policies that are currently in operation after
community input.
SEC. 3. IMPLEMENTING REGULATIONS.
Not later than 100 days after the date of enactment of this Act,
the Federal Communications Commission shall adopt rules implementing
this Act and the amendments made by this Act. | Neighborhood Children's Internet Protection Act - Amends the Communications Act of 1934 to require libraries and elementary and secondary schools receiving universal service assistance to certify that they have installed systems or implemented policies for blocking or filtering Internet access to matter inappropriate for minors. Requires the school board, library, or other responsible non-Federal authority to determine what matter is inappropriate for minors.
Directs the National Telecommunications and Information Administration to initiate a notice and comment proceeding for: (1) evaluating whether or not currently available commercial Internet blocking and filtering software adequately addresses the needs of educational institutions; (2) recommending how to foster the development of products which meet such needs; and (3) evaluating the development and effectiveness of local Internet use policies that are currently in operation after community input. | Neighborhood Children's Internet Protection Act |
SECTION 1. PROHIBITION OF RETALIATORY ACTIONS AGAINST MEMBERS OF THE
ARMED FORCES MAKING ALLEGATIONS OF SEXUAL HARASSMENT OR
UNLAWFUL DISCRIMINATION.
(a) In General.--(1) Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 983. Retaliatory personnel actions prohibited against members
alleging sexual harassment or unlawful discrimination
``(a) Prohibition of Retaliatory Personnel Actions.--(1) No person
may take (or threaten to take) an unfavorable personnel action, or
withhold (or threaten to withhold) a favorable personnel action, as a
reprisal against a member of the armed forces for making or preparing a
communication described in paragraph (2) to a Member of Congress or an
Inspector General (as defined in subsection (f)) or to any other person
or organization pursuant to regulations or other established
administrative procedures for such communications. Any action
prohibited by the preceding sentence (including the threat to take any
action and the withholding or threat to withhold any favorable action)
shall be considered for the purposes of this section to be a personnel
action prohibited by this subsection.
``(2) A communication described in this paragraph is a
communication in which the member making (or preparing) the
communication alleges that the member has been the subject of sexual
harassment or unlawful discrimination.
``(b) Inspector General Investigation of Allegations of Prohibited
Personnel Actions.--(1) If a member of the armed forces submits to an
Inspector General an allegation that a personnel action prohibited by
subsection (a) has been taken (or threatened) against the member with
respect to a communication described in paragraph (2), the Inspector
General of the Department of Defense (or the Inspector General of the
Department of Transportation, in the case of a member of the Coast
Guard when the Coast Guard is not operating as a service in the Navy)
shall expeditiously investigate the allegation. The Inspector General
of the Department of Defense may not delegate or assign such
investigation to any office or organization within a military
department.
``(2) A communication described in this paragraph is a
communication to a Member of Congress or an Inspector General or to any
other person or organization pursuant to regulations or other
established administrative procedures in which the member of the armed
forces makes a complaint or discloses information that the member
reasonably believes constitutes evidence of sexual harassment or
unlawful discrimination.
``(3) The Inspector General is not required to make an
investigation under paragraph (1) in the case of an allegation made
more than 90 days after the date on which the member becomes aware of
the personnel action that is subject of the allegation.
``(c) Inspector General Investigation of Allegations of Sexual
Harassment or Unlawful Discrimination.--If the Inspector General has
not already done so, the Inspector General shall commence a separate
investigation of the information that the member submitting the
allegation under subsection (b) believes constitutes evidence of sexual
harassment or unlawful discrimination.
``(d) Reports on Investigations.--(1) Not later than 30 days after
completion of an investigation under this section, the Inspector
General shall submit a report on the results of the investigation to
the Secretary of Defense (or to the Secretary of Transportation in the
case of a member of the Coast Guard when the Coast Guard is not
operating as a service in the Navy) and the member of the armed forces
who made the allegation.
``(2) If, in the course of an investigation of an allegation under
this section, the Inspector General determines that it is not possible
to submit the report required by paragraph (1) within 90 days after the
date of receipt of the allegation being investigated, the Inspector
General shall provide to the Secretary of Defense (or to the Secretary
of Transportation in the case of a member of the Coast Guard when the
Coast Guard is not operating as a service in the Navy) and to the
member making the allegation a notice--
``(A) of that determination (including the reasons why the
report may not be submitted within that time); and
``(B) of the time when the report will be submitted.
``(3) The report on the results of the investigation shall contain
a thorough review of the facts and circumstances relevant to the
allegation and the complaint or disclosure and shall include documents
acquired during the course of the investigation, including summaries of
interviews conducted. The report may include a recommendation as to the
disposition of the complaint.
``(e) Regulations.--The Secretary of Defense, and the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy, shall prescribe regulations to carry out this
section.
``(f) Definitions.--In this section:
``(1) The term `unlawful discrimination' means
discrimination on the basis of race, color, religion, sex, or
national origin.
``(2) The term `Member of Congress' includes any Delegate
or Resident Commissioner to Congress.
``(3) The term `Inspector General' means--
``(A) an Inspector General appointed under the
Inspector General Act of 1978; and
``(B) an officer of the armed forces assigned or
detailed under regulations of the Secretary concerned
to serve as an Inspector General at any command level
in one of the armed forces.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``983. Retaliatory personnel actions prohibited against members
alleging sexual harassment or unlawful
discrimination.''.
(b) Deadline for Regulations.--The Secretary of Defense and the
Secretary of Transportation shall prescribe the regulations required by
subsection (e) of section 983 of title 10, United States Code, as added
by subsection (a), not later than 120 days after the date of the
enactment of this Act.
(c) Effective Date.--Section 983 of title 10, United States Code,
as added by subsection (a), shall apply with respect to any personnel
action taken (or threatened to be taken) on or after the date of the
enactment of this Act as a reprisal prohibited by subsection (a) of
that section. | Prohibits any person from taking (or threatening to take) an unfavorable personnel action or withholding (or threatening to withhold) a favorable personnel action as a reprisal against a member of the armed forces for making or preparing a communication alleging sexual harassment or unlawful discrimination against such member. Requires the Inspector General of either the Department of Defense or the Department of Transportation (for Coast Guard members when such service is not operating as a service in the Navy) to expeditiously investigate such allegations and report results to the Secretary of Defense or Transportation, as appropriate. | To amend title 10, United States Code, to provide certain procedural and administrative safeguards for members of the Armed Forces making allegations of sexual harassment or unlawful discrimination. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Refugee Infiltration
Prevention Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Country containing terrorist-controlled territory.--The
phrase ``country containing terrorist-controlled territory''
means--
(A) Iraq, Libya, Somalia, Syria, and Yemen; and
(B) any other country designated by the Secretary
of State pursuant to section 4(a).
(2) Refugee.--The term ``refugee'' has the meaning given
the term in section 101(a)(42) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42)).
(3) Substantial assistance.--The phrase ``substantial
assistance'' means a level of assistance without which the
United States could not achieve the purposes for which the
assistance was provided or sought.
(4) Victim of genocide.--The term ``victim of genocide''
has the meaning given the term in Article II of the United
Nations Convention on the Prevention and Punishment of the
Crime of Genocide, opened for signature in Paris on December 9,
1948.
SEC. 3. PROHIBITION ON REFUGEES FROM TERRORIST-CONTROLLED TERRITORIES.
(a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of law, an alien may not be
admitted to the United States under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) if the alien is a national of, has
habitually resided in, or is claiming refugee status due to events in
any country containing terrorist-controlled territory.
(b) Exception.--
(1) In general.--An alien otherwise prohibited from
admission to the United States under subsection (a) may be
admitted to the United States under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) if the alien
clearly proves, beyond doubt, that he or she--
(A) satisfies the requirements for admission as a
refugee; and
(B) is a member of a group that has been designated
by the Secretary of State or by an Act of Congress as a
victim of genocide.
(2) National security threat.--An alien may not be admitted
under paragraph (1) unless--
(A) the alien has undergone the highest level of
security screening of any category of traveler to the
United States, including assessments by the Department
of State, the Department of Defense, the Department of
Homeland Security, the Federal Bureau of Investigation
Terrorist Screening Center, and the National
Counterterrorism Center;
(B) full multi-modal biometrics of the alien have
been taken, including face, iris, and all fingerprints;
and
(C) the Secretary of State, the Secretary of
Defense, the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, and
the Director of National Intelligence certify that such
alien is not a threat to the national security of the
United States.
(c) Applicability.--Subsections (a) and (b) shall not apply to any
alien seeking admission under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) if the Secretary of State, the
Secretary of Defense, the Secretary of Homeland Security, and the
Director of National Intelligence certify that the alien--
(1) provided substantial assistance to the United States;
and
(2) would face a substantial risk of death or serious
bodily injury because of that assistance if not admitted to the
United States.
SEC. 4. RESPONSIBILITIES OF THE SECRETARY OF STATE.
(a) Identification of Other Countries.--In addition to the
countries listed in section 2(1)(A), the Secretary of State may
designate, as a ``country containing terrorist-controlled territory'',
any country containing territory that is controlled, in substantial
part, by a Foreign Terrorist Organization, as designated by the
Secretary of State under section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189), to the exclusion of that country's recognized
government.
(b) List of Countries Containing Terrorist-Controlled Territory.--
The Secretary of State shall--
(1) maintain and continually update a list of the countries
containing terrorist-controlled territory; and
(2) continuously make available the list described in
paragraph (1)--
(A) on the Secretary's Web site;
(B) to the Secretary of Homeland Security;
(C) to Congress; and
(D) to the public.
(c) Victims of Genocide.--The Secretary of State shall--
(1) identify all groups that are victims of genocide;
(2) maintain and continually update a list of the groups
that the Secretary or Congress has identified as victims of
genocide; and
(3) continuously make available the list described in
paragraph (2)--
(A) on the Secretary's Web site;
(B) to the Secretary of Homeland Security;
(C) to Congress; and
(D) to the public.
(d) National Security Threat.--The Secretary of State may refuse to
designate a group for the exception under section 3(b)(1)(B) if the
Secretary determines that the group poses a substantial security risk
to the United States.
SEC. 5. RESPONSIBILITIES OF THE SECRETARY OF HOMELAND SECURITY.
(a) Rulemaking.--The Secretary of Homeland Security shall issue
regulations to implement section 3 as soon as practicable.
(b) Limit of Alien Assertions.--The Secretary of Homeland Security
may not admit any alien into the United States under this Act solely
based on the assertions of such alien.
(c) Coordination.--The Secretary of Homeland Security shall
coordinate with the Secretary of State, the Secretary of Defense, the
Director of the Federal Bureau of Investigation, and the Director of
National Intelligence to substantiate, as much as reasonably
practicable, the assertions made by aliens seeking admission to the
United States.
SEC. 6. EFFECTIVE PERIOD.
This Act shall be effective during the 3-year period beginning on
the date of the enactment of this Act. | Terrorist Refugee Infiltration Prevention Act of 2015 This bill prohibits the U.S. refugee admission of an alien who is a national of, has habitually resided in, or is claiming refugee status due to events in any country containing terrorist-controlled territory (Iraq, Libya, Somalia, Syria, Yemen, and any other Department of State-designated country). Such an alien may be admitted to the United States as a refugee if the alien: satisfies refugee admission requirements; is a member of a group designated by the State Department or by an Act of Congress as a victim of genocide (and the group does not pose a risk to U.S. security); has undergone the highest level of security screening of any category of traveler to the United States, including full multi-modal biometrics; and the State Department, the Department of Defense (DOD), the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI), and the Director of National Intelligence (DNI) certify that such alien is not a threat to U.S. national security. These requirements shall not apply to the U.S. refugee admission of an alien who: (1) provided substantial assistance to the United States, and (2) would face a substantial risk of death or serious bodily injury because of that assistance if not admitted to the United States. The State Department may designate as a country containing terrorist-controlled territory any country containing territory controlled, in substantial part, by a foreign terrorist organization to the exclusion of that country's recognized government. The State Department shall maintain and continually update a list of: (1) the countries containing terrorist-controlled territory, and (2) groups identified as victims of genocide. An alien may not be admitted into the United States under this Act solely based on his or her assertions, and DHS must substantiate any such assertions with the State Department, DOD, the FBI, and the DNI. | Terrorist Refugee Infiltration Prevention Act of 2015 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Free Market
Healthcare Restoration and Coverage Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Repealing the individual mandate.
Sec. 3. Repealing the employer mandate.
Sec. 4. Modifications to premium assistance credit.
Sec. 5. Freedom to maintain existing coverage.
Sec. 6. Essential health benefits.
Sec. 7. Repeal of PPACA and health care-related provisions in the
Health Care and Education Reconciliation
Act of 2010.
Sec. 8. Budgetary effects.
SEC. 2. REPEALING RETROACTIVELY THE INDIVIDUAL MANDATE.
Sections 1501 and 1502 and subsections (a), (b), (c), and (d) of
section 10106 of the Patient Protection and Affordable Care Act (and
the amendments made by such sections and subsections) are repealed and
the Internal Revenue Code of 1986 shall be applied and administered as
if such provisions and amendments had never been enacted.
SEC. 3. REPEALING RETROACTIVELY THE EMPLOYER MANDATE.
Sections 1513 and 1514 and subsections (e), (f), and (g) of section
10106 of the Patient Protection and Affordable Care Act (and the
amendments made by such sections and subsections) are repealed and the
Internal Revenue Code of 1986 shall be applied and administered as if
such provisions and amendments had never been enacted.
SEC. 4. MODIFICATIONS RETROSPECTIVELY TO PREMIUM ASSISTANCE CREDIT.
(a) Extension of Credit for Certain Individuals Not Enrolled
Through State Exchanges.--Subject to section 8(c)(2), paragraph (3) of
section 36B(b) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(F) Special rule for individuals enrolled through
a federal exchange.--In the case of any applicable
taxpayer who is not eligible for the credit allowed
under subsection (a) (determined without regard to this
subparagraph) solely as a result of a determination by
the Supreme Court of the United States in the case of
King v. Burwell (2015), paragraph (2)(A) shall be
applied to months beginning before September 2017, by
substituting `enrolled in through an Exchange
established under the Patient Protection and Affordable
Care Act' for `enrolled in through an Exchange
established by the State under 1311 of the Patient
Protection and Affordable Care Act'.''.
(b) Denial of Credit for Individuals Not Previously Enrolled.--
Subject to section 8(c)(2), subsection (b) of section 36B of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(4) Limitation for individuals not previously enrolled.--
The premium assistance credit amount shall be zero with respect
to any qualified health plan unless such plan covers an
individual described in paragraph (2)(A) who was enrolled in a
qualified health plan through an Exchange established under the
Patient Protection and Affordable Care Act before the date of
the enactment of this paragraph.''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2013.
SEC. 5. FREEDOM TO MAINTAIN EXISTING COVERAGE.
(a) In General.--Subject to section 8(c)(2), part 2 of subtitle C
of title I of the Patient Protection and Affordable Care Act (42 U.S.C.
18011 et seq.) is amended by striking section 1251 and inserting the
following:
``SEC. 1251. FREEDOM TO MAINTAIN EXISTING COVERAGE.
``(a) No Changes to Existing Coverage.--
``(1) In general.--Nothing in this Act (or an amendment
made by this Act) shall be construed to require that an
individual terminate coverage under a group health plan or
health insurance coverage in which such individual was enrolled
during any part of the period beginning on the date of
enactment of this Act and ending on December 31, 2017.
``(2) Continuation of coverage.--With respect to a group
health plan or health insurance coverage in which an individual
was enrolled during any part of the period beginning on the
date of enactment of this Act and ending on December 31, 2017,
this subtitle and subtitle A (and the amendments made by such
subtitles) shall not apply to such plan or coverage, regardless
of whether the individual renews such coverage.
``(b) Allowance for Family Members To Join Current Coverage.--With
respect to a group health plan or health insurance coverage in which an
individual was enrolled during any part of the period beginning on the
date of enactment of this Act and ending on December 31, 2017, and
which is renewed, family members of such individual shall be permitted
to enroll in such plan or coverage if such enrollment is permitted
under the terms of the plan in effect as of such date of enrollment.
``(c) Allowance for New Employees To Join Current Plan.--A group
health plan that provides coverage during any part of the period
beginning on the date of enactment of this Act and ending on December
31, 2017, may provide for the enrolling of new employees (and their
families) in such plan, and this subtitle and subtitle A (and the
amendments made by such subtitles) shall not apply with respect to such
plan and such new employees (and their families).
``(d) Effect on Collective Bargaining Agreements.--In the case of
health insurance coverage maintained pursuant to one or more collective
bargaining agreements between employee representatives and one or more
employers that was ratified before December 31, 2017, the provisions of
this subtitle and subtitle A (and the amendments made by such
subtitles) shall not apply until the date on which the last of the
collective bargaining agreements relating to the coverage terminates.
Any coverage amendment made pursuant to a collective bargaining
agreement relating to the coverage which amends the coverage solely to
conform to any requirement added by this subtitle or subtitle A (or
amendments) shall not be treated as a termination of such collective
bargaining agreement.
``(e) Definition.--In this title, the term `grandfathered health
plan' means any group health plan or health insurance coverage to which
this section applies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Patient Protection and Affordable
Care Act (Public Law 111-148).
SEC. 6. ESSENTIAL HEALTH BENEFITS.
(a) In General.--Subject to section 8(c)(2), subsections (a) and
(b) of section 1302 of the Patient Protection and Affordable Care Act
(42 U.S.C. 18022) are amended to read as follows:
``(a) Essential Health Benefits Package.--In this title, the term
`essential health benefits package' means, with respect to any health
plan, coverage that provide for benefits and cost sharing as required
in the States in which such plan is offered.
``(b) Essential Health Benefits.--Essential health benefits shall
be defined to include those required by the State in which a health
plan is offered.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Patient Protection and Affordable
Care Act (Public Law 111-148).
SEC. 7. REPEAL OF PPACA AND HEALTH CARE-RELATED PROVISIONS IN THE
HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010.
(a) PPACA.--Effective on May 31, 2017, the Patient Protection and
Affordable Care Act (Public Law 111-148) is repealed, and the
provisions of law amended or repealed by such Act are restored or
revived as if such Act had not been enacted.
(b) Health Care-Related Provisions in the Health Care and Education
Reconciliation Act of 2010.--Effective on May 31, 2017, title I and
subtitle B of title II of the Health Care and Education Reconciliation
Act of 2010 (Public Law 111-152) are repealed, and the provisions of
law amended or repealed by such title or subtitle, respectively, are
restored or revived as if such title and subtitle had not been enacted.
(c) Treatment of Overlapping Provisions.--Subsections (a) and (b)--
(1) shall not apply to provisions of law repealed by
sections 2 and 3 of this Act; and
(2) shall apply with respect to superseding the amendments
made by sections 4 through 6 of this Act.
SEC. 8. BUDGETARY EFFECTS.
The budgetary effects of this Act shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010. | Free Market Healthcare Restoration and Coverage Act of 2015 This bill repeals the Patient Protection and Affordable Care Act (PPACA) and the health care provisions of the Health Care and Education Reconciliation Act of 2010, effective May 31, 2017. Provisions amended by the repealed provisions are restored. PPACA and the Internal Revenue Code are amended to repeal the requirements for individuals to maintain minimum essential coverage and for large employers to pay penalties if a full-time employee: (1) must wait longer than 60 days to enroll in an employer-sponsored health plan, or (2) receives a premium assistance tax credit or reduced cost-sharing. Coverage reporting requirements for providers and large employers are also repealed. These amendments are applied as if the repealed provisions had not been enacted. Individuals enrolled in a health plan purchased through the federal health insurance exchange at the time of enactment of this Act who are ineligible for a premium assistance tax credit solely as a result of a determination by the Supreme Court in King v. Burwell are eligible for the tax credit. This applies to coverage months beginning after December 2013. Group health coverage in which an individual was enrolled for any period after enactment of PPACA (March 23, 2010) is a grandfathered health plan under PPACA and is exempt from some coverage requirements. Essential health benefits are defined by states. This amendment takes effect as if included in PPACA. The budgetary effects of this bill must not be entered on the PAYGO scorecards maintained by the Office of Management and Budget. | Free Market Healthcare Restoration and Coverage Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Land Conservation Tax Act''.
SEC. 2. CREDIT FOR CERTAIN CHARITABLE CONSERVATION CONTRIBUTIONS OF
LAND BY SMALL FARMERS AND RANCHERS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following:
``SEC. 30B. PRIVATE LAND CONSERVATION.
``(a) Allowance of Credit.--In the case of an eligible farmer or
rancher, there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to 10 percent of the
amount which would (but for subsection (d)(2)) be allowed for such year
as a deduction under section 170 for a qualified conservation
contribution (as defined in section 170(h)).
``(b) Limitations.--
``(1) Maximum credit.--
``(A) In general.--The credit allowed by subsection
(a) for any taxable year shall not exceed the excess
(if any) of--
``(i) $360,000, over
``(ii) the aggregate amount allowed by
subsection (a) (determined without regard to
subsection (e)) to the taxpayer for the 15
prior taxable years.
``(B) Special rule for joint returns.--The amount
of the credit under subsection (a) on a joint return
for any taxable year shall be allocated equally between
the spouses for purposes of applying the limitation
under subparagraph (A) for succeeding taxable years.
``(C) Aggregation rule.--For purposes of this
paragraph, all members of the same controlled group of
corporations (within the meaning of section 267(f)),
and all persons under common control (within the
meaning of section 52(b)) but treating an interest of
more than 20 percent as a controlling interest), shall
be treated as 1 taxpayer.
``(2) Limitation based on amount of tax.--The credit
allowed by subsection (a) for any taxable year shall not exceed
the excess (if any) of--
``(A) the regular tax for the taxable year reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(c) Eligible Farmer or Rancher.--For purposes of this section,
the term `eligible farmer or rancher' means--
``(1) in the case of an individual, a taxpayer whose gross
income from farming (as defined in section 464(e)(1)) is 60
percent or more of the taxpayer's gross income for the taxable
year; and
``(2) in the case of a C corporation--
``(A) the gross income of the corporation from
farming (as so defined) is 60 percent or more of the
corporation's gross income for the taxable year;
``(B) the stock of the corporation is not publicly
traded on a recognized exchange; and
``(C) the fair market value of the assets of the
corporation used in farming does not exceed
$20,000,000.
``(d) Special Rules.--
``(1) Election.--This section shall apply to a taxpayer for
the taxable year only if the taxpayer elects its application
for such year. Such an election, once made, shall be
irrevocable.
``(2) Application with section 170.--No deduction shall be
allowed under section 170 for a qualified conservation
contribution (as defined in section 170(h)) to a taxpayer who
elects to take the credit allowed by subsection (a) for a
qualified conservation contribution during the 15-taxable-year
period described in subsection (b)(1)(A)(ii).
``(e) Carryforward of Excess Credit.--If the credit allowable under
subsection (a) for any taxable year exceeds the amount of the
limitation imposed by subsection (b)(2) for such taxable year, such
excess shall be carried to the succeeding taxable year and added to the
credit allowable under subsection (a) for such succeeding taxable
year.''
(b) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following:
``Sec. 30B. Private land conservation.''
(c) Effective Date.--The amendments made by this section shall
apply with respect to donations of qualified conservation contributions
(as defined in section 170(h) of the Internal Revenue Code of 1986)
made after the date of the enactment of this Act.
SEC. 3. INCREASE IN CHARITABLE CONTRIBUTION LIMIT FOR FARMERS AND
RANCHERS DOING BUSINESS IN CORPORATE FORM.
(a) In General.--Section 170(b)(1) of the Internal Revenue Code of
1986 (relating to corporations) is amended by redesignating
subparagraph (F) as subparagraph (G) and by inserting after
subparagraph (E) the following:
``(F) Certain farmers and ranchers.--A qualified
farmer or rancher (as defined in section 30B(d)) shall
be treated as an individual for purposes of this
section with respect to any qualified conservation
contribution.''
(b) Conforming Amendment.--Section 170(b)(2) of such Code is
amended by striking ``corporation,'' and inserting ``corporation (other
than a corporation that is an eligible farmer or rancher as defined in
section 30B(d) with respect to a qualified conservation
contribution),''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. EXPANSION OF ESTATE TAX EXCLUSION FOR LAND SUBJECT TO QUALIFIED
CONSERVATION EASEMENT.
(a) In General.--Subparagraph (A) of section 2031(c)(8) of the
Internal Revenue Code of 1986 is amended by striking clause (i) and by
redesignating clauses (ii) and (iii) as clauses (i) and (ii),
respectively.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying after the date of the enactment of this
Act. | Private Land Conservation Tax Act - Amends the Internal Revenue Code to: (1) allow a limited credit to an eligible farmer or rancher for a qualified conservation contribution; (2) treat such a farmer or rancher as an individual with respect to any such contribution with respect to the charitable contribution limit; and (3) expand, for estate tax purposes, the definition of land which may qualify for a conservation contribution. | To amend the Internal Revenue Code of 1986 to provide a credit against income tax for certain charitable conservation contributions of land by small farmers and ranchers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Privatization of Art Act of 1991''.
SEC. 2. TERMINATION OF THE NATIONAL ENDOWMENT FOR THE ARTS.
Sections 5 and 6 of the National Foundation on the Arts and the
Humanities Act of 1965 (42 U.S.C. 954, 955) are repealed.
SEC. 3. CONFORMING AMENDMENTS.
(a) Declaration of Purpose.--Section 2 of the National Foundation
on the Arts and the Humanities Act of 1965 (42 U.S.C. 951) is amended--
(1) in paragraphs (1) and (4) by striking ``and the arts'',
(2) in paragraphs (3) and (8) by striking ``the arts and'',
(3) in paragraph (5) by striking ``the practice of art
and'', and
(4) in paragraph (9) by striking ``the Arts and''.
(b) Definitions.--Section 3 of the National Foundation on the Arts
and the Humanities Act of 1965 (42 U.S.C. 952) is amended--
(1) by striking subsections (c) and (f), and
(2) in subsection (d)--
(A) by striking ``to foster American artistic
creativity, to commission works of art,'',
(B) in paragraph (1)--
(i) by striking ``the National Council on
the Arts or'', and
(ii) by striking ``, as the case may be,'',
(C) in paragraph (2)--
(i) by striking ``sections 5(l) and'' and
inserting ``section'',
(ii) in subparagraph (A) by striking
``artistic or'', and
(iii) in subparagraph (B)--
(I) by striking ``the National
Council on the Arts and'', and
(II) by striking ``, as the case
may be,'', and
(D) by striking ``(d)'' and inserting ``(c)'', and
(3) by redesignating subsections (e) and (g) as subsections
(d) and (e), respectively.
(c) Establishment of National Foundation on the Arts and
Humanities.--Section 4(a) of the National Foundation on the Arts and
the Humanities Act of 1965 (42 U.S.C. 953(a)) is amended--
(1) in subsection (a)--
(A) by striking ``the Arts and'' each place it
appears, and
(B) by striking ``a National Endowment for the
Arts,'',
(2) in subsection (b) by striking ``and the arts'', and
(3) in the heading of such section by striking ``the arts
and''.
(d) Federal Council on the Arts and the Humanities.--Section 9 of
the National Foundation on the Arts and the Humanities Act of 1965 (42
U.S.C. 958) is amended--
(1) in subsection (a) by striking ``the Arts and'',
(2) in subsection (b) by striking ``the Chairperson of the
National Endowment for the Arts,'',
(3) in subsection (c)--
(A) in paragraph (1) by striking ``the Chairperson
of the National Endowment for the Arts and'',
(B) in paragraph (3)--
(i) by striking ``the National Endowment
for the Arts'', and
(ii) by striking ``Humanities,'' and
inserting ``Humanities'', and
(C) in paragraph (6) by striking ``the arts and''.
(e) Administrative Functions.--Section 10 of the National
Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 959)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``in them'',
(ii) by striking ``the Chairperson of the
National Endowment for the Arts and'', and
(iii) by striking ``, in carrying out their
respective functions,'',
(B) by striking ``of an Endowment'' each place it
appears,
(C) in paragraph (2)--
(i) by striking ``of that Endowment'' the
first place it appears and inserting ``the
National Endowment for the Humanities'',
(ii) by striking ``sections 6(f) and'' and
inserting ``section'', and
(iii) by striking ``sections 5(c) and'' and
inserting ``section'',
(D) in paragraph (3) by striking ``Chairperson's
functions, define their duties, and supervise their
activities'' and inserting ``functions, define the
activities, and supervise the activities of the
Chairperson'',
(E) by striking the second, third, and fourth
sentences,
(F) in the fifth sentence by striking ``one of its
Endowments and received by the Chairperson of an
Endowment'' and inserting ``the National Endowment for
the Humanities and received by the Chairperson of that
Endowment'',
(G) in the sixth and eighth sentences by striking
``each Chairperson'' each place it appears and
inserting ``the Chairperson'',
(H) in the seventh sentence by striking ``Each
chairperson'' and inserting ``The Chairperson'', and
(I) by striking the ninth, tenth, and eleventh
sentences,
(2) in subsection (b)--
(A) by striking ``Chairperson of the National
Endowment for the Arts and the'', and
(B) by striking ``each'' the first place it
appears,
(3) in subsection (c)--
(A) by striking ``National Council on the Arts and
the'', and
(B) by striking ``, respectively,'',
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Chairperson of the
National Endowment for the Arts and the'', and
(ii) by striking ``sections 5(c) and'' and
inserting ``section'',
(B) in paragraph (2)(A)--
(i) by striking ``either of the
Endowments'' and inserting ``National Endowment
for the Humanities'', and
(ii) by striking ``involved'', and
(C) in paragraph (3)--
(i) by striking ``that provided such
financial assistance'' each place it appears,
and
(ii) in subparagraph (C) by striking ``the
National Endowment for the Arts or'',
(5) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``the Chairperson of the
National Endowment for the Arts and'',
(ii) by striking ``jointly'',
(iii) in subparagraph (A) by striking
``arts education and'', and
(iv) in subparagraph (B) by striking ``arts
and'',
(B) in paragraph (2) by striking ``Endowments'' and
inserting ``Endowment'', and
(C) in paragraph (3)--
(i) by striking ``Endowments'' and
inserting ``Endowment'',
(ii) in subparagraph (B) by striking
``Endowments' '' each place it appears and
inserting ``Endowment's'',
(iii) in subparagraphs (B) and (C) by
striking ``arts and'' each place it appears,
(iv) in subparagraph (D)--
(I) by striking ``National
Endowment for the Arts and the'', and
(II) by striking ``arts
education'', and
(v) in subparagraph (E) by striking
``National Endowment for the Arts and the'',
and
(6) in subsection (f) by striking ``each Endowment'' and
inserting ``the National Endowment for the Humanities''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 11 of the National Foundation on the Arts and the
Humanities Act of 1965 (42 U.S.C. 960) is amended--
(1) in subsection (a)(1)--
(A) by striking subparagraphs (A) and (C), and
(B) in subparagraph (B) by striking ``(B)'',
(2) in subsection (a)(2)--
(A) by striking subparagraph (A), and
(B) in subparagraph (B)--
(i) by striking ``(B)'', and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively,
(3) in subsection (a)(3)--
(A) by striking subparagraph (A),
(B) by redesignating subparagraph (B) as
subparagraph (A),
(C) by striking subparagraph (C), and
(D) in subparagraph (D)--
(i) by striking ``(D)'' and inserting
``(B)'', and
(ii) by striking ``and subparagraph (B)'',
(4) in subsection (a)(4)--
(A) by striking ``Chairperson of the National
Endowment for the Arts and the'',
(B) by striking ``, as the case may be,'', and
(C) by striking ``section 5(e), section 5(l)(2),
section 7(f),'' and inserting ``section 7(f)'',
(5) in subsection (c)--
(A) by striking paragraph (1), and
(B) in paragraph (2) by striking ``(2)'', and
(6) in subsection (d)--
(A) by striking paragraph (1), and
(B) in paragraph (2) by striking ``(2)''.
SEC. 5. SHORT TITLE.
Section 1 of the National Foundation on the Arts and the Humanities
Act of 1965 (20 U.S.C. 951 note) is amended by striking ``the Arts
and''.
SEC. 6. TRANSITION PROVISIONS.
(a) Transfer of Property.--On the effective date of the amendments
made by this Act, all property donated, bequeathed, or devised to the
National Endowment for the Arts and held by such Endowment on such date
is hereby transferred to the National Endowment for the Humanities.
(b) Termination of Operations.--The Director of the Office of
Management and Budget shall provide for the termination of the affairs
of the National Endowment for the Arts and the National Council on the
Arts. Except as provided in subsection (a), the Director shall provide
for the transfer or other disposition of personnel, assets,
liabilities, grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made available
in connection with implementing the authorities terminated by the
amendments made by this Act.
SEC. 7. EFFECTIVE DATES.
(a) General Effective Date.--Except as provided in subsection (b),
this Act shall take effect on the date of the enactment of this Act.
(b) Effective Date of Amendments.--Sections 2, 3, 4, and 5 shall
take effect on the first day of the first fiscal year beginning after
the date of the enactment of this Act. | Privatization of Art Act of 1991 (sic) - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Arts (NEA) and the National Council on the Arts (NCA).
Provides for transfer of all NEA property to the National Endowment for the Humanities. Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of NEA and NCA. | Privatization of Art Act of 1991 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Misclassification
Prevention Act''.
SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES.
(a) Recordkeeping and Notice Requirements.--Section 11(c) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended--
(1) by striking ``Every employer'' and inserting ``(1)
Every employer'';
(2) by striking ``the persons employed by him'' and
inserting ``(A) the persons employed by such employer'';
(3) by striking ``maintained by him'' and inserting ``, (B)
the individuals who are not employees of the employer (within
the meaning of section 3(g)) but with whom the employer, in the
course of the trade or business in which the employer is
engaged, has engaged for the performance of labor or services,
and of the remuneration relating to the performance of labor or
services by such individuals, and (C) the notices required
under paragraph (3),''; and
(4) by inserting at the end the following:
``(2) All records under this subsection shall contain an accurate
classification of the status of each individual described in paragraph
(1) as either an employee of the employer (within the meaning of
section 3(g)) or a non-employee engaged by the employer for the
performance of labor or services.
``(3)(A) Every employer subject to any provision of this Act or any
order issued under this Act shall provide the notice described in
subparagraph (C) to each employee of the employer and each individual
classified under paragraph (2) as a non-employee engaged by the
employer for the performance of labor or services.
``(B) Such notice shall be provided, at minimum, not later than 6
months after the date of enactment of the Employee Misclassification
Prevention Act, and thereafter for new employees, upon employment, and
for non-employees engaged for the performance of labor or services,
upon commencement of the services subject to such contract. Every
employer shall also provide such notice to any individual upon changing
such individual's status as an employee or non-employee under paragraph
(2).
``(C) The notice required under this paragraph shall be in writing
and shall--
``(i) inform the individual of the employer's
classification of the individual as an employee or a non-
employee under paragraph (2);
``(ii) include a statement directing such individual to a
Department of Labor website established for the purpose of
providing further information about the rights of employees
under the law;
``(iii) include the address and telephone number for the
applicable local office of the Federal Department of Labor;
``(iv) include for those individuals classified by the
employer as a non-employee under paragraph (2), the following
statement: `Your rights to wage, hour, and other labor
protections depend upon your proper classification as an
employee or non-employee. If you have any questions or concerns
about how you have been classified or suspect that you may have
been misclassified, contact the U.S. Department of Labor.'; and
``(v) include such additional information as the Secretary
shall prescribe by regulation.''.
(b) Special Prohibited Act.--Section 15(a) of such Act is amended
by adding at the end the following:
``(6) to fail to accurately classify an individual in
accordance with section 11(c).''.
(c) Special Penalty for Certain Recordkeeping and Notice
Violations.--Section 16 of the Fair Labor Standards Act of 1938 (29
U.S.C. 216) is amended--
(1) in subsection (b)--
(A) in the third sentence, by striking ``either of
the preceding sentences'' and inserting ``any of the
preceding sentences''; and
(B) by inserting after the first sentence the
following: ``Such liquidated damages are doubled
(subject to section 11 of the Portal-to-Portal Pay Act
of 1947 (29 U.S.C. 260)) where, in addition to
violating the provisions of section 6 or 7, the
employer has violated the provisions of section
15(a)(6) with respect to such employee or employees.'';
and
(2) in subsection (e), after the first sentence in the
matter preceding paragraph (1), by inserting the following:
``Any person who repeatedly or willfully violates section
15(a)(6) shall be subject to a civil penalty of not to exceed
$10,000 for each such violation.''.
(d) Employee Rights Website.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Labor shall establish, for
purposes of section 11(c)(3)(C)(ii) of the Fair Labor Standards Act of
1938 (as added by this Act), a single web page on the Department of
Labor website that summarizes in plain language the rights of employees
under the Fair Labor Standards Act and other Federal laws. Such web
page shall contain appropriate links to additional information on the
Department of Labor website or other Federal agency websites, including
wage and hour complaint forms, along with a statement explaining that
employees may have additional or greater rights under State or local
laws and how employees may obtain additional information about their
rights under State or local laws. Such web page shall be made available
in English and any other languages which the Secretary determines to be
prevalent among individuals likely to access the web page. The
Secretary shall coordinate with other relevant Federal agencies in
order to provide similar information (or a link to the Department of
Labor web page required by this subsection) on the websites of such
other agencies.
SEC. 3. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION
PURPOSES.
(a) In General.--Section 303(a) of the Social Security Act (42
U.S.C. 503(a)) is amended--
(1) in paragraph (10), by striking the period and inserting
``; and''; and
(2) by adding after paragraph (10) the following:
``(11)(A) Such auditing and investigative programs as may
be necessary to identify employers that have not registered
under the State law or that are paying unreported compensation,
where these actions or omissions by the employers have the
effect of excluding employees from unemployment compensation
coverage; and
``(B) The making of quarterly reports to the Secretary of
Labor (in such form as the Secretary of Labor may require)
describing the results of programs under subparagraph (A); and
``(12) The establishment of administrative penalties for
misclassifying employees, or paying unreported compensation to
employees without proper recordkeeping, for unemployment
compensation purposes.''.
(b) Review of Auditing Programs.--The Secretary of Labor shall
include, in the Department of Labor's system for measuring States'
performance in conducting unemployment compensation tax audits, a
specific measure of their effectiveness in identifying the
underreporting of wages and the underpayment of unemployment
compensation tax contributions (including their effectiveness in
identifying instances of such underreporting or underpayments despite
the absence of cancelled checks, original time sheets, or other similar
documentation).
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect 12 months
after the date of the enactment of this Act.
(2) Exception.--If the Secretary of Labor finds that
legislation is necessary in order for the unemployment
compensation law of a State to comply with the amendments made
by subsection (a), such amendments shall not apply with respect
to such law until the later of--
(A) the day after the close of the first session of
the legislature of such State which begins after the
date of the enactment of this Act; or
(B) 12 months after the date of the enactment of
this Act.
(d) Definitions.--For purposes of this section--
(1) the term ``State'' has the meaning given such term by
section 3306(j) of the Internal Revenue Code of 1986 (26 U.S.C.
3306(j)); and
(2) the term ``session'', as used with respect to a State
legislature, means a regular, special, budget, or other session
of such legislature.
SEC. 4. DEPARTMENT OF LABOR COORDINATION AND REFERRAL.
Notwithstanding any other provision of law, any office,
administration, or division of the Department of Labor that, while in
the performance of its official duties, obtains information regarding
the misclassification by an employer of any individual regarding
whether such individual is an employee or a non-employee contracted for
the performance of services for purposes of section 6 or 7 of the Fair
Labor Standards Act or in records required under section 11(c) of such
Act, shall report such information to the Employment Standards
Administration of the Department. The Employment Standards
Administration may report such information to the Internal Revenue
Service as the Administration considers appropriate.
SEC. 5. TARGETED AUDITS.
The Secretary of Labor shall ensure that at least 25 percent of the
audits of employers subject to the Fair Labor Standards Act that are
conducted by the Wage and Hour Division of the Department of Labor are
focused on potential violations of the recordkeeping requirements of
section 11(c) of such Act (29 U.S.C. 211(c)) (as amended by this Act).
Such Division shall focus such audits on employers in industries with
frequent incidence of misclassifying employees as non-employees, as
determined by the Secretary. | Employee Misclassification Prevention Act - Amends the Fair Labor Standards Act of 1938 to require every employer to: (1) keep records of non-employees (contractors) who perform labor or services (except substitute work) for remuneration; and (2) provide certain notice to each employee and non-employee, including their classification as an employee or non-employee and information concerning their rights under the law.
Makes it unlawful for any person to fail to accurately classify an employee or non-employee.
Doubles the amount of liquidated damages for maximum hours, minimum wage, and notice of classification violations by an employer. Subjects a person who repeatedly or willfully violates such notice requirements to a civil penalty not to exceed $10,000 for each violation.
Directs the Secretary of Labor to establish a web page on the Department of Labor website that summarizes the rights of employees under the Fair Labor Standards Act and other federal laws.
Requires, as a condition for a federal grant for the administration of state unemployment compensation, for the state's unemployment compensation law to include a provision for: (1) auditing programs that identify employers that have not registered under the state law or that are paying unreported compensation where the effect is to exclude employees from unemployment compensation coverage; and (2) establishing administrative penalties for misclassifying employees or paying unreported unemployment compensation to employees.
Requires any office, administration, or division of the Department of Labor to report any misclassification of an employee by an employer that it discovers to the Department's Employment Standards Administration (ESA). Authorizes the ESA to report such information to the Internal Revenue Service (IRS). | A bill to amend the Fair Labor Standards Act to require employers to keep records of non-employees who perform labor or services for remuneration and to provide a special penalty for employers who misclassify employees as non-employees, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Efficiency Fairness Act of
2004''.
SEC. 2. REPEAL OF PHASEOUT OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) In General.--Subsection (b) of section 30 of the Internal
Revenue Code of 1986 is amended by striking paragraph (2) and by
redesignating paragraph (3) as paragraph (2).
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2003.
SEC. 3. REPEAL OF PHASEOUT OF DEDUCTION FOR CLEAN-FUEL VEHICLE
PROPERTY.
(a) In General.--Paragraph (1) of section 179A(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Qualified clean-fuel vehicle property.--The cost
which may be taken into account under subsection (a)(1)(A) with
respect to any motor vehicle shall not exceed--
``(A) in the case of a motor vehicle not described
in subparagraph (B) or (C), $2,000,
``(B) in the case of any truck or van with a gross
vehicle weight rating greater than 10,000 pounds but
not greater than 26,000 pounds, $5,000, or
``(C) $50,000 in the case of--
``(i) a truck or van with a gross vehicle
weight rating greater than 26,000 pounds, or
``(ii) any bus which has a seating capacity
of at least 20 adults (not including the
driver).''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2003.
SEC. 4. EXCEPTION FOR HYBRID VEHICLES FROM LIMITATION ON DEPRECIATION
OF CERTAIN LUXURY VEHICLES.
(a) In General.--Subparagraph (B) of section 280F(d)(5) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (ii), by striking the period at the end of clause (iii) and
inserting ``, and'', and by adding at the end the following new clause:
``(iv) any new qualified hybrid motor
vehicle.''.
(b) New Qualified Hybrid Motor Vehicle.--Subsection (d) of section
280F of such Code is amended by adding at the end the following new
paragraph:
``(11) New qualified hybrid motor vehicle.--
``(A) The term `qualified hybrid motor vehicle'
means a passenger automobile (determined without regard
to paragraph (5)(B)(iv))--
``(i) which is acquired for use or lease by
the taxpayer and not for resale,
``(ii) which is made by a manufacturer,
``(iii) which draws propulsion energy
from--
``(I) an internal combustion or
heat engine using combustible fuel, and
``(II) a rechargeable onboard
energy storage system which operates at
no less than 100 volts and which
provides a percentage of maximum
available power of at least 5 percent,
``(iv) which has received a certificate
that such vehicle meets or exceeds the Bin 5
Tier II emission level established in
regulations prescribed by the Administrator of
the Environmental Protection Agency under
section 202(i) of the Clean Air Act for that
make and model year vehicle, and
``(v) which achieves at least 125 percent
of the average 2002 model year city fuel
economy in the vehicle inertia weight classes
for the category of passenger automobile, light
duty truck, or medium duty passenger vehicle
(as defined and determined by the Environmental
Protection Agency) to which it belongs.
``(B) Vehicle inertia weight classes.--For purposes
of subparagraph (A)(v), the vehicle inertial weight
classes are--
``(i) 1,500 and 1,750 pounds (calculated
based on the 1,750 pound weight class),
``(ii) 2,000 pounds,
``(iii) 2,250 pounds,
``(iv) 2,500 pounds,
``(v) 2,750 pounds,
``(vi) 3,000 pounds,
``(vii) 3,500 pounds,
``(viii) 4,000 pounds,
``(ix) 4,500 pounds,
``(x) 5,000 pounds,
``(xi) 5,500 pounds, and
``(xii) 6,000 pounds.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2003. | Fuel Efficiency Fairness Act of 2004 - Amends the Internal Revenue Code to: (1) repeal the phaseout of the tax credit for qualified electric vehicles; (2) repeal the phaseout of the tax deduction for qualified clean-fuel vehicle property; and (3) exempt new qualified hybrid motor vehicles from the limitations on the depreciation of luxury automobiles. | To amend the Internal Revenue Code of 1986 to repeal the phaseout of the credit for qualified electric vehicles, to repeal the phaseout of the deduction for clean-fuel vehicle property, and to exempt certain hybrid vehicles from the limitation on the depreciation of certain luxury automobiles. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 Memorial Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered memorial.--The term ``covered memorial'' means
a memorial located in the United States established to
commemorate the events of, and honor the victims of, the
terrorist attacks on the World Trade Center, the Pentagon, and
United Airlines Flight 93 on September 11, 2001, at the site of
the attacks.
(2) Eligible entity.--The term ``eligible entity'' means
the official organization, as in existence on the date of
enactment of this Act--
(A) the focus of which is the operations and
preservation of a covered memorial; and
(B) which is an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under 501(a) of that Code.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. COMPETITIVE GRANTS FOR COVERED MEMORIALS.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall award to eligible entities competitive grants of
varying amounts, as determined by the Secretary, to be used by the
eligible entity solely for the purposes described in subsection (b).
(b) Purposes.--A grant awarded under subsection (a) shall be used
by an eligible entity for the operation, security, and maintenance of a
covered memorial.
(c) Deadline for Award.--If the Secretary, after review of an
application from an eligible entity, determines to award a grant to the
eligible entity, the Secretary shall award the grant not later than 60
days after the date of receipt of the completed application.
(d) Availability.--Grant funds made available under this section
shall remain available until expended.
(e) Criteria.--In awarding grants under this section, the Secretary
shall give greatest weight in the selection of eligible entities using
the following criteria:
(1) The needs of the eligible entity, and ability and
commitment of the eligible entity to use grant funds, with
respect to ensuring the security and safety of visitors of the
covered memorial.
(2) The ability of the eligible entity to match the amount
of the grant, on at least a 1-to-1 basis, with non-Federal
assets from non-Federal sources, including cash or durable
goods and materials fairly valued, as determined by the
Secretary.
(3) The greatest number of visitors that would benefit.
(4) The ability and commitment of an eligible entity to use
grant funds--
(A) to preserve the grounds at the covered
memorial; and
(B) to educate future generations.
(5) The ability and commitment of an eligible entity to use
grant funds to increase the numbers of economically
disadvantaged visitors to the covered memorial.
(f) Limitation.--No grant shall be awarded under this section--
(1) for use at a covered memorial that does not provide
for--
(A) free admission to all facilities and museums
associated with the covered memorial for active and
retired members of the military, registered first
responders to the attacks of September 11, 2001, and
family members of victims of the attacks of September
11, 2001; and
(B) dedicated free admission hours for the general
public at least once a week; or
(2) to an eligible entity that does not allow for annual
Federal audits of the financial statements of the eligible
entity, including revenues associated with ticket sales,
charitable donations, grants, and all expenditures on salaries
and operations, which shall be subject to review by the
Secretary and made available to the public.
(g) Reports.--Not later than 90 days after the end of each calendar
year for which an eligible entity obligates or expends any amounts made
available under a grant under this section, the eligible entity shall
submit to the Secretary and the appropriate committees of Congress a
report that--
(1) specifies the amount of grant funds obligated or
expended for the preceding fiscal year;
(2) specifies any purposes for which the funds were
obligated or expended; and
(3) includes any other information that the Secretary may
require to more effectively administer the grant program under
this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
each of fiscal years 2019 through 2023. | 9/11 Memorial Act This bill directs the Department of the Interior to award competitive grants for the continued operation, security, and maintenance of the on-site memorials to the events and victims of the September 11, 2001, terrorist attacks on the World Trade Center, the Pentagon, and United Airlines Flight 93. | 9/11 Memorial Act |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Health Savings
Account Expansion Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, etc.
TITLE I--EXPANSION OF HEALTH SAVINGS ACCOUNTS
Sec. 101. Repeal of high deductible health plan requirement.
Sec. 102. Health insurance may be purchased from account.
Sec. 103. Increase in dollar limitation.
Sec. 104. Effective date.
TITLE II--TERMINATION OF EXISTING HEALTH-RELATED TAX PREFERENCES FOR
MEDICAL COVERAGE, MEDICAL CARE, ETC
Sec. 201. Termination of existing health-related tax preferences for
medical coverage, medical care, etc.
Sec. 202. Termination of employer deduction for health coverage.
TITLE I--EXPANSION OF HEALTH SAVINGS ACCOUNTS
SEC. 101. REPEAL OF HIGH DEDUCTIBLE HEALTH PLAN REQUIREMENT.
(a) In General.--Section 223 of the Internal Revenue Code of 1986
is amended by striking subsection (c) and redesignating subsections (d)
through (h) as subsections (c) through (g), respectively.
(b) Conforming Amendments.--
(1) Subsection (a) of section 223 of such Code is amended
to read as follows:
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction for a taxable year an amount equal to the
aggregate amount paid in cash during such taxable year by or on behalf
of such individual to a health savings account of such individual.''.
(2) Subsection (b) of section 223 of such Code is amended
by striking paragraph (8).
(3) Subparagraph (A) of section 223(c)(1) of the Internal
Revenue Code of 1986 (as redesignated by subsection (a)) is
amended--
(A) by striking ``subsection (f)(5)'' and inserting
``subsection (e)(5)'', and
(B) in clause (ii)--
(i) by striking ``the sum of--'' and all
that follows and inserting ``the dollar amount
in effect under subsection (b)(1).''.
(4) Section 223(f)(1) of such Code (as redesignated by
subsection (a)) is amended by striking ``Each dollar amount in
subsections (b)(2) and (c)(2)(A)'' and inserting ``In the case
of a taxable year beginning after December 31, 2010, each
dollar amount in subsection (b)(1)''.
(5) Section 26(b)(U) of such Code is amended by striking
``section 223(f)(4)'' and inserting ``section 223(e)(4)''.
(6) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v),
4973(a)(5), and 6051(a)(12) of such Code are each amended by
striking ``section 223(d)'' each place it appears and inserting
``section 223(c)''.
(7) Section 106(d)(1) of such Code is amended--
(A) by striking ``who is an eligible individual (as
defined in section 223(c)(1))'', and
(B) by striking ``section 223(d)'' and inserting
``section 223(c)''.
(8) Section 408(d)(9) of such Code is amended--
(A) in subparagraph (A) by striking ``who is an
eligible individual (as defined in section 223(c))
and'', and
(B) in subparagraph (C) by striking ``computed on
the basis of the type of coverage under the high
deductible health plan covering the individual at the
time of the qualified HSA funding distribution''.
(9) Section 877A(g)(6) of such Code is amended by striking
``223(f)(4)'' and inserting ``223(e)(4)''.
(10) Section 4973(g) of such Code is amended--
(A) by striking ``section 223(d)'' and inserting
``section 223(c)'',
(B) in paragraph (2), by striking ``section
223(f)(2)'' and inserting ``section 223(e)(2)'', and
(C) by striking ``section 223(f)(3)'' and inserting
``section 223(e)(3)''.
(11) Section 4975 of such Code is amended--
(A) in subsection (c)(6)--
(i) by striking ``section 223(d)'' and
inserting ``section 223(c)'', and
(ii) by striking ``section 223(e)(2)'' and
inserting ``section 223(d)(2)'', and
(B) in subsection (e)(1)(E), by striking ``section
223(d)'' and inserting ``section 223(c)''.
(12) Section 6693(a)(2)(C) of such Code is amended by
striking ``section 223(h)'' and inserting ``section 223(g)''.
SEC. 102. HEALTH INSURANCE MAY BE PURCHASED FROM ACCOUNT.
Paragraph (2) of section 223(d) of the Internal Revenue Code of
1986 is amended to read as follows:
``(2) Qualified medical expenses.--The term `qualified
medical expenses' means, with respect to an account
beneficiary, amounts paid by such beneficiary for medical care
(as defined in section 213(d)) for such individual, the spouse
of such individual, and any dependent (as defined in section
152, determined without regard to subsections (b)(1), (b)(2),
and (d)(1)(B) thereof) of such individual, but only to the
extent such amounts are not compensated for by insurance or
otherwise.''.
SEC. 103. INCREASE IN DOLLAR LIMITATION.
(a) In General.--Paragraph (1) of section 223(b) of the Internal
Revenue Code of 1986 is amended by striking ``the sum of the monthly''
and all that follows through ``eligible individual'' and inserting
``$8,000 ($16,000 in the case of a joint return)''.
(b) Conforming Amendments.--
(1) Subsection (b) of such Code is amended by striking
paragraphs (2), (3), and (5) and by redesignating paragraphs
(4), (6), and (7) as paragraphs (2), (3), and (4),
respectively.
(2) Paragraph (2) of section 223(b) of such Code (as
redesignated by paragraph (1)) is amended by striking the last
sentence.
(3) Paragraph (4) of section 223(b) of such Code (as
redesignated by paragraph (1)) is amended to read as follows:
``(4) Medicare eligible individuals.--The limitation under
this subsection for any taxable year with respect to an
individual shall--
``(A) in the case of the first taxable year in
which such individual is entitled to benefits under
title XVIII of the Social Security Act, be the amount
which bears the same proportion to the amount in effect
under paragraph (1) with respect to such individual
as--
``(i) the number of months in the taxable
year during which such individual was not so
entitled, bears
``(ii) to 12, and
``(B) be zero for any taxable year thereafter.''.
(4) Subparagraph (B) of section 223(f)(1) of such Code (as
redesignated by section 101) is amended to read as follows:
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
such taxable year begins determined by substituting
`calendar year 2009' for `calendar year 1992'.''.
SEC. 104. EFFECTIVE DATE.
The amendments made by this title shall apply to taxable years
beginning after the date of the enactment of this Act.
TITLE II--TERMINATION OF EXISTING HEALTH-RELATED TAX PREFERENCES FOR
MEDICAL COVERAGE, MEDICAL CARE, ETC
SEC. 201. TERMINATION OF EXISTING HEALTH-RELATED TAX PREFERENCES FOR
MEDICAL COVERAGE, MEDICAL CARE, ETC.
(a) Amounts Received Under Accident and Health Plans.--Section 105
of the Internal Revenue Code of 1986 is amended by adding at the end
the following:
``(k) Termination.--This section shall not apply to taxable years
beginning after December 31, 2009.''.
(b) Contributions by Employer to Accident and Health Plans.--
(1) In general.--Section 106 of such Code is amended by
adding at the end the following:
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2009.''.
(2) Conforming amendment.--Subparagraph (B) of section
223(b)(2) of such Code, as amended by section 103 of this Act,
is amended by striking ``which is excludable from the
taxpayer's gross income for such taxable year under section
106(d)'' and inserting ``which would have been excludable from
the taxpayer's gross income for such taxable year under section
106(d) (determined as if such section was in effect on the day
before the date of enactment of the Health Savings Account
Expansion Act of 2009)''.
(c) Special Rules for Health Insurance Costs of Self-Employed
Individuals.--Paragraph (1) of section 162(l) of such Code is amended
by adding at the end the following new subparagraph:
``(C) Years after 2009.--In the case of any taxable
year beginning in a calendar year after 2009, the
applicable percentage shall be zero.''.
(d) Medical, Dental, etc., Expenses.--Section 213 of such Code is
amended by adding at the end the following:
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2009.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 202. TERMINATION OF EMPLOYER DEDUCTION FOR HEALTH COVERAGE.
(a) In General.--Section 162 of the Internal Revenue Code of 1986
is amended by redesignating subsection (q) as subsection (r) and by
inserting after subsection (p) the following new subsection:
``(q) Denial of Deduction for Medical Care.--No deduction shall be
allowed under this chapter to an employer for any amount paid or
incurred with respect to an employee, his spouse, and dependents during
the taxable year--
``(1) for insurance which constitutes medical care,
``(2) under a health flexible spending arrangement or
health reimbursement arrangement,
``(3) to an Archer MSA or a health savings account, or
``(4) under any other arrangement under which the employer
provides medical care, directly or indirectly, to the employee,
spouse, or dependent.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2009. | Health Savings Account Expansion Act of 2009 - Amends Internal Revenue Code provisions relating to health savings accounts (HSAs) to: (1) eliminate the high deductible health plan coverage requirement for HSA participants; (2) eliminate the prohibition against purchasing health insurance from an HSA; and (3) increase to $8,000 the maximum dollar amount of the tax deduction for payments to an HSA.
Eliminates after 2009 the tax exclusions for employee benefits under an employer-provided accident or health plan and the tax deductions for the health insurance costs of self-employed individuals, for medical and dental expenses, and for employer payments for employee medical care. | To amend the Internal Revenue Code of 1986 to expand the permissible use of health savings accounts to include health insurance payments and to increase the dollar limitation for contributions to health savings accounts, and for other purposes. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Birth Defects
Prevention Act of 1998''.
(b) Findings.--Congress makes the following findings:
(1) Birth defects are the leading cause of infant mortality,
directly responsible for one out of every five infant deaths.
(2) Thousands of the 150,000 infants born with a serious birth
defect annually face a lifetime of chronic disability and illness.
(3) Birth defects threaten the lives of infants of all racial
and ethnic backgrounds. However, some conditions pose excess risks
for certain populations. For example, compared to all infants born
in the United States, Hispanic-American infants are more likely to
be born with anencephaly spina bifida and other neural tube defects
and African-American infants are more likely to be born with
sickle-cell anemia.
(4) Birth defects can be caused by exposure to environmental
hazards, adverse health conditions during pregnancy, or genetic
mutations. Prevention efforts are slowed by lack of information
about the number and causes of birth defects. Outbreaks of birth
defects may go undetected because surveillance and research efforts
are underdeveloped and poorly coordinated.
(5) Public awareness strategies, such as programs using folic
acid vitamin supplements to prevent spina bifida and alcohol
avoidance programs to prevent Fetal Alcohol Syndrome, are essential
to prevent the heartache and costs associated with birth defects.
SEC. 2. PROGRAMS REGARDING BIRTH DEFECTS.
Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is
amended to read as follows:
``programs regarding birth defects
``Sec. 317C. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall carry
out programs--
``(1) to collect, analyze, and make available data on birth
defects (in a manner that facilitates compliance with subsection
(d)(2)), including data on the causes of such defects and on the
incidence and prevalence of such defects;
``(2) to operate regional centers for the conduct of applied
epidemiological research on the prevention of such defects; and
``(3) to provide information and education to the public on the
prevention of such defects.
``(b) Additional Provisions Regarding Collection of Data.--
``(1) In general.--In carrying out subsection (a)(1), the
Secretary--
``(A) shall collect and analyze data by gender and by
racial and ethnic group, including Hispanics, non-Hispanic
whites, Blacks, Native Americans, Asian Americans, and Pacific
Islanders;
``(B) shall collect data under subparagraph (A) from birth
certificates, death certificates, hospital records, and such
other sources as the Secretary determines to be appropriate;
and
``(C) shall encourage States to establish or improve
programs for the collection and analysis of epidemiological
data on birth defects, and to make the data available.
``(2) National clearinghouse.--In carrying out subsection
(a)(1), the Secretary shall establish and maintain a National
Information Clearinghouse on Birth Defects to collect and
disseminate to health professionals and the general public
information on birth defects, including the prevention of such
defects.
``(c) Grants and Contracts.--
``(1) In general.--In carrying out subsection (a), the
Secretary may make grants to and enter into contracts with public
and nonprofit private entities.
``(2) Supplies and services in lieu of award funds.--
``(A) Upon the request of a recipient of an award of a
grant or contract under paragraph (1), the Secretary may,
subject to subparagraph (B), provide supplies, equipment, and
services for the purpose of aiding the recipient in carrying
out the purposes for which the award is made and, for such
purposes, may detail to the recipient any officer or employee
of the Department of Health and Human Services.
``(B) With respect to a request described in subparagraph
(A), the Secretary shall reduce the amount of payments under
the award involved by an amount equal to the costs of detailing
personnel and the fair market value of any supplies, equipment,
or services provided by the Secretary. The Secretary shall, for
the payment of expenses incurred in complying with such
request, expend the amounts withheld.
``(3) Application for award.--The Secretary may make an award
of a grant or contract under paragraph (1) only if an application
for the award is submitted to the Secretary and the application is
in such form, is made in such manner, and contains such agreements,
assurances, and information as the Secretary determines to be
necessary to carry out the purposes for which the award is to be
made.
``(d) Biennial Report.--Not later than February 1 of fiscal year
1999 and of every second such year thereafter, the Secretary shall
submit to the Committee on Commerce of the House of Representatives,
and the Committee on Labor and Human Resources of the Senate, a report
that, with respect to the preceding 2 fiscal years--
``(1) contains information regarding the incidence and
prevalence of birth defects and the extent to which birth defects
have contributed to the incidence and prevalence of infant
mortality;
``(2) contains information under paragraph (1) that is specific
to various racial and ethnic groups (including Hispanics, non-
Hispanic whites, Blacks, Native Americans, and Asian Americans);
``(3) contains an assessment of the extent to which various
approaches of preventing birth defects have been effective;
``(4) describes the activities carried out under this section;
and
``(5) contains any recommendations of the Secretary regarding
this section.
``(e) Applicability of Privacy Laws.--The provisions of this
section shall be subject to the requirements of section 552a of title
5, United States Code. All Federal laws relating to the privacy of
information shall apply to the data and information that is collected
under this section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $30,000,000
for fiscal year 1999, $40,000,000 for fiscal year 2000, and such sums
as may be necessary for each of the fiscal years 2001 and 2002.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Birth Defects Prevention Act of 1997 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention, to carry out programs to: (1) collect and analyze, and make available data on birth defects in a manner that facilitates compliance with this Act, including data on the causes of such defects and on the incidence and prevalence of such defects; (2) operate regional centers for the conduct of applied epidemiological research on the prevention of such defects; and (3) provide information and education to the public on the prevention of such defects. Requires the Secretary, in collecting, analyzing, and making available data on birth defects, to: (1) collect and analyze data by gender and by racial and ethnic group; (2) collect such data from birth and death certificates, hospital records, and such other sources as the Secretary determines to be appropriate; and (3) encourage States to establish or improve programs for the collection and analysis of epidemiological data on birth defects and to make the data available. Directs the Secretary to establish a National Information Clearinghouse on Birth Defects to collect and disseminate to health professionals and the public information on birth defects, including the prevention of such defects. Authorizes the Secretary, in carrying out programs regarding birth defects, to make grants to and enter into contracts with public and nonprofit private entities. Authorizes the Secretary, upon the request of a recipient of an award of a grant or contract, to provide supplies, equipment, and services for the purpose of aiding the recipient in carrying out the purposes for which the award is made and, for such purposes, to detail to the recipient any HHS officer or employee. Authorizes the Secretary to make an award of a grant or contract only if an application for the award is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out the purposes for which the award is to be made. Requires the Secretary to report biennially to the House Committee on Commerce and the Senate Committee on Labor and Human Resources regarding birth defects. Subjects the provisions of this Act to requirements of the Privacy Act. Applies all Federal laws relating to the privacy of information to data and information collected under this Act. Authorizes appropriations. | Birth Defects Prevention Act of 1998 |
SECTION 1. EXTENSION AND MODIFICATION OF SPECIAL ALLOWANCE FOR CERTAIN
PROPERTY ACQUIRED DURING 2009.
(a) Extension.--
(1) In general.--Paragraph (2) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2010'' and inserting
``January 1, 2011'', and
(B) by striking ``January 1, 2009'' each place it
appears and inserting ``January 1, 2010''.
(2) Conforming amendments.--
(A) The heading for subsection (k) of section 168
of such Code is amended by striking ``January 1, 2009''
and inserting ``January 1, 2010''.
(B) The heading for clause (ii) of section
168(k)(2)(B) of such Code is amended by striking ``pre-
january 1, 2009'' and inserting ``pre-january 1,
2010''.
(C) Subparagraph (D) of section 168(k)(4) of such
Code is amended--
(i) by striking ``and'' at the end of
clause (i),
(ii) by redesignating clause (ii) as clause
(v), and
(iii) by inserting after clause (i) the
following new clauses:
``(ii) `April 1, 2008' shall be substituted
for `January 1, 2008' in subparagraph
(A)(iii)(I) thereof,
``(iii) `January 1, 2009' shall be
substituted for `January 1, 2010' each place it
appears,
``(iv) `January 1, 2010' shall be
substituted for `January 1, 2011' in
subparagraph (A)(iv) thereof, and''.
(D) Subparagraph (B) of section 168(l)(5) 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''.
(3) Effective dates.--
(A) In general.--Except as provided in subparagraph
(B), the amendments made by this subsection shall apply
to property placed in service after December 31, 2008,
in taxable years ending after such date.
(B) Technical amendment.--Section 168(k)(4)(D)(ii)
of the Internal Revenue Code of 1986, as added by
paragraph (2)(C)(iii), shall apply to taxable years
ending after March 31, 2008.
(b) Inclusion of Films or Videotape as Qualified Property.--
(1) In general.--Section 168(k)(2) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(H) Certain films.--The term `qualified property'
includes property--
``(i) which is a motion picture film or
video tape (within the meaning of subsection
(f)(3)) for which a deduction is allowable
under section 167(a) without regard to this
section,
``(ii) the original use of which commences
with the taxpayer after December 31, 2008,
``(iii) which is--
``(I) acquired by the taxpayer
after December 31, 2008, and before
January 1, 2010, but only if no written
binding contract for the acquisition
was in effect before January 1, 2009,
or
``(II) acquired by the taxpayer
pursuant to a written binding contract
which was entered into after December
31, 2008, and before January 1, 2010,
and
``(iv) which is placed in service by the
taxpayer before January 1, 2010, or, in the
case of property described in subparagraph (B),
before January 1, 2011.''.
(2) Conforming amendments.--
(A) Subclause (I) of section 168(k)(2)(B)(i) of
such Code is amended by inserting ``or (H)'' after
``subparagraph (A)''.
(B) Clause (iii) of section 168(k)(2)(D) of such
Code is amended by adding at the end the following new
sentence: ``For purposes of the preceding sentence, all
property described in subparagraph (H) shall be treated
as one class of property.''.
(C) Subparagraph (E) of section 168(k)(2) of such
Code is amended by adding at the end the following new
clause:
``(v) Application to film and videotape
property.--In the case of property described in
subparagraph (H), clauses (i), (ii), (iii), and
(iv) of this subparagraph shall be applied--
``(I) by substituting `December 31,
2008' for `December 31, 2007' each
place it appears, and
``(II) by treating any reference to
a clause of subparagraph (A) as a
reference to the corresponding clause
of subparagraph (H).''.
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2008.
SEC. 2. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) In General.--Paragraph (7) of section 179(b) of the Internal
Revenue Code of 1986 is amended--
(1) by inserting ``and 2009'' after ``2008'' in the
heading, and
(2) by inserting ``or 2009'' after ``In the case of any
taxable year beginning in 2008''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Amends the Internal Revenue Code to: (1) extend for one year the additional 50% depreciation allowance (bonus depreciation) for business property placed in service in 2009; (2) qualify motion picture film or video tape for bonus depreciation; and (3) extend through 2009 the increased ($250,000) expensing allowance for certain depreciable business assets. | A bill to amend the Internal Revenue Code of 1986 to extend and modify the special allowance for property acquired during 2009 and to temporarily increase the limitation for expensing certain business assets. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Longline Catcher Processor Subsector
Single Fishery Cooperative Act''.
SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY COOPERATIVE
FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.
(a) In General.--Upon the request of eligible members of the
longline catcher processor subsector holding at least 80 percent of the
licenses issued for that subsector, the Secretary is authorized to
approve a single fishery cooperative for the longline catcher processor
subsector in the BSAI.
(b) Limitation.--A single fishery cooperative approved under this
section shall include a limitation prohibiting any eligible member from
harvesting a total of more than 20 percent of the Pacific cod available
to be harvested in the longline catcher processor subsector, the
violation of which is subject to the penalties, sanctions, and
forfeitures under section 308 of the Magnuson-Stevens Act (16 U.S.C.
1858), except that such limitation shall not apply to harvest amounts
from quota assigned explicitly to a CDQ group as part of a CDQ
allocation to an entity established by section 305(i) of the Magnuson-
Stevens Act (16 U.S.C. 1855(i)).
(c) Contract Submission and Review.--The longline catcher processor
subsector shall submit to the Secretary--
(1) not later than November 1 of each year, a contract to
implement a single fishery cooperative approved under this
section for the following calendar year; and
(2) not later than 60 days prior to the commencement of
fishing under the single fishery cooperative, any interim
modifications to the contract submitted under paragraph (1).
(d) Department of Justice Review.--Not later than November 1 before
the first year of fishing under a single fishery cooperative approved
under this section, the longline catcher processor sector shall submit
to the Secretary a copy of a letter from a party to the contract under
subsection (c)(1) requesting a business review letter from the Attorney
General and any response to such request.
(e) Implementation.--The Secretary shall implement a single fishery
cooperative approved under this section not later than 2 years after
receiving a request under subsection (a).
(f) Status Quo Fishery.--If the longline catcher processor
subsector does not submit a contract to the Secretary under subsection
(c) then the longline catcher processor subsector in the BSAI shall
operate as a limited access fishery for the following year subject to
the license limitation program in effect for the longline catcher
processor subsector on the date of enactment of this Act or any
subsequent modifications to the license limitation program recommended
by the Council and approved by the Secretary.
SEC. 3. HARVEST AND PROHIBITED SPECIES ALLOCATIONS TO A SINGLE FISHERY
COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR
IN THE BSAI.
A single fishery cooperative approved under section 2 may, on an
annual basis, collectively--
(1) harvest the total amount of BSAI Pacific cod total
allowable catch, less any amount allocated to the longline
catcher processor subsector non-cooperative limited access
fishery;
(2) utilize the total amount of BSAI Pacific cod prohibited
species catch allocation, less any amount allocated to a
longline catcher processor subsector non-cooperative limited
access fishery; and
(3) harvest any reallocation of Pacific cod to the longline
catcher processor subsector during a fishing year by the
Secretary.
SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERATIVE LIMITED
ACCESS FISHERY.
(a) In General.--An eligible member that elects not to participate
in a single fishery cooperative approved under section 2 shall operate
in a non-cooperative limited access fishery subject to the license
limitation program in effect for the longline catcher processor
subsector on the date of enactment of this Act or any subsequent
modifications to the license limitation program recommended by the
Council and approved by the Secretary.
(b) Harvest and Prohibited Species Allocations.--Eligible members
operating in a non-cooperative limited access fishery under this
section may collectively--
(1) harvest the percentage of BSAI Pacific cod total
allowable catch equal to the combined average percentage of the
BSAI Pacific cod harvest allocated to the longline catcher
processor sector and retained by the vessel or vessels
designated on the eligible members license limitation program
license or licenses for 2006, 2007, and 2008, according to the
catch accounting system data used to establish total catch; and
(2) utilize the percentage of BSAI Pacific cod prohibited
species catch allocation equal to the percentage calculated
under paragraph (1).
SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.
(a) In General.--Nothing in this Act shall supersede the authority
of the Council to recommend for approval by the Secretary such
conservation and management measures, in accordance with the Magnuson-
Stevens Act (16 U.S.C. 1801 et seq.) as it considers necessary to
ensure that this Act does not diminish the effectiveness of fishery
management in the BSAI or the Gulf of Alaska Pacific cod fishery.
(b) Limitations.--
(1) Notwithstanding the authority provided to the Council
under this section, the Council is prohibited from altering or
otherwise modifying--
(A) the methodology established under section 3 for
allocating the BSAI Pacific cod total allowable catch
and BSAI Pacific cod prohibited species catch
allocation to a single fishery cooperative approved
under this Act; or
(B) the methodology established under section 4 of
this Act for allocating the BSAI Pacific cod total
allowable catch and BSAI Pacific cod prohibited species
catch allocation to the non-cooperative limited access
fishery.
(2) No sooner than 7 years after approval of a single
fisheries cooperative under section 2 of this Act, the Council
may modify the harvest limitation established under section
2(b) if such modification does not negatively impact any
eligible member of the longline catcher processor subsector.
(c) Protections for the Gulf of Alaska Pacific Cod Fishery.--The
Council may recommend for approval by the Secretary such harvest
limitations of Pacific cod by the longline catcher processor subsector
in the Western Gulf of Alaska and the Central Gulf of Alaska as may be
necessary to protect coastal communities and other Gulf of Alaska
participants from potential competitive advantages provided to the
longline catcher processor subsector by this Act.
SEC. 6. RELATIONSHIP TO THE MAGNUSON-STEVENS ACT.
(a) In General.--Consistent with section 301(a) of the Magnuson-
Stevens Act (16 U.S.C. 1851(a)), a single fishery cooperative approved
under section 2 of this Act is intended to enhance conservation and
sustainable fishery management, reduce and minimize bycatch, promote
social and economic benefits, and improve the vessel safety of the
longline catcher processor subsector in the BSAI.
(b) Transition Rule.--A single fishery cooperative approved under
section 2 of this Act is deemed to meet the requirements of section
303A(i) of the Magnuson-Stevens Act (16 U.S.C. 1853a(i)) as if it had
been approved by the Secretary within 6 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, unless the Secretary makes a
determination, within 30 days after the date of enactment of this Act,
that application of section 303A(i) of the Magnuson-Stevens Act to the
cooperative approved under section 2 of this Act would be inconsistent
with the purposes for which section 303A was added to the Magnuson-
Stevens Act.
(c) Cost Recovery.--Consistent with section 304(d)(2) of the
Magnuson-Stevens Act (16 U.S.C. 1854(d)(2)), the Secretary is
authorized to recover reasonable costs to administer a single fishery
cooperative approved under section 2 of this Act.
SEC. 7. COMMUNITY DEVELOPMENT QUOTA PROGRAM.
Nothing in this Act shall affect the western Alaska community
development program established by section 305(i) of the Magnuson-
Stevens Act (16 U.S.C. 1855(i)), including the allocation of fishery
resources in the directed Pacific cod fishery.
SEC. 8. DEFINITIONS.
In this Act:
(1) BSAI.--The term ``BSAI'' has the meaning given that
term in section 219(a)(2) of the Department of Commerce and
Related Agencies Appropriations Act, 2005 (Public Law 108-447;
118 Stat. 2886).
(2) BSAI pacific cod total allowable catch.--The term
``BSAI Pacific cod total allowable catch'' means the Pacific
cod total allowable catch for the directed longline catcher
processor subsector in the BSAI as established on an annual
basis by the Council and approved by the Secretary.
(3) BSAI pacific cod prohibited species catch allocation.--
The term ``BSAI Pacific cod prohibited species catch
allocation'' means the prohibited species catch allocation for
the directed longline catcher processor subsector in the BSAI
as established on an annual basis by the Council and approved
by the Secretary.
(4) Council.--The term ``Council'' means the North Pacific
Fishery Management Council established under section
302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(G)).
(5) Eligible member.--The term ``eligible member'' means a
holder of a license limitation program license, or licenses,
eligible to participate in the longline catcher processor
subsector.
(6) Gulf of alaska.--The term ``Gulf of Alaska'' means that
portion of the Exclusive Economic Zone contained in Statistical
Areas 610, 620, and 630.
(7) Longline catcher processor subsector.--The term
``longline catcher processor subsector'' has the meaning given
that term in section 219(a)(6) of the Department of Commerce
and Related Agencies Appropriations Act, 2005 (Public Law 108-
447; 118 Stat. 2886).
(8) Magnuson-stevens act.--The term ``Magnuson-Stevens
Act'' means the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Longline Catcher Processor Subsector Single Fishery Cooperative Act - Authorizes the Secretary of Commerce, upon the request of eligible members of the longline catcher processor subsector holding at least 80 percent of the licenses issued for that subsector, to approve a single fishery cooperative for the longline catcher processor subsector in the Bering Sea and Aleutian Islands Management Area (BSAI).
Requires an approved cooperative to include a limitation prohibiting any eligible member from harvesting a total of more than 20% of the Pacific cod available to be harvested in the longline catcher processor subsector, the violation of which is subject to the penalties under section the Magnuson-Stevens Act. Excepts from such limitation harvest amounts from quota assigned explicitly to a western Alaska community development quota group.
Provides procedures for the submission of a contract by the longline catcher processor subsector to implement the single fishery cooperative and Department of Justice review.
Sets forth BSAI Pacific cod harvest and prohibited species allocations for a single fishery cooperative approved under this Act and eligible members that operate in a non-cooperative limited access fishery.
Authorizes the North Pacific Fishery Management Council to recommend for approval by the Secretary harvest limitations of Pacific cod by the longline catcher processor subsector in the Western Gulf of Alaska and the Central Gulf of Alaska necessary to protect coastal communities and other Gulf of Alaska participants from potential competitive advantages provided by this Act to the longline catcher processor subsector. | To authorize a single fisheries cooperative for the Bering Sea Aleutian Islands longline catcher processor subsector, and for other purposes. |
SECTION 1. TEACHER RECRUITMENT.
Subpart 1 of part A of title IV of the Higher Education Act of 1965
is amended--
(1) in chapter 3, by redesignating section 407E (20 U.S.C.
1070a-35) as section 406E; and
(2) by inserting after such chapter 3 the following new
chapter:
``CHAPTER 4--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT
``SEC. 407A. SHORT TITLE; FINDINGS.
``(a) Short Title.--This chapter may be cited as the `Recruit and
Reward Future Math and Science Teachers of America Act of 2001'.
``(b) Findings.--Congress finds the following:
``(1) United States high school students rate 16th and
19th, respectively, in science and math out of 21 countries.
``(2) Of United States high school students who take math
courses, 22 percent are taught by teachers who did not prepare
in that field.
``(3) Of United States high school students who take
biology courses, 24 percent are taught by teachers who did not
prepare in that field.
``(4) Of United States high school students who take
chemistry courses, 30 percent are taught by teachers who did
not prepare in that field.
``(5) Of United States high school students who take
physics courses, 56 percent are taught by teachers who did not
prepare in that field.
``(6) Teachers' knowledge and skills powerfully influence
student learning.
``(7) More than 2,000,000 teachers will need to be hired
over the next decade.
``(8) The ability of the United States to place highly
qualified math and science teachers specializing in their field
of instruction will depend on proactive policies that increase
funding for teacher training, recruitment, and induction.
``SEC. 407B. PURPOSE; APPROPRIATIONS AUTHORIZED.
``(a) Purpose.--It is the purpose of this chapter to make grants
available, through a pilot program, to eligible institutions described
in section 407C, to enable such institutions to provide 500 scholarship
awards to outstanding students enrolled in an accredited teacher
training graduate program who are committed to pursuing careers
teaching math and science at an urban or rural secondary level
classroom.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this chapter $5,000,000 in each of the fiscal
years 2002, 2003, and 2004.
``SEC. 407C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA.
``(a) Scholarship Designation.--Funds made available under this
chapter shall be designated as the `National Math and Science Teacher
Scholarships'.
``(b) Selection Criteria.--The Secretary of Education may award
funds for National Math and Science Teacher Scholarships on a
competitive basis to qualifying institutions of higher education that
have graduate programs in teacher training. The Secretary may not
provide any individual institution of higher education with more than
$100,000 per academic year for the purpose of the National Math and
Science Teacher Scholarships. An institution applying for such
scholarships may only be eligible to receive funds if such institution
is ranked by the Secretary in the top 25 percent of schools in the
State in which the institution is located with the highest percentage
of graduates passing the State teacher qualification assessment for new
teachers. Notwithstanding the preceding sentence, if there are fewer
than 4 such institutions in a State, only the institution with the
highest percentage of such graduates shall be eligible to receive
funding.
``(c) Priorities.--The Secretary shall give priority to eligible
institutions that meet 1 or more of the following criteria:
``(1) Provide a year long internship program in a
professional development school.
``(2) Provide mentoring programs for novice teachers in
their first 3 years.
``(3) Demonstrate a history of placing graduates in rural
and urban schools.
``(4) Demonstrate that there is a high retention rate of
teachers that the institution places in teaching positions.
``SEC. 407D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY.
``An individual may be eligible for a National Math and Science
Teacher Scholarship only if such individual--
``(1) is a citizen or national of the United States or an
alien lawfully admitted to the United States for permanent
residence;
``(2) is majoring in a physical or life science or
mathematics graduate teacher training program;
``(3) is enrolled in a higher education institution that--
``(A) is ranked by the Secretary in the top 25
percent of schools in the State in which the
institution is located with the highest percentage of
graduates passing the State teacher qualification
assessment for new teachers; or
``(B) if there are fewer than 4 such institutions
in a State, is the institution with the highest
percentage of such graduates; and
``(4) is willing to teach math or science in a rural or
urban public secondary school for no less than 3 full academic
years.
``SEC. 407E. SCHOLARSHIP AMOUNT.
``(a) Amount of Award.--
``(1) In general.--The amount of a scholarship awarded by
participating teacher training graduate programs under this
chapter for any academic year shall be $10,000 per student,
except that in no case shall the total amount of the
scholarship exceed the total cost of attendance.
``(2) Insufficient funds.--In any fiscal year in which the
amount appropriated to carry out this chapter is insufficient
to award 500 scholarships, the Secretary shall reduce the
number of awards to eligible institutions.
``(b) Assistance Not To Exceed Cost of Attendance.--No individual
shall receive an award under this chapter in any academic year which
exceeds the cost of attendance. A scholarship awarded under this
chapter shall not be reduced on the basis of the student's receipt of
other forms of Federal student financial assistance.
``SEC. 407F. AGREEMENT; SCHOLARSHIP REPAYMENT PROVISIONS.
``(a) Agreement.--Recipients of the National Math and Science
Teachers Scholarships shall agree to teach in an urban or rural public
secondary school for no less than 3 full academic years.
``(b) Repayment for Failure To Fulfill Agreement.--Any recipients
of a Scholarship found by the Secretary to be in noncompliance with the
agreement entered into under subsection (a) of this section shall be
required to repay a pro rata amount of the scholarship awards received,
plus interest and, where applicable, reasonable collection fees, on a
schedule and at a rate of interest prescribed by the Secretary by
regulations.
``SEC. 407G. EXCEPTIONS TO REPAYMENT PROVISIONS.
``An individual recipient of a Scholarship under this chapter shall
not be considered in violation of the agreement entered into pursuant
to section 407F during any period in which the recipient--
``(1) is pursuing a full-time course of study in math and
science at an accredited institution;
``(2) is serving, not in excess of 3 years, as a member of
the armed services of the United States;
``(3) is temporarily disabled for a period of time not to
exceed 3 years as established by sworn affidavit of a qualified
physician;
``(4) is seeking and unable to find full-time employment
for a single period not to exceed 12 months;
``(5) is seeking and unable to find full-time employment as
a math and science teacher in a public or private nonprofit
elementary or secondary school or education program for a
single period not to exceed 27 months;
``(6) satisfies the provision of additional repayment
exceptions that may be prescribed by the Secretary in
regulations issued pursuant to this section; or
``(7) is permanently totally disabled, as established by
sworn affidavit of a qualified physician.
``SEC. 407H. REPORT TO CONGRESS.
``Three years after the date on which funds are first made
available to carry out this chapter, the Secretary of Education shall
submit a report to Congress evaluating the success of the National Math
and Science Teacher Scholarships pilot program in recruiting math and
science teachers to teach in America's public secondary schools.''. | Recruit and Reward Future Math and Science Teachers of America Act of 2001 - Amends the Higher Education Act of 1965 to establish the National Math and Science Teacher Scholarships pilot program to recruit and train future secondary school mathematics and science teachers.Authorizes the Secretary of Education to award competitive grants to higher education institutions with graduate programs in teacher training to make such scholarships to outstanding students enrolled in such programs who are committed to pursuing careers in secondary school mathematics and science teaching.Makes institutions eligible only if they are ranked by the Secretary in the top 25 percent of schools in their States with the highest percentage of graduates passing the State teacher qualification assessment for new teachers. Gives priority to institutions with one or more of the following: (1) a year-long internship program in a professional development school; (2) mentoring programs for novice teachers in their first three years; (3) a history of placing graduates in rural and urban schools; and (4) a high retention rate of teachers that the institution places in teaching positions.Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation, with specified exceptions. | To ensure excellent recruitment and training of math and science teachers at institutions of higher education. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fannie Mae and Freddie Mac
Investigative Commission Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Commission'' means the Fannie Mae and
Freddie Mac Investigative Commission established under section
3.
(2) The term ``Fannie Mae'' means the Federal National
Mortgage Corporation.
(3) The term ``Freddie Mac'' means the Federal Home Loan
Mortgage Corporation.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Fannie Mae
and Freddie Mac Investigative Commission''.
SEC. 4. DUTY OF THE COMMISSION.
(a) In General.--The Commission shall investigate, determine, and
make recommendations to Congress with respect to the policies,
practices, and board decisions of Fannie Mae and Freddie Mac subsequent
to the actions of the Resolution Trust Corporation during the late
1980s and from the 1990s through the present that led to the
enterprises' financial instability and the subsequent Federal
conservatorship of such enterprises.
(b) Specific Topics.--In carrying out its duty under subsection
(a), the Commission shall address and analyze, by year, beginning in
1990 and through the present, the following:
(1) The appropriate role of Fannie Mae and Freddie Mac in
expanding homeownership and the appropriate role in helping the
housing market recover nationwide.
(2) Fannie Mae and Freddie Mac's involvement, if any, in
the development of faulty risk standards and accounting
practices and the creation and proliferation of the securitized
mortgage instrument, and how such instrument affected the
solvency of such enterprises.
(3) The role of the boards of directors of Fannie Mae and
Freddie Mac in developing and voting for the investment,
accounting, and contracting policies of such enterprises,
particularly as they relate to risk assessments, subprime
mortgages, and the international securitization of mortgages.
(4) Any board members, working committees, or executive
officers responsible for making the decisions to adapt or
change risk assessments or grow Fannie Mae and Freddie Mac's
portfolios of subprime mortgage loans, a summary of actual
board votes on the same, and the process that led to such
decisions.
(5) The decisions of the boards or executive officers of
Fannie Mae and Freddie Mac that contributed or may have
contributed to the overvaluation of risky mortgage investments
in the stock market and, later, to the growth of the subprime
mortgage industry.
(6) The annual compensation, including all forms of
compensation, stock options, and other financial benefits
accrued to each of Fannie Mae and Freddie Mac's executive
officers and members of the boards of directors.
(7) Such other matters that the Congress may place before
the Commission.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--
(1) In general.--The Commission shall be composed of 8
members, appointed as follows:
(A) Two members appointed by the Speaker of the
House of Representatives.
(B) Two members appointed by the minority leader of
the House of Representatives.
(C) Two members appointed by the majority leader of
the Senate.
(D) Two members appointed by the minority leader of
the Senate.
(2) Qualifications.--Members of the Commission shall be
individuals who are of recognized standing and distinction in
the areas of banking, securities and finance regulation,
consumer advocacy and fair housing programs, and the mortgage
industry.
(3) Conflict of interest.--Members of the Commission shall
not have a conflict of interest that is relevant to any matter
the Commission is required to investigate under section 4.
(4) Deadline for appointment.--Members of the Commission
shall be appointed not later than 90 days after the date of
enactment of this Act.
(5) Chairperson.--The Chairperson of the Commission shall
be designated by the Speaker of the House of Representatives at
the time of appointment.
(b) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy on the Commission shall--
(A) not affect the power of the remaining members
to execute the duty of the Commission; and
(B) be filled in the manner in which the original
appointment was made.
(c) Compensation.--
(1) Rates of pay; travel expenses.--Each member shall serve
without pay, except that each member 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.
(2) Prohibition of compensation of federal employees.--
Notwithstanding paragraph (1), any member of the Commission who
is a full-time officer or employee of the United States may not
receive additional pay, allowances, or benefits because of
service on the Commission.
(d) Meeting Requirements.--
(1) Frequency.--
(A) Quarterly meetings.--The Commission shall meet
at least quarterly.
(B) Additional meetings.--In addition to quarterly
meetings, the Commission shall meet at the call of the
Chairperson or a majority of its members.
(2) Quorum.--Five members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(3) Meeting by telephone or other appropriate technology.--
Members of the Commission are permitted to meet using
telephones or other suitable telecommunications technologies
provided that all members of the Commission can fully
communicate with all other members simultaneously.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--
(1) Appointment.--The Commission shall have a Director who
shall be appointed by the Chairperson with the approval of the
Commission.
(2) Credentials.--The Director shall have experience in the
areas of banking, securities and finance regulation, consumer
advocacy and fair housing programs, and the mortgage industry.
(3) Salary.--The Director shall be paid at a rate
determined by the Chairperson with the approval of the
Commission, except that such rate may not exceed the rate of
basic pay for GS-15 of the General Schedule.
(b) Staff.--With the approval of the Chairperson, the Director may
appoint and fix the pay of additional qualified personnel as the
Director considers appropriate.
(c) Experts and Consultants.--With the approval of the Commission,
the Director may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the maximum annual
rate of basic pay for GS-15 of the General Schedule.
(d) Staff of Federal Agencies.--Upon request of the Commission,
Chairperson, or Director, the head of any Federal department or agency
may detail, on a nonreimbursable basis, any of the personnel of that
department or agency to the Commission to assist the Commission in
carrying out its duty under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purposes of
carrying out this Act, hold hearings, sit and act at such times and
such places, take testimony, and receive evidence as the Commission
considers appropriate.
(b) Subpoena Power.--
(1) In general.--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.
(2) Issuance and signature.--Subpoenas issued under
paragraph (1) shall bear the signature of the Chairperson of
the Commission and shall be served by any person or class of
persons designated by the Chairperson for that purpose.
(3) Enforcement.--If a person refuses to obey a subpoena
issued under paragraph (1), the Commission may apply to a
United States district court for an order requiring that person
to appear before the Commission to give testimony, produce
evidence, or both, relating to the matter under investigation.
The application may be made within the judicial district where
the hearing is conducted or where that person is found,
resides, or transacts business. Any failure to obey the order
of the court may be punished by the court as civil contempt.
(c) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take under this Act.
(d) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out its duty under this Act. Upon
request of the Chairperson, the head of that department or agency shall
furnish that information to the Commission.
(e) Physical Facilities and Equipment.--The Architect of the
Capitol, in consultation with the appropriate entities in the
legislative branch, shall locate and provide suitable facilities and
equipment for the operation of the Commission on a nonreimbursable
basis.
(f) Administrative Support Services.--Upon request of the
Commission, the Architect of the Capitol and the Administrator of the
General Services shall provide to the Commission on a nonreimbursable
basis such administrative support services as the Commission may
request in order for the Commission to carry out its duty under this
Act.
(g) Bylaws, Rules, and Regulations.--The Commission may adopt,
amend, and repeal bylaws, rules, and regulations governing the conduct
of its business and the performance of its duties.
(h) Commission Records.--The Commission shall keep accurate and
complete records of its doings and transactions which shall be made
available for public inspection, and for the purpose of audit and
examination by the Comptroller General or his designee.
SEC. 8. INFORMATION FROM FREDDIE MAC, FANNIE MAE, AND THE FHFA.
(a) Enterprises.--Fannie Mae and Freddie Mac shall provide full and
prompt access to the Commission to any books, records, and other
information requested for the purposes of carrying out its duty under
this Act.
(b) FHFA.--Upon request of the Commission, the Director of the
Federal Housing Finance Agency shall provide access to any information
necessary to assist the Commission in carrying out its duty under this
Act.
SEC. 9. REPORT.
Not later than 12 months after the date on which all initial
members are appointed, the Commission shall submit to Congress a final
report containing a detailed statement of the findings, conclusions,
and recommendations of the Commission.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as may be necessary for fiscal year 2011 to carry out this Act.
SEC. 11. TERMINATION.
The Commission shall terminate following the submission and
presentation of its final report and recommendations under section 9,
but not later than 30 days after such submission and presentation. | Fannie Mae and Freddie Mac Investigative Commission Act - Establishes the Fannie Mae and Freddie Mac Investigative Commission to investigate and make recommendations to Congress regarding certain decisions of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (enterprises) that led to financial instability and federal conservatorship.
Requires the Commission to analyze specified topics, including: (1) the role of the enterprises in expanding homeownership and in helping housing market recovery; (2) enterprise involvement in the development of faulty risk standards, accounting practices, and the creation and proliferation of the securitized mortgage instrument, and how such instrument affected the solvency of such enterprises; (3) the role of the respective boards of directors in voting for the policies relating to risk assessments, subprime mortgages, and the international securitization of mortgages; and (4) compensation, stock options, and financial benefits that accrued to executive officers and members of the boards of directors.
Requires the enterprises and the Director of the Federal Housing Finance Agency to grant the Commission access to requested records and information. | To establish the Fannie Mae and Freddie Mac Investigative Commission to investigate the policies and practices engaged in by officers and directors at Fannie Mae and Freddie Mac responsible for making the decisions that led to the enterprises' financial instability and the subsequent Federal conservatorship of such enterprises. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Benefits in Federal
Contracting Act of 1998''.
SEC. 2. HEALTH BENEFITS STANDARDS.
(a) Requirement.--
(1) General rule.--Except as provided in paragraph (2), any
employer under a Federal contract for an amount exceeding
$10,000 or a subcontract under a Federal contract for such an
amount shall, except as provided in subsection (b), provide
each of the employer's employees working on or hired in
conjunction with such contract or subcontract health benefits
that meet the requirements of this section.
(2) Exceptions.--
(A) Employers.--Paragraph (1) shall not apply to an
employer which is--
(i) a small business concern as defined
under section 3 of the Small Business Act (15
U.S.C. 632), or
(ii) a nonprofit organization exempt from
Federal income tax under section 501(c) of the
Internal Revenue Code of 1986 if the ratio of
the total compensation of its chief executive
officer to the compensation of the full-time
equivalent of its lowest paid employee is not
greater than 25 to 1.
(B) Employees.--The requirement of paragraph (1)
shall not apply to an employee who--
(i) is employed for less than 17-\1/2\
hours per week (on average) for the employer;
(ii) has health benefits coverage through
other employment or through employment of the
employee's spouse or parents; or
(iii) is participating in an apprenticeship
program, or any other training program which
does not exceed 6 months in duration and which
is offered to an employee while employed in
productive work that provides training,
technical and other related skills, and
personal skills that are essential to the full
and adequate performance of the employee's
employment.
(3) Scope.--An employer may not avoid the requirement of
paragraph (1)--
(A) by laying off or otherwise terminating the
employment of an employee with the intention of
replacing such employee with an employee who, under
subsection (b), is not eligible for the health care
benefits required by paragraph (1); or
(B) by reducing the number of hours of employment
of an employee with the intention of making the
employee ineligible for such benefits.
(4) Contract requirement.--Any contract between the Federal
Government and any contractor and any contract between such
contractor with a subcontractor to carry out work for the
Federal Government shall require the contractor or
subcontractor to provide the health benefits required by
paragraph (1).
(b) Required Health Benefits.--The health benefits required under
subsection (a) shall meet the following requirements:
(1) Scope of benefits.--The scope of benefits shall be at
least actuarially equivalent to the benefits under the health
benefits plan offered under chapter 89 of title 5, United
States Code, with the largest national enrollment.
(2) Employer contribution.--The employer contribution
towards such coverage--
(A) that only includes coverage for the employee,
shall be not less than the percentage contribution made
by the Federal Government under such chapter for
coverage described in paragraph (1) for non-family
coverage; and
(B) that includes coverage for family members,
shall be equal to the contribution described in
subparagraph (A) plus at least 50 percent of the
additional cost to obtain family coverage.
(c) Enforcement.--
(1) Termination.--If an employer does not provide the
health benefits required by subsection (a) the Federal contract
or subcontract under which such employer was employing
employees shall be terminated.
(2) Ineligibility.--An employer described in paragraph (1)
shall not be eligible for any Federal contract or subcontract
for a period of 5 years beginning on the date the employer does
not provide the required health benefits.
(3) Restitution.--An employer who does not provide the
health benefits required by subsection (a) shall be liable to
the United States in an amount equal to the unpaid benefits and
in addition an equal amount as liquidated damages. The
Secretary of Labor shall pay to the employees who were not
provided such benefits the amount recovered by the United
States under this paragraph.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect with respect to Federal contracts
entered into, renewed, or extended after 90 days after the date of
enactment of this Act. | Health Benefits in Federal Contracting Act of 1998 - Requires any employer under a Federal contract or subcontract for an amount exceeding $10,000, to provide to each of his or her employees under such contract or subcontract health benefits similar (as specified) to those provided to Federal employees. Provides exemptions with respect to: (1) employers that are small business concerns or nonprofit, tax-exempt organizations; and (2) employees who are employed for less than 17.5 hours per week, who otherwise have health benefits coverage, or who are participating in a training program of not to exceed 6 months. Requires the contract or subcontract to specify such requirement.
Prohibits an employer from avoiding the requirement by: (1) replacing an employee with one who is not eligible for health care benefits; or (2) reducing an employee's hours.
Terminates the Federal contract or subcontract of an employer who does not provide the health benefits required. Makes such employer: (1) ineligible for any Federal contract or subcontract for five years; and (2) liable to the United States in an amount equal to the unpaid benefits and an equal amount as liquidated damages. Requires the Secretary of Labor to pay to employees who were not provided such benefits the amount recovered by the United States. | Health Benefits in Federal Contracting Act of 1998 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preserve America
and Save America's Treasures Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PRESERVE AMERICA PROGRAM
Sec. 101. Purpose.
Sec. 102. Definitions.
Sec. 103. Establishment.
Sec. 104. Designation of Preserve America Communities.
Sec. 105. Regulations.
Sec. 106. Authorization of appropriations.
TITLE II--SAVE AMERICA'S TREASURES PROGRAM
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Establishment.
Sec. 204. Regulations.
Sec. 205. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Prohibition on funding certain activities.
TITLE I--PRESERVE AMERICA PROGRAM
SEC. 101. PURPOSE.
The purpose of this title is to authorize the Preserve America
Program, including--
(1) the Preserve America grant program within the
Department of the Interior;
(2) the recognition programs administered by the Advisory
Council on Historic Preservation; and
(3) the related efforts of Federal agencies, working in
partnership with State, tribal, and local governments and the
private sector, to support and promote the preservation of
historic resources.
SEC. 102. DEFINITIONS.
In this title:
(1) Council.--The term ``Council'' means the Advisory
Council on Historic Preservation.
(2) Heritage tourism.--The term ``heritage tourism'' means
the conduct of activities to attract and accommodate visitors
to a site or area based on the unique or special aspects of the
history, landscape (including trail systems), and culture of
the site or area.
(3) Program.--The term ``program'' means the Preserve
America Program established under section 103(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 103. ESTABLISHMENT.
(a) In General.--There is established in the Department of the
Interior the Preserve America Program, under which the Secretary, in
partnership with the Council, may provide competitive grants to States,
local governments (including local governments in the process of
applying for designation as Preserve America Communities under section
104), Indian tribes, communities designated as Preserve America
Communities under section 104, State historic preservation offices, and
tribal historic preservation offices to support preservation efforts
through heritage tourism, education, and historic preservation planning
activities.
(b) Eligible Projects.--
(1) In general.--The following projects shall be eligible
for a grant under this title:
(A) A project for the conduct of--
(i) research on, and documentation of, the
history of a community; and
(ii) surveys of the historic resources of a
community.
(B) An education and interpretation project that
conveys the history of a community or site.
(C) A planning project (other than building
rehabilitation) that advances economic development
using heritage tourism and historic preservation.
(D) A training project that provides opportunities
for professional development in areas that would aid a
community in using and promoting its historic
resources.
(E) A project to support heritage tourism in a
Preserve America Community designated under section
104.
(F) Other nonconstruction projects that identify or
promote historic properties or provide for the
education of the public about historic properties that
are consistent with the purposes of this Act.
(2) Limitation.--In providing grants under this title, the
Secretary shall only provide 1 grant to each eligible project
selected for a grant.
(c) Preference.--In providing grants under this title, the
Secretary may give preference to projects that carry out the purposes
of both the program and the Save America's Treasures Program.
(d) Consultation and Notification.--
(1) Consultation.--The Secretary shall consult with the
Council in preparing the list of projects to be provided grants
for a fiscal year under the program.
(2) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year under
the program, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a list of any
eligible projects that are to be provided grants under the
program for the fiscal year.
(e) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this title shall
be not less than 50 percent of the total cost of the project.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) shall be in the form of--
(A) cash; or
(B) donated supplies and related services, the
value of which shall be determined by the Secretary.
(3) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity to secure, and a
feasible plan for securing, the non-Federal share for an
eligible project required under paragraph (1) before a grant is
provided to the eligible project under the program.
SEC. 104. DESIGNATION OF PRESERVE AMERICA COMMUNITIES.
(a) Application.--To be considered for designation as a Preserve
America Community, a community, tribal area, or neighborhood shall
submit to the Council an application containing such information as the
Council may require.
(b) Criteria.--To be designated as a Preserve America Community
under the program, a community, tribal area, or neighborhood that
submits an application under subsection (a) shall, as determined by the
Council, in consultation with the Secretary, meet criteria required by
the Council and, in addition, consider--
(1) protection and celebration of the heritage of the
community, tribal area, or neighborhood;
(2) use of the historic assets of the community, tribal
area, or neighborhood for economic development and community
revitalization; and
(3) encouragement of people to experience and appreciate
local historic resources through education and heritage tourism
programs.
(c) Local Governments Previously Certified for Historic
Preservation Activities.--The Council shall establish an expedited
process for Preserve America Community designation for local
governments previously certified for historic preservation activities
under section 101(c)(1) of the National Historic Preservation Act (16
U.S.C. 470a(c)(1)).
(d) Guidelines.--The Council, in consultation with the Secretary,
shall establish any guidelines that are necessary to carry out this
section.
SEC. 105. REGULATIONS.
The Secretary shall develop any guidelines and issue any
regulations that the Secretary determines to be necessary to carry out
this title.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$25,000,000 for each of fiscal years 2009, 2010, 2011, 2012 and 2013,
to remain available until expended.
TITLE II--SAVE AMERICA'S TREASURES PROGRAM
SEC. 201. PURPOSE.
The purpose of this title is to authorize within the Department of
the Interior the Save America's Treasures Program, to be carried out by
the Director of the National Park Service, in partnership with--
(1) the National Endowment for the Arts;
(2) the National Endowment for the Humanities;
(3) the Institute of Museum and Library Services;
(4) the National Trust for Historic Preservation;
(5) the National Conference of State Historic Preservation
Officers;
(6) the National Association of Tribal Historic
Preservation Officers; and
(7) the President's Committee on the Arts and the
Humanities.
SEC. 202. DEFINITIONS.
In this title:
(1) Collection.--The term ``collection'' means a collection
of intellectual and cultural artifacts, including documents,
sculpture, and works of art.
(2) Eligible entity.--The term ``eligible entity'' means a
Federal entity, State, local, or tribal government, educational
institution, or nonprofit organization.
(3) Historic property.--The term ``historic property'' has
the meaning given the term in section 301 of the National
Historic Preservation Act (16 U.S.C. 470w).
(4) Nationally significant.--The term ``nationally
significant'' means a collection or historic property that
meets the applicable criteria for national significance, in
accordance with regulations promulgated by the Secretary
pursuant to section 101(a)(2) of the National Historic
Preservation Act (16 U.S.C. 470a(a)(2)).
(5) Program.--The term ``program'' means the Save America's
Treasures Program established under section 203(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 203. ESTABLISHMENT.
(a) In General.--There is established in the Department of the
Interior the Save America's Treasures program, under which the amounts
made available to the Secretary under section 205 shall be used by the
Secretary, in consultation with the organizations described in section
201, subject to subsection (f)(1)(B), to provide grants to eligible
entities for projects to preserve nationally significant collections
and historic properties.
(b) Determination of Grants.--Of the amounts made available for
grants under section 205, not less than 50 percent shall be made
available for grants for projects to preserve collections and historic
properties, to be distributed through a competitive grant process
administered by the Secretary, subject to the eligibility criteria
established under subsection (e).
(c) Applications for Grants.--To be considered for a competitive
grant under the program an eligible entity shall submit to the
Secretary an application containing such information as the Secretary
may require.
(d) Collections and Historic Properties Eligible for Competitive
Grants.--
(1) In general.--A collection or historic property shall be
provided a competitive grant under the program only if the
Secretary determines that the collection or historic property
is--
(A) nationally significant; and
(B) threatened or endangered.
(2) Eligible collections.--A determination by the Secretary
regarding the national significance of collections under
paragraph (1)(A) shall be made in consultation with the
organizations described in section 201, as appropriate.
(3) Eligible historic properties.--To be eligible for a
competitive grant under the program, a historic property shall,
as of the date of the grant application--
(A) be listed in the National Register of Historic
Places at the national level of significance; or
(B) be designated as a National Historic Landmark.
(e) Selection Criteria for Grants.--
(1) In general.--The Secretary shall not provide a grant
under this title to a project for an eligible collection or
historic property unless the project--
(A) eliminates or substantially mitigates the
threat of destruction or deterioration of the eligible
collection or historic property;
(B) has a clear public benefit; and
(C) is able to be completed on schedule and within
the budget described in the grant application.
(2) Preference.--In providing grants under this title, the
Secretary may give preference to projects that carry out the
purposes of both the program and the Preserve America Program.
(3) Limitation.--In providing grants under this title, the
Secretary shall only provide 1 grant to each eligible project
selected for a grant.
(f) Consultation and Notification by Secretary.--
(1) Consultation.--
(A) In general.--Subject to subparagraph (B), the
Secretary shall consult with the organizations
described in section 201 in preparing the list of
projects to be provided grants for a fiscal year by the
Secretary under the program.
(B) Limitation.--If an entity described in
subparagraph (A) has submitted an application for a
grant under the program, the entity shall be recused by
the Secretary from the consultation requirements under
that subparagraph and subsection (a).
(2) Notification.--Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year under
the program, the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a list of any
eligible projects that are to be provided grants under the
program for the fiscal year.
(g) Cost-Sharing Requirement.--
(1) In general.--The non-Federal share of the cost of
carrying out a project provided a grant under this title shall
be not less than 50 percent of the total cost of the project.
(2) Form of non-federal share.--The non-Federal share
required under paragraph (1) shall be in the form of--
(A) cash; or
(B) donated supplies or related services, the value
of which shall be determined by the Secretary.
(3) Requirement.--The Secretary shall ensure that each
applicant for a grant has the capacity and a feasible plan for
securing the non-Federal share for an eligible project required
under paragraph (1) before a grant is provided to the eligible
project under the program.
SEC. 204. REGULATIONS.
The Secretary shall develop any guidelines and issue any
regulations that the Secretary determines to be necessary to carry out
this title.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$50,000,000 for each fiscal year, to remain available until expended.
TITLE III--GENERAL PROVISIONS
SEC. 301. PROHIBITION ON FUNDING CERTAIN ACTIVITIES.
None of the funds provided pursuant to this Act may be used to
study or establish a National Heritage Area or fund a National Heritage
Area management entity.
Passed the House of Representatives July 8, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Preserve America and Save America's Treasures Act - Title I: Preserve America's Program - (Sec. 103) Establishes the Preserve America Program, under which the Secretary of the Interior, in partnership with the Advisory Council on Historic Preservation, may provide competitive grants to specified entities to support preservation efforts through heritage tourism, education, and historic preservation planning activities.
Requires the Secretary to: (1) consult the Council in the preparation of the list of projects that are to be provided grants under the Program; and (2) submit to specified congressional committees a list of any eligible projects that are to be provided grants.
Requires the non-federal share for the cost of carrying out a project to be at least 50% of the project's total cost. Requires the non-federal share to be in the form of cash or donated supplies and related services. Instructs the Secretary to ensure that each applicant for a grant has the capacity to secure, and a feasible plan for securing, the non-federal share before a grant is provided.
(Sec. 104) Sets forth provisions regarding the designation of communities, tribal areas, and neighborhoods as Preserve America Communities.
Requires the Council to establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under the National Historic Preservation Act.
(Sec. 105) Requires the Secretary to develop any guidelines and issue any regulations that are necessary to carry out this title.
(Sec. 106) Authorizes appropriations.
Title II: Save America's Treasures Program - (Sec. 203) Establishes the Save America's Treasures Program, under which the Secretary, in consultation with the National Endowment for the Arts, the National Endowment for the Humanities, the Institute of Museum and Library Services, the National Trust for Historic Preservation, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, and the President's Committee on the Arts and the Humanities, shall provide grants to eligible entities for projects to preserve nationally significant collections (collections of intellectual and cultural artifacts, including documents, sculpture, and works of art) and historic properties. Provides for, of the amounts available for such grants, not less than 50% to be available for projects to preserve collections and historic properties, which shall be distributed through a competitive grant process.
Requires a collection or historic property to be provided a competitive grant only if such collection or property is: (1) nationally significant; and (2) threatened or endangered. Provides that, a determination regarding the national significance of collections shall be made in consultation with the entities specified above, as appropriate.
Requires historic properties, to be eligible for a grant, to be: (1) listed in the National Register of Historic Places at the national level of significance; or (2) designated as a National Historic Landmark.
Sets forth grant selection criteria.
Requires the Secretary to: (1) consult with the organizations specified above in the preparation of the list of projects to be provided grants under the Program, and that if such an organization has submitted an application for a grant under the Program, such entity shall be recused from consultation; and (2) submit to specified congressional committees a list of any eligible projects that are to be provided grants.
Requires the non-federal share for the cost of carrying out a project to be at least 50% of the project's total cost. Requires the non-federal share to be in the form of cash or donated supplies and related services. Instructs the Secretary to ensure that each applicant for a grant has the capacity to secure, and a feasible plan for securing, the non-federal share before a grant is provided.
(Sec. 204) Requires the Secretary to develop any guidelines and issue any regulations that are necessary to carry out this title.
(Sec. 205) Authorizes appropriations.
Title III: General Provisions - (Sec. 301) Bars the use of any of the funds provided pursuant to this Act to study or establish a National Heritage Area or fund a National Heritage Area management entity. | To authorize the Preserve America Program and Save America's Treasures Program, and for other purposes. |
SECTION 1. IMPROVED DISTRIBUTION OF CONSTRUCTION PAYMENTS.
Section 8007(a) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7707(a)) is amended--
(1) in paragraph (1), by striking ``40 percent'' and
inserting ``80 percent'';
(2) in subparagraphs (A) and (B) of paragraph (2), by
striking ``50 percent'' each place it appears and inserting
``40 percent'';
(3) in paragraph (2) by adding at the end the following new
subparagraphs:
``(C) The agency is eligible under section
8003(b)(2) or is receiving a basic support payment
under circumstances described in section
8003(b)(2)(B)(ii).
``(D) The agency is eligible under section
8003(a)(2)(C).''; and
(4) by striking paragraph (3) and inserting the following:
``(3) Amount of payments.--The amount of a payment to each
local educational agency described in this subsection for a
fiscal year shall be--
``(A) not less than the greater of the amount
appropriated as provided under paragraph (1) for such
fiscal year; divided by--
``(i) the number of children determined
under subparagraphs (B), (C), and (D)(i) of
section 8003(a)(1) who were in average daily
attendance for all local educational agencies
described in paragraph (2), including the
number of children attending a school facility
described in section 8008(a) if the Secretary
does not provide assistance for the school
facility under that section for the fiscal
year; multiplied by
``(ii) the number of children determined
for such agency;
``(B) not less than $25,000, except that this
subparagraph shall not apply if the amount available to
carry out paragraph (1) for such fiscal year is less
than $32,000,000; and
``(C) not more than $3,000,000.''.
SEC. 2. COMPETITIVE EMERGENCY AND MODERNIZATION GRANTS.
Section 8007(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7707(b)) is amended--
(1) in paragraph (1) by striking ``60 percent'' and
inserting ``20 percent'';
(2) in paragraph (3)(A) by inserting after ``an emergency
grant under paragraph (2)(A)'' the following: ``if the agency
is covered by paragraph (7), or''.
(3) in paragraph (3)(C)(i)(I) by striking ``the agency
meets at least one'' and all that follows, and inserting ``the
number of children determined under section 8003(a)(1)(C) for
the agency for the preceding school year constituted at least
40 percent of the total student enrollment in the schools of
the agency during the preceding school year.'';
(4) by striking paragraph (3)(D)(ii)(II) and inserting the
following:
``(II) The number of children
determined under section 8003(a)(1)(C)
for the school for the preceding school
year constituted at least 40 percent of
the total student enrollment in the
school during the preceding school
year.'';
(5) in paragraph (4)(C) by striking ``(B), (C), and (D)''
and inserting ``and (C)'';
(6) by redesignating paragraph (7) as paragraph (8); and
(7) by inserting after paragraph (6) the following:
``(7) Special rule.--Notwithstanding paragraph (3)(C)(i)(I)
and (3)(D)(ii)(II), a local educational agency is eligible to
receive a grant under this subsection not to exceed $3,000,000
in any one fiscal year if such agency--
``(A) was eligible to receive a payment under
section 8003 for the fiscal year prior to the year for
which the application is made; and
``(B) has had an overall increase in enrollment--
``(i) during the period between the end of
the school year preceding the fiscal year for
which the application is made and the beginning
of the school year immediately preceding that
school year;
``(ii) of which not less than 250, or not
less than 10 percent (whichever is lower), are
children described in--
``(I) subparagraphs (A), (B), (C),
or (D) of section 8003(a)(1); or
``(II) subparagraphs (F) or (G) of
section 8003(a)(1), but only to the
extent such children are civilian
dependents of employees of the
Department of Defense; and
``(iii) that is the direct result of one or
more of the following:
``(I) Base realignment and closure
or global rebasing, as determined by
the Secretary of Defense.
``(II) Force structure changes or
force relocations.
``(III) An action initiated by the
Secretary of Interior or other federal
agency.''. | Amends the Elementary and Secondary Education Act of 1965 to revise Impact Aid program requirements for distribution of school construction payments, and of school facility emergency and modernization grants, to local educational agencies (LEAs) impacted by military dependent children or by children residing on Indian lands.
Makes LEAs which were eligible for Impact Aid for the preceding fiscal year, and experience an overall increase in student enrollment, eligible for school facility emergency and modernization grants if at least 250 extra children are, or at least 10% of such increase is, the direct result of: (1) base realignment and closure or global rebasing; (2) force structure changes or relocations; or (3) an action initiated by the Secretary of the Interior or other federal agency. | To amend the Impact Aid program under the Elementary and Secondary Education Act of 1965 to improve the distribution of school construction payments to better meet the needs of military and Indian land school districts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Schools of the Future Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Digital learning technology holds the promise of
transforming rural education by removing barriers of distance
and increasing school capacity.
(2) While many large urban local educational agencies are
at the forefront of implementing new digital learning
innovations, it is often harder for smaller and more rural
local educational agencies to access these tools. Smaller local
educational agencies with less capacity may also find it more
difficult to provide the training needed to effectively
implement new digital learning technologies.
(3) Despite the potential of digital learning in rural
areas, these advancements risk passing rural areas by without
support for their implementation. Rather than having schools
and local educational agencies apply digital learning
innovations designed for urban environments to rural areas, it
is important that digital learning technologies be developed
and implemented in ways that reflect the unique needs of rural
areas.
(4) Digital learning is rapidly expanding, and new tools
for improving teaching and learning are being developed every
day. A growing demand for digital learning tools and products
has made rigorous evaluation of their effectiveness
increasingly important, as this information would allow school
and local educational agency leaders to make informed choices
about how best to use these tools to improve student
achievement and educational outcomes.
SEC. 3. PROGRAM AUTHORIZED.
(a) Grants to Eligible Partnerships.--From the amounts appropriated
to carry out this Act, the Secretary of Education is authorized to
award grants, on a competitive basis, to eligible partnerships to carry
out the activities described in section 6.
(b) Duration of Grant.--A grant under subsection (a) shall be
awarded for not less than a 3-year and not longer than a 5-year period.
(c) Fiscal Agent.--If an eligible partnership receives a grant
under this Act, a school partner in the partnership shall serve as the
fiscal agent for the partnership.
SEC. 4. APPLICATION.
An eligible partnership 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, which
shall include the following:
(1) A description of the eligible partnership, including
the name of each of the partners and their respective roles and
responsibilities.
(2) A description of the technology-based learning
practice, tool, strategy, or course that the eligible
partnership proposes to develop or implement using the grant
funds.
(3) Information relevant to the selection criteria under
section 5(c).
(4) A description of the evaluation to be undertaken by the
eligible partnership, including--
(A) how the school partner and the evaluation
partner will work together to implement the practice,
tool, strategy, or course in such a way that permits
the use of a rigorous evaluation design that meets the
standards of the What Works Clearinghouse of the
Institute of Education Sciences; and
(B) a description of the evaluation design that
meets such standards, which will be used to measure any
significant effects on the outcomes described in
paragraphs (1) through (3) of section 7(a).
(5) An estimate of the number of students to be reached
through the grant and evidence of its capacity to reach the
proposed number of students during the course of the grant.
(6) An assurance that the school partner in the eligible
partnership will ensure that each school to be served by the
grant under this Act is designated with a school locale code of
Fringe Rural, Distant Rural, or Remote Rural, as determined by
the Secretary.
(7) Any other information the Secretary may require.
SEC. 5. APPLICATION REVIEW AND AWARD BASIS.
(a) Peer Review.--The Secretary shall use a peer review process to
review applications for grants under this Act. The Secretary shall
appoint individuals to the peer review process who have relevant
expertise in digital learning, research and evaluation, and rural
education.
(b) Award Basis.--In awarding grants under this Act, the Secretary
shall ensure, to the extent practicable diversity in the type of
activities funded under the grants.
(c) Selection Criteria.--In evaluating an eligible partnership's
application for a grant under this Act, the Secretary shall consider--
(1) the need for the proposed technology-based learning
practice, tool, strategy, or course;
(2) the quality of the design of the proposed practice,
tool, strategy, or course;
(3) the strength of the existing research evidence with
respect to such practice, tool, strategy, or course;
(4) the experience of the eligible partnership; and
(5) the quality of the evaluation proposed by the eligible
partnership.
SEC. 6. USE OF FUNDS.
(a) Required Use of Funds.--
(1) In general.--An eligible partnership receiving a grant
under this Act shall use such funds to implement and evaluate
the results of technology-based learning practices, strategies,
tools, or courses, including the practices, strategies, tools,
or courses identified under paragraphs (2) through (6).
(2) Tools and courses designed to personalize the learning
experience.--Technology-based tools and courses identified
under this paragraph include the following types of tools and
courses designed to personalize the learning experience:
(A) Technology-based personalized instructional
systems.
(B) Adaptive software, games, or tools, that can be
used to personalize learning.
(C) Computer-based tutoring courses to help
struggling students.
(D) Games, digital tools, and smartphone or tablet
applications to improve students' engagement, focus,
and time on task.
(E) Other tools and courses designed to personalize
the learning experience.
(3) Practices and strategies designed to aid and inform
instruction.--Technology-based practices and strategies
identified under this paragraph include the following types of
practices and strategies designed to aid and inform
instruction:
(A) Adaptive software, games, or tools that can be
used for the purpose of formative assessment.
(B) Web resources that provide teachers and their
students access to instructional and curricular
materials that are--
(i) aligned with high-quality standards;
and
(ii) designed to prepare students for
college and a career, such as a repository of
primary historical sources for use in history
and civics courses or examples of
developmentally appropriate science
experiments.
(C) Online professional development opportunities,
teacher mentoring opportunities, and professional
learning communities.
(D) Tools or web resources designed to addresses
specific instructional problems.
(E) Other practices and strategies designed to
personalize the learning experience.
(4) Tools, courses, and strategies designed to improve the
achievement of students with specific educational needs.--
Technology-based tools, courses, and strategies identified
under this paragraph include the following types of tools,
courses, and strategies designed to meet the needs of students
with specific educational needs:
(A) Digital tools specifically designed to meet the
needs of students with a particular disability.
(B) Online courses that give students who are not
on track to graduate or have already dropped out of
school the opportunity for accelerated credit recovery.
(C) Language instruction courses, games, or
software designed to meet the needs of English language
learners.
(D) Other tools, courses, and strategies designed
to personalize the learning experience.
(5) Tools, courses, and strategies designed to help
students develop 21st century skills.--Technology-based tools,
courses, and strategies identified under this paragraph include
peer-to-peer virtual learning opportunities to be used for the
purposes of project-based learning, deeper learning, and
collaborative learning, and other tools, courses, and
strategies designed to help students develop 21st century
skills, such as the ability to think critically and solve
problems, be effective communicators, collaborate with others,
and learn to create and innovate.
(6) Technology-based or online courses that allow students
to take courses that they would not otherwise have access to.--
Technology-based or online courses identified under this
paragraph include courses or collections of courses that
provide students access to courses that they would not
otherwise have access to, such as the following:
(A) An online repository of elective courses.
(B) Online or software-based courses in foreign
languages, especially in languages identified as
critical or in schools where a teacher is not available
to teach the language or course level a student
requires.
(C) Online advanced or college-level courses that
can be taken for credit.
(b) Authorized Use of Funds.--An eligible partnership receiving a
grant under this Act may use grant funds to--
(1) develop the technology for technology-based learning
strategies, practices, courses, or tools to be carried out
under the grant;
(2) purchase hardware or software needed to carry out such
strategies, practices, courses, or tools under the grant,
except that such purchases may not exceed 50 percent of total
grant funds;
(3) address the particular needs of student subgroups,
including students with disabilities and English-language
learners;
(4) provide technology-based professional development or
professional development on how to maximize the utility of
technology; and
(5) address issues of cost and capacity in rural areas and
shortage subjects.
SEC. 7. DATA COLLECTION AND EVALUATION.
(a) In General.--Each eligible partnership receiving a grant under
this Act shall require its evaluation partner to complete a
comprehensive, well-designed, and well-implemented evaluation that
meets the standards of the What Works Clearinghouse after the third
year of implementation of the grant to measure the effect of the
practice, tool, strategy, or course on--
(1) student achievement, as measured by high quality
assessments that provide objective, valid, reliable measures of
student academic growth and information on whether a student is
on-track to graduate ready for college and career;
(2) where applicable, student achievement gaps, graduation
and dropout rates, college enrollment, college persistence,
college completion, and teacher or principal effectiveness as
measured by student achievement and other applicable measures;
and
(3) costs and savings to the school partner.
(b) Implementation Evaluation.--An evaluation partner may use funds
under this Act to carry out an implementation evaluation designed to
provide information that may be useful for schools, local educational
agencies, States, consortia of schools, and charter school networks
seeking to implement similar practices, tools, strategies, or courses
in the future.
(c) Publication of Results.--Upon completion of an evaluation
described in subsection (a) or (b), the evaluation partner shall--
(1) submit a report of the results of the evaluation to the
Secretary; and
(2) make publicly available such results.
SEC. 8. DEFINITIONS.
In this Act:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that includes a school
partner and not less than 1--
(A) digital learning partner, except that in a case
in which a school partner or evaluation partner
demonstrates expertise in digital learning to the
Secretary; and
(B) evaluation partner.
(2) School partner.--The term ``school partner'' means a--
(A) local educational agency;
(B) a charter school network;
(C) a consortium of elementary schools or secondary
schools;
(D) a regional educational service agency or
similar regional educational service provider; or
(E) a consortium of the entities described in
subparagraphs (A) through (D).
(3) Digital learning partner.--The term ``digital learning
partner'' means an organization with expertise in the
technology required to develop or implement the digital
learning practices, tools, strategies, or courses proposed by
the school partner with which the digital learning partner will
partner or has partnered under this Act, such as--
(A) an institution of higher education;
(B) a nonprofit organization; or
(C) an organization with school development or
turnaround experience.
(4) Evaluation partner.--The term ``evaluation partner''
means a partner that has the expertise and ability to carry out
the evaluation of a grant received under this Act, such as--
(A) an institution of higher education;
(B) a nonprofit organization with expertise in
evaluation; or
(C) an evaluation firm.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(6) 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).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Schools of the Future Act - Authorizes the Secretary of Education to award competitive three- to five-year grants to eligible partnerships to implement and evaluate the results of technology-based learning practices, strategies, tools, or courses at rural schools.
Defines "eligible partnerships" as those composed of a school partner, a digital learning partner, and an evaluation partner.
Describes a "school partner" as a local educational agency, charter school network, consortium of elementary or secondary schools, regional educational service provider, or consortium of such entities.
Includes among the grant-funded technology-based learning practices, strategies, tools, or courses, those that: (1) personalize the learning experience, (2) aid and inform instruction, (3) meet the needs of students with specific educational needs, (4) help students develop 21st century skills, and (5) give students access to courses that would otherwise be unavailable to them.
Requires each partnership's evaluation partner, after the third year of the grant, to evaluate the effect of the technology-based learning practices, strategies, tools, or courses on student achievement. | To authorize a competitive grant program to implement and evaluate digital learning in rural locales. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Opportunity Communities Act of
1998''.
SEC. 2. FUNDING ENTITLEMENT FOR RURAL OPPORTUNITY COMMUNITIES AND
ADDITIONAL ENTERPRISE ZONES.
(a) Entitlement.--Paragraph (1) of section 2007(a) of the Social
Security Act (42 U.S.C. 1397f(a)) is amended--
(1) in subparagraph (A), by striking ``in the State; and''
and inserting ``in the State designated pursuant to section
1391(b) of the Internal Revenue Code of 1986;'',
(2) in subparagraph (B), by striking the period at the end
and inserting a semicolon, and
(3) by adding at the end the following new subparagraphs:
``(C) 2 grants under this section for each rural opportunity
community in the State designated pursuant to section 3 of the Rural
Opportunity Communities Act of 1998; and
``(D) 10 grants under this section for each qualified empowerment
zone in the State designated pursuant to section 1391(g) of such
Code.''.
(b) Amount of Grants.--Paragraph (2) of section 2007(a) of such Act
(42 U.S.C. 1397f(a)) is amended--
(1) in the heading of subparagraph (A), by striking
``Empowerment'' and inserting ``Original empowerment'',
(2) in subparagraph (A), in the matter preceding clause
(i), by inserting ``described in paragraph (1)(A)'' after
``empowerment zone'',
(3) by redesignating subparagraph (C) as subparagraph (E),
and
(4) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) Rural opportunity communities.--The amount of
each grant to a State made under this section for each
rural opportunity community described in paragraph
(1)(C) is $1,000,000, multiplied by the proportion of
the population of the community that resides in that
State.
``(D) Additional empowerment grants.--The amount of
each grant to a State made under this section for a
qualified empowerment zone described in paragraph
(1)(D) shall be--
``(i) if the zone is designated in an urban
area, $10,000,000, or
``(ii) if the zone is designated in a rural
area, $3,600,000,
multiplied by the proportion of the population of the
zone that resides in that State.''.
(c) Timing of Grants.--Paragraph (3) of section 2007(a) of such Act
(42 U.S.C. 1397f(a)) is amended--
(1) in the heading of subparagraph (A) by striking
``Qualified'' and inserting ``Original qualified'',
(2) in subparagraph (A), in the matter preceding clause
(i), by inserting ``described in paragraph (1)(A)'' after
``empowerment zone'', and
(3) by adding at the end the following new subparagraphs:
``(C) Rural opportunity communities.--With respect
to each rural opportunity community described in
paragraph (1)(C), the Secretary shall make 1 grant
under this subsection to the State (or, if applicable,
to the governing body of the Indian tribe or tribal
organization of the area) in which the rural
opportunity community lies--
``(i) on the date of the designation of the
community under section 3 of the Rural
Opportunity Communities Act of 1998; and
``(ii) on the first day of the first fiscal
year that begins after such date of
designation.
``(D) Additional qualified empowerment zones.--With
respect to each qualified empowerment zone described in
paragraph (1)(D), the Secretary shall make 1 grant
under this subsection to the State (or, if applicable,
to the governing body of the Indian tribe or tribal
organization of the area) in which the zone lies--
``(i) on the date of the designation of the
zone under such part I; and
``(ii) on the first day of each of the nine
fiscal years that begin after such date of
designation.''.
(d) Funding.--Paragraph (4) of section 2007(a) of such Act (42
U.S.C. 1397f(a)) is amended--
(1) by redesignating the matter following the caption as
subparagraph (A), by indenting such matter, and by moving such
matter 2 ems to the right,
(2) by inserting ``Original grants.--'' after the
subparagraph designation ``(A)'',
(3) in subparagraph (A), as so redesignated, by inserting
before the period ``for empowerment zones and enterprise
communities described in subparagraphs (A) and (B) of paragraph
(1)'', and
(4) by adding at the end the following new subparagraph:
``(B) Additional grants.--$1,700,000,000 shall be
made available to the Secretary under this section
for--
``(i) grants for rural opportunity
communities described in paragraph (1)(C), and
``(ii) grants for empowerment zones
described in paragraph (1)(D).''.
SEC. 3. RURAL OPPORTUNITY COMMUNITIES.
(a) Definitions.--For purposes of this section--
(1) Lead managing entity.--The term ``lead managing
entity'' means a nonprofit community-based organization or unit
of general purpose local government (including an Indian tribal
governmental body), as determined by the Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Designation.--The Secretary may designate not more than 10
rural opportunity communities under this section.
(c) Eligible Areas.--
(1) Location.--An area designated as a rural opportunity
community under this section must include--
(A) except as provided in subparagraph (B), the
entire area of at least 1, but not more than 4, rural
contiguous counties (or, if applicable, parishes or
State boroughs), as determined by the Secretary; and
(B) in the case of a community located in an Indian
reservation, the entire area of such reservation.
(2) Economic distress.--An area designated as a rural
opportunity community under this section must demonstrate
economic distress resulting from any of the following factors
during the most recent 5-year time period: poverty,
unemployment, underemployment, major industry disruption,
Department of Defense base closings, or other factors as
determined appropriate by the Secretary.
(3) Limitation on designations.--No area may be designated
under this section unless the lead managing entity certifies
that no portion of the area nominated is already included in an
empowerment zone or in an enterprise community or in an area
otherwise nominated to be designated under section 1391 of the
Internal Revenue Code of 1986.
(d) Application.--
(1) In general.--Applications for designation of an area as
a rural opportunity community shall be prepared by the lead
managing entity and submitted to the Secretary.
(2) Required items.--No area may be designated under this
section unless the application for designation--
(A) demonstrates that the nominated area satisfies
the eligibility criteria described in this section; and
(B) includes a 10-year strategic plan for
accomplishing the purposes of this section that--
(i) describes the coordinated economic,
human, community, and physical development plan
and related activities proposed for the
nominated area;
(ii) describes the process by which the
affected community is a full partner in the
process of developing and implementing the plan
and the extent to which local institutions and
organizations have contributed to the planning
process;
(iii) identifies the sources of local,
tribal, and private resources that will be
available in the nominated area and the
private/public partnerships to be used, which
may include participation by, and cooperation
with, universities, medical centers, and other
private and public entities;
(iv) identifies baselines, methods, and
benchmarks for measuring the success of
carrying out the strategic plan, in accordance
with criteria established by the Secretary,
including the extent to which persons and
families will be empowered to become
economically self-sufficient; and
(v) does not include any action to assist
any establishment in relocating from 1 area
outside the nominated area to the nominated
area, except that assistance for the expansion
of an existing business entity through the
establishment of a new branch, affiliate, or
subsidiary is permitted if--
(I) the establishment of the new
branch, affiliate, or subsidiary will
not result in a decrease in employment
in the area of original location or in
any other area where the existing
business entity conducts business
operations; and
(II) there is no reason to believe
that the new branch, affiliate, or
subsidiary is being established with
the intention of closing down the
operations of the existing business
entity in the area of its original
location or in any other area where the
existing business entity conducts
business operations; and
(vi) includes such other information as may
be required by the Secretary.
(e) Period for Designation.--
(1) In general.--A designation made under this section must
be made by the Secretary before January 1, 2000.
(2) Revocation of a designation.--The Secretary may revoke
the designation under this section of an area if the Secretary
determines that the applicable lead managing entity--
(A) has modified the boundaries of the area; or
(B) is not complying substantially with or fails to
make progress in achieving the benchmarks set forth in,
the strategic plan under subsection (d)(2)(B).
SEC. 4. RECOGNITION AND INCENTIVES FOR WELL PERFORMING ENTERPRISE
COMMUNITIES.
(a) Priority Given to Well Performing Enterprise Communities.--
Subparagraph (D) of section 1391(g)(3) of the Internal Revenue Code of
1986 (relating to modifications to eligibility criteria, etc.) is
amended to read as follows:
``(D) Previously designated enterprise communities
may be included.--
``(i) In general.--Subsection (e)(5) shall
not apply to any enterprise community
designated under subsection (a) that is also
nominated for designation under this
subsection.
``(ii) Priority.--In ranking nominations
for designation as an empowerment zone under
paragraph (1), the appropriate Secretary may,
in such Secretary's discretion, give additional
points in the designation process for any
nominated area if such area includes a well-
performing enterprise community.''.
(b) Recognition of Well Performing Empowerment Zones and Enterprise
Communities.--Section 1391 of the Internal Revenue Code of 1986
(relating to designation procedure) is amended by adding at the end the
following new subsection:
``(h) Recognition of Well Performing Empowerment Zones and
Enterprise Communities.--For purposes of subsection (g)--
``(1) In general.--The appropriate Secretary shall--
``(A) recognize annually the well performing
empowerment zones and enterprise communities, and
``(B) disseminate the best practices of the well
performing empowerment zones and enterprise communities
to other designated empowerment zones and enterprise
communities.
``(2) Well performing empowerment zone and enterprise
community.--The terms `well performing empowerment zone' and
`well performing enterprise community' mean an empowerment zone
or an enterprise community, as the case may be, that, as of the
end of the applicable period of evaluation, has completed or
made substantial progress in the implementation of the
strategic plan submitted in the application for designation as
an empowerment zone or an enterprise community under this
section, as determined by the appropriate Secretary.''.
(c) Additional Funding for Urban Empowerment Zones and Enterprise
Communities Demonstrating Satisfactory Performance.--
(1) Source of funding.--Notwithstanding any other provision
of law, the Secretary of Health and Human Services shall set
aside 10 percent of the amounts otherwise made available for
urban empowerment zones after the date of the enactment of this
Act under title XX of the Social Security Act (42 U.S.C. 1397
et seq.) or under any other provision of law, and such amount
set aside shall be used as provided under paragraphs (2) and
(3).
(2) Distribution of funds.--The Secretary of Health and
Human Services shall, at the direction of the Secretary of
Housing and Urban Development, make funds available to any
urban empowerment zone or enterprise community from the amount
set aside under paragraph (1), if the Secretary of Housing and
Urban Development determines that such zone or community has
completed or made satisfactory progress in the implementation
of its approved strategic plan.
(3) Use of funds.--Amounts distributed under paragraph (2)
shall be used by an urban empowerment zone or enterprise
community to continue to implement its approved strategic plan. | Rural Opportunity Communities Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act (SSA) to entitle each State to Federal grants for: (1) each rural opportunity community in the State designated pursuant to this Act; and (2) each additional qualified empowerment zone in the State designated pursuant to the Taxpayer Relief Act of 1997. Specifies a formula for the amount of each grant, with separate base amounts for empowerment zones in urban or rural areas. Provides funding for the additional grants made available by this Act.
Authorizes the Secretary of Agriculture to designate up to ten rural opportunity communities.
Sets forth the criteria an area must meet to be designated as a rural opportunity community, including that the area must demonstrate economic distress resulting from poverty or certain other factors during the most recent five-year time period.
Amends the Internal Revenue Code to provide that well-performing empowerment zones and enterprise communities: (1) may be given additional points in the designation process; and (2) shall be recognized annually, and their best practices disseminated to other designated empowerment zones and enterprise communities.
Directs the Secretary of Health and Human Services to set aside ten percent of amounts otherwise made available for urban empowerment zones for use by any urban empowerment zone or enterprise community that the Secretary of Housing and Urban Development determines has completed or made satisfactory progress in implementing its approved ten year strategic plan. | Rural Opportunity Communities Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Security Through Transparency
Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is in the interest of the United States to promote
good governance in the extractive industries sector because
good governance strengthens the national security and foreign
policy of the United States, contributes to a better investment
climate for businesses in the United States, increases the
reliability of commodity supplies upon which businesses and
people in the United States rely, and promotes greater energy
security.
(2) Developing countries that derive a significant portion
of revenues from natural resource extraction tend to have
higher poverty rates, weaker governance, higher rates of
conflict, and poorer development records than countries that do
not rely on resource revenues. The consequences of what is
known as the ``resource curse'' including the erosion of civil
society, a rise in internal conflicts and regional violence,
and the proliferation of terrorism are likely to pose a long-
term threat to the national security, foreign policy, and
economic interests of the United States.
(3) Transparency in revenue payments to governments enables
citizens to hold their leaders more accountable.
(4) There is a growing consensus among oil, gas, and mining
companies that transparency in revenue payments is good for
business, since it improves the business climate in which they
work and fosters good governance and accountability.
(5) Transparency in revenue payments benefits shareholders
of corporations that make such payments because such
shareholders have a desire to know the amount of such payments
in order to assess financial risk, compare payments from
country to country, and assess whether such payments help to
create a more stable investment climate. Undisclosed payments
may be perceived as corrupt and as decreasing the value of the
corporation.
SEC. 3. SENSE OF CONGRESS RELATING TO TRANSPARENCY FOR EXTRACTIVE
INDUSTRIES.
It is the sense of Congress that--
(1) the President should work with foreign governments,
including members of the Group of 8 and the Group of 20, to
establish domestic requirements that companies under the
jurisdiction of each government publicly disclose any payments
made to a government relating to the commercial development of
oil, natural gas, and minerals; and
(2) the United States Government should commit to global
leadership of transparency in extractive industries by
supporting--
(A) multilateral pro-transparency efforts, such as
the Extractive Industries Transparency Initiative, in
revenue collection, budgeting, expenditure, and wealth
management;
(B) bilateral efforts to promote good governance in
the extractive industries through United States
missions and activities abroad;
(C) the implementation of extractive industries
reporting requirements for companies under the
jurisdiction of the United States similar to the
requirements established under section 6 of this Act;
and
(D) efforts to persuade other members of the
Organization for Economic Cooperation and Development
and Asia-Pacific Economic Cooperation to adopt uniform
legislation to ensure a coordinated regulatory
approach.
SEC. 4. SENSE OF CONGRESS RELATING TO THE EXTRACTIVE INDUSTRY
TRANSPARENCY INITIATIVE.
It is the sense of Congress that the President should commit the
United States to become a Candidate Country of the Extractive Industry
Transparency Initiative.
SEC. 5. DISCLOSURE OF PAYMENTS TO THE UNITED STATES.
The Secretary of the Interior shall disclose to the public any
payment (as that term is defined in section 13(m) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(m)), as added by section 6 of this
Act) relating to the commercial development of oil, natural gas, and
minerals on Federal land made by any person to the Federal Government.
SEC. 6. DISCLOSURE OF PAYMENTS BY RESOURCE EXTRACTION ISSUERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(m) Disclosure of Payment by Resource Extraction Issuers.--
``(1) Definitions.--In this subsection--
``(A) the term `commercial development of oil,
natural gas, or minerals' includes the acquisition of a
license, exploration, extraction, processing, export,
and other significant actions relating to oil, natural
gas, or minerals, as determined by the Commission;
``(B) the term `foreign government' means a foreign
government, an officer or employee of a foreign
government, an agent of a foreign government, a company
owned by a foreign government, or a person who will
provide a personal benefit to an officer of a
government if that person receives a payment, as
determined by the Commission;
``(C) the term `payment'--
``(i) means a payment that is--
``(I) made to further the
commercial development of oil, natural
gas, or minerals; and
``(II) not de minimis; and
``(ii) includes taxes, royalties, fees,
licenses, production entitlements, bonuses, and
other material benefits, as determined by the
Commission; and
``(D) the term `resource extraction issuer' means
an issuer that--
``(i) is required to file an annual report
with the Commission; and
``(ii) engages in the commercial
development of oil, natural gas, or minerals.
``(2) Disclosure.--
``(A) Information required.--Not later than 270
days after the date of enactment of the Energy Security
Through Transparency Act of 2009, the Commission shall
issue final rules that require each resource extraction
issuer to include in the annual report of the resource
extraction issuer information relating to any payment
made by the resource extraction issuer, a subsidiary or
partner of the resource extraction issuer, or an entity
under the control of the resource extraction issuer to
a foreign government for the purpose of the commercial
development of oil, natural gas, or minerals,
including--
``(i) the type and total amount of such
payments made for each project of the resource
extraction issuer relating to the commercial
development of oil, natural gas, or minerals;
and
``(ii) the type and total amount of such
payments made to each foreign government.
``(B) International transparency efforts.--To the
extent practicable, the rules issued under subparagraph
(A) shall support the commitment of the United States
Government to international transparency promotion
efforts relating to the commercial development of oil,
natural gas, or minerals.
``(C) Effective date.--With respect to each
resource extraction issuer, the final rules issued
under subparagraph (A) shall take effect on the date on
which the resource extraction issuer is required to
submit an annual report relating to the fiscal year of
the resource extraction issuer that ends not earlier
than 1 year after the date on which the Commission
issues final rules under subparagraph (A).
``(3) Public availability of information.--
``(A) In general.--To the extent practicable, the
Commission shall make available online, to the public,
a compilation of the information required to be
submitted under the rules issued under paragraph
(2)(A).
``(B) Other information.--Nothing in this paragraph
shall require the Commission to make available online
information other than the information required to be
submitted under the rules issued under paragraph
(2)(A).
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Commission such sums as
may be necessary to carry out this subsection.''. | Energy Security Through Transparency Act of 2009 - Expresses the sense of Congress with respect to: (1) the establishment by foreign governments of requirements that companies under their jurisdiction publicly disclose any payments made to a government relating to the commercial development of oil, natural gas, and minerals; (2) the U.S. commitment to global leadership of transparency in extractive industries by supporting multilateral pro-transparency efforts, bilateral good governance efforts through U.S. missions and activities abroad, implementation of extractive industries reporting requirements for companies under U.S. jurisdiction, and efforts to persuade members of the Organization for Economic Cooperation and Development (OECD) and Asia-Pacific Economic Cooperation (APEC) to adopt uniform legislation to ensure a coordinated regulatory approach; and (3) the need for the President to commit the United States to become a Candidate Country of the Extractive Industry Transparency Initiative.
Requires the Secretary of the Interior to disclose to the public any payment relating to the commercial development of oil, natural gas, and minerals on federal land made by any person to the government. Includes as a "payment" taxes, royalties, fees, licenses, production entitlements, bonuses, and other material benefits, as determined by the Securities and Exchange Commission (SEC).
Amends the Securities Exchange Act of 1934 to require the SEC to issue rules requiring each resource extraction issuer (an issuer that engages in the commercial development of oil, natural gas, or minerals) to include in its annual report information relating to any payment made by the issuer, a subsidiary or partner, or an entity under its control to a foreign government for the purpose of such commercial development. Requires such rules, to the extent practicable, to support the U.S. commitment to international transparency promotion efforts relating to such commercial development.
Requires the SEC, to the extent practicable, to make publicly available online a compilation of the information required to be submitted under the disclosure rules issued pursuant to this Act. | A bill to require certain issuers to disclose payments to foreign governments for the commercial development of oil, natural gas, and minerals, to express the sense of Congress that the President should disclose any payment relating to the commercial development of oil, natural gas, and minerals on Federal land, and for other purposes. |
SECTION 1. CLEANUP OF BROWNFIELDS.
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 is amended by adding the following new title at
the end thereof:
``TITLE VI--CLEANUP OF BROWNFIELDS
``SEC. 601. DEFINITION OF BROWNFIELD SITE.
``As used in this title, the term `brownfield site' means a parcel
of land that contains, or contained abandoned or underused commercial
or industrial facilities, the expansion or redevelopment of which is
complicated by the presence or potential presence of hazardous
substances.
``SEC. 602. BROWNFIELD CLEANUP ASSISTANCE PROGRAM.
``(a) Establishment of Program.--The Administrator shall establish
a program to provide loans for the environmental assessment and
remediation of eligible brownfield sites.
``(b) Eligible Brownfield Sites.--Any brownfield site shall be
eligible for assistance under this title unless the site is one of the
following:
``(1) Any facility that is the subject of ongoing removal
action under title I of this Act.
``(2) Any facility included, or proposed for inclusion, in
the National Priorities List maintained by the Administrator
under title I of this Act.
``(3) Any facility with respect to which an administrative
order on consent or judicial consent decree requiring cleanup
has been entered into by the United States under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.), or title XIV
of the Public Health Service Act, commonly known as the Safe
Drinking Water Act (42 U.S.C. 300f and following).
``(4) Any facility owned or operated by a department,
agency, or instrumentality of the United States.
``(c) Assistance for Site Characterization and Assessment.--Upon
the approval of an application made by any person, and with the consent
of the State and local government having jurisdiction over one or more
eligible brownfield sites, the Administrator may make loans under this
subsection to the applicant to be used for the site characterization
and assessment of such site or sites. Site characterizations and
assessments shall be performed in accordance with generally accepted
good commercial and customary standards and practices under section
101(39)(B) of this Act.
``(d) Assistance for Environmental Remediation.--Upon the approval
of an application made by any person, and with the consent of the State
and local government having jurisdiction over one or more eligible
brownfield sites, the Administrator may make loans under this
subsection to such applicant to be used for response action (excluding
site characterization and assessment) at one or more eligible
brownfield sites. Such response action shall be for purposes of making
such site or sites available for manufacturing, business, or other
commercial or residential purposes.
``(e) Sunset.--No amount shall be available from the Hazardous
Substance Superfund for purposes of this title.
``(f) Prohibition.--No portion of any assistance provided under
this section to an eligible applicant may be used for payment of
penalties or fines.
``(g) Audits.--The Inspector General of the Environmental
Protection Agency shall audit all loans made under this section to
ensure that all funds are used for the purposes set forth in this
section.
``(h) Agreements.--Each loan made under this section shall be
subject to an agreement which requires the following:
``(1) The agreement shall require the applicant to comply
with all applicable Federal and State laws and regulations.
``(2) The agreement shall require that the applicant shall
use the loan exclusively for purposes specified in subsection
(c) or (d), as the case may be.
``(3) The agreement shall provide for repayment of the loan
within a specified period, not to exceed 10 years.
``(4) The agreement shall contain such other terms and
conditions that the Administrator determines necessary to carry
out the purposes of this title.
``(i) Leveraging.--The recipient of any assistance under this
section may use the assistance for part of a project at an eligible
brownfield site or sites which receives funding from other sources,
except that such assistance may only be used for the purposes described
in subsection (c) or (d), as the case may be.
``SEC. 603. APPLICATIONS FOR ASSISTANCE.
``(a) In General.--Any person may submit an application to the
Administrator for a loan under this title for one or more eligible
brownfield sites. An application may be submitted to the Administrator
through any Regional Office of the Environmental Protection Agency. The
application shall be in such form as the Administrator determines
appropriate.
``(b) Application Requirements.--An application for assistance
under this title shall, at a minimum, include each of the following:
``(1) An identification of each eligible brownfield site
for which assistance is sought and a description of the
redevelopment plan for the area or areas in which each such
site is located. Such description shall include a description
of the nature and extent of any known or suspected
environmental contamination within the area.
``(2) An analysis that demonstrates the potential of the
loan to stimulate economic development on completion of any
necessary response action. Such analysis shall include a
projection of the number of jobs expected to be created at the
site after remediation and redevelopment and, to the extent
feasible, a description of the type and skill level of such
jobs and a projection of the increases in revenues accruing to
the local, State and Federal government from such jobs.
``(c) Approval.--After the first 12 months after the enactment of
this title, the Administrator shall make annual evaluations of all
applications received during the prior calendar year and make loans
under this title to those States and municipalities submitting
applications during such prior year which the Administrator determines
have the highest rankings under the ranking criteria established by the
Administrator. For the first 12 months after the enactment of this
title, at the end of each 6-month period after the enactment of this
title, the Administrator shall make loans under this title to those
applicants submitting applications before the end of such 6-month
period which the Administrator determines have the highest rankings
under the ranking criteria established by the Administrator.
``(d) Ranking Criteria.--In determining whether to provide
assistance under this title to any applicant, the Administrator shall
establish a ranking system for applications. The ranking system shall
include the following criteria:
``(1) The extent to which the assistance will stimulate the
availability of other funds for response action and subsequent
redevelopment of the area in which the eligible brownfield
sites are located.
``(2) The potential of the development plan for the area in
which the eligible brownfield sites are located to stimulate
economic development of the area on completion of the response
action such as the following:
``(A) The relative increase in the estimated fair
market value of the area as a result of the response
action.
``(B) The potential of the assistance to create
new, or expand existing, business and employment
opportunities (particularly full-time employment
opportunities) upon completion of the response action.
``(C) The estimated additional tax revenues
expected to be generated by economic redevelopment in
the area in which the brownfield site is located.
``(3) The estimated extent to which the assistance would
facilitate the identification of, or reduction of, health and
environmental risks.
``(4) The extent to which the site characterization and
assessment or the remediation and subsequent development of the
eligible brownfield site or sites involves the active
participation and support of the local community.
``(5) Such other factors as the Administrator considers
relevant to carry out the purposes of this title.''. | Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide loans for the environmental assessment and remediation of brownfield sites, with specified exceptions. Defines a "brownfield site" as a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances.
Authorizes the Administrator, upon approval of an application and with the consent of the State and local governments with jurisdiction over the site, to make separate loans for site characterization and assessment and for response action (for purposes of making the site or sites available for manufacturing, business, or other commercial or residential purposes). Directs the Administrator to establish a system for the ranking of applications for assistance. | To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to establish a brownfield cleanup loan program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Talent Act of 2001''.
SEC. 2. FINDINGS; DEFINITIONS.
(a) Findings.--Congress makes the following findings with respect
to the value of the technically trained workforce to the United States:
(1) Studies show that about half of all United States post-
World War II economic growth is a direct result of
technological innovation, and science, engineering, and
technology play a central role in the creation of new goods and
services, new jobs, and new capital.
(2) The growth in the number of jobs requiring technical
skills is projected to be more than 50 percent over the next
decade.
(3) A workforce that is highly trained in science,
mathematics, engineering, and technology is crucial to
generating the innovation that drives economic growth.
(4) Outside of the biomedical sciences, the number of
undergraduate degrees awarded in the science, mathematics,
engineering, and technology disciplines has been flat or
declining since 1987, despite rapid population growth and a
significant increase in undergraduate enrollment over the same
period.
(5) The demand for H-1B visas has increased over the past
several years, suggesting that the United States is not
training a sufficient number of scientists and engineers.
(6) In international comparisons of 24-year olds, there
have been shown to be fewer holders of natural science and
engineering degrees in the United States than in Japan, South
Korea, Taiwan, the United Kingdom, and Canada.
(7) Technological and scientific advancements hold
significant potential for elevating the quality of life and the
standard of living in the United States. The quality and
quantity of such advancements are dependent on a technically
trained workforce.
(8) Arresting the trends in reduced numbers of science and
engineering graduates is not only imperative to maintaining our
Nation's prosperity, it is also important for our national
security.
(b) Definitions.--In this Act:
(1) Community college.--The term ``community college''
means an institution of higher education that provides not less
than a 2-year program that is acceptable for full credit toward
a bachelor's degree, including institutions receiving
assistance under the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED.
(a) In General.--The Director is authorized to award grants, on a
competitive basis to institutions of higher education with science,
mathematics, engineering, or technology programs to enable the
institutions to increase the number of students studying and receiving
associates or bachelor's degrees in established or emerging fields
within science, mathematics, engineering, and technology.
(b) Requirements.--
(1) Number.--The Director shall award not fewer than 10
grants under this Act each year contingent upon available
funds.
(2) Duration.--Grants under this Act shall be awarded for a
period of 3 years, with the final year of funding contingent
upon the Director's determination that satisfactory progress
has been made by the institution or community college during
the first 2 years of the grant period.
(3) Principal Investigator.--At least 1 principal
investigator must be in a position of administrative leadership
at the institution of higher education. Multiple principal
investigators shall be permitted.
(4) Subsequent grants.--Institutions of higher education
that have received grants under this Act shall be eligible to
compete for subsequent grants to enable the institutions to
continue making progress toward program goals after the initial
grant period ends. In reviewing the grant application from such
an institution, the Director is encouraged to consider--
(A) the progress the institution has made, using
grant funds received under this Act, toward achieving
program goals; and
(B) whether the successive grant application of the
institution includes a novel strategy for achieving
subsequent goals.
(5) Increases.--
(A) Institutions of higher education with
bachelor's degree programs.--An institution of higher
education that awards bachelor's degrees and desires to
receive a grant under this Act shall propose specific
increases in the number of students who are United
States citizens or permanent resident aliens, obtaining
bachelor's degrees at the institution in established or
emerging fields within science, mathematics,
engineering, or technology.
(B) Community colleges.--A community college that
desires to receive a grant under this Act shall propose
specific increases in the number of students who are
United States citizens or permanent resident aliens,
obtaining associate degrees in established or emerging
fields within science, mathematics, engineering, or
technology, and are encouraged to facilitate the
enrollment of such students in bachelor's degree
programs.
(6) Peer review of applications.--The Director shall review
grant applications under this Act on the basis of a peer review
process.
(7) Priority.--The Director is encouraged to give priority
in awarding grants to institutions of higher education that
enable such institutions to carry out programs--
(A) that increase the number of students studying
and receiving associates and bachelor's degrees in
established or emerging fields within science,
mathematics, engineering, or technology where there is
a specific industry need or where the number of
graduates has been flat or declining in recent years;
and
(B) that draw on previous and existing efforts with
demonstrated success in improving undergraduate
learning and teaching, including those efforts funded
by Federal grants from the National Science Foundation
or other agencies.
(8) National science foundation science and engineering
talent expansion center.--An institution of higher education
that is awarded a grant under this Act shall be known as a
``National Science Foundation Science and Engineering Talent
Expansion Center''.
SEC. 4. POLICY ELEMENTS.
In soliciting and evaluating grant applications from institutions
of higher education under this Act, the Director shall consider
supporting--
(1) programs that specifically aim to increase the number
of traditionally underrepresented students (low-income, ethnic
minorities, and women) in science, mathematics, engineering, or
technology, such as mentoring programs;
(2) programs that expand the capacity of institutions of
higher education to incorporate current advances in science and
technology into the undergraduate learning environment;
(3) bridge programs that enable additional preparation for
students otherwise not fully prepared to succeed in the study
and practice of science, mathematics, engineering, and
technology, including programs targeted at traditionally
underrepresented groups in such disciplines;
(4) programs including interdisciplinary approaches to
undergraduate science, mathematics, engineering, and technology
education;
(5) programs that focus directly on the quality of student
learning, including those that encourage--
(A) high-caliber teaching, including enabling
faculty to spend additional time teaching participating
students in smaller class settings, particularly in the
laboratory environment, by, for example, providing
summer salary or other additional salary for faculty
members or stipends for students;
(B) opportunities to develop new pedagogical
approaches including the development of web-based
course strategies, distributed and collaborative
digital teaching tools, or interactive course modules;
and
(C) screening and training of teaching assistants;
(6) programs that--
(A) facilitate student exposure to potential
careers, including cooperative programs with industry
or government that place students in internships as
early as the summer following their first year of
study;
(B) provide part-time employment in industry during
the school year; or
(C) provide opportunities for undergraduates to
participate in industry or government sponsored
research;
(7) programs that assist institutions of higher education
in States that participate in the Experimental Program to
Stimulate Competitive Research (EPSCoR) to broaden the science,
engineering, mathematics, and technology student base or
increase retention in these fields;
(8) programs to encourage undergraduate research on- or
off-campus;
(9) programs that provide financial incentives to students
entering and persisting in the study of science, mathematics,
engineering, or technology;
(10) programs that leverage the Federal investment by
providing matching funds from industry, from State or local
government sources, or from private sources; and
(11) other innovative approaches to achieving program
goals.
SEC. 5. EVALUATION AND DISSEMINATION OF INFORMATION.
(a) Evaluation.--The Director, in consultation with the advisory
committee established under section 7--
(1) shall evaluate, at least once each year, the progress
of institutions of higher education that are assisted under
this Act in achieving the goal of increasing the number of
students obtaining degrees in science, mathematics,
engineering, or technology; and
(2) shall award at least 1 grant or contract to an
independent evaluative organization to develop metrics and
evaluate the program approaches assisted under this Act that
are most effective, including those most cost-effective, in
increasing the number of students obtaining degrees in such
disciplines.
(b) Dissemination of Information.--The Director, at least once each
year, shall disseminate information on the activities and the results
of the program assisted under this Act to participating institutions of
higher education and other interested institutions of higher education.
SEC. 6. REPORTS.
(a) List.--Not later than 90 days after the date of enactment of
this Act, the Director shall develop, and disseminate to institutions
of higher education, a list of examples of existing institutional and
government efforts relevant to the program assisted under this Act.
(b) Interim Progress Report.--At the end of the second year of the
program assisted under this Act, the Director shall submit to Congress
an interim progress report that includes an evaluation of programmatic
features assisted under this Act that are most effective in increasing
the number of students studying science, mathematics, engineering, or
technology.
(c) Final Report.--The Director shall submit to Congress a final
report in 2007 regarding activities assisted under this Act,
including--
(1) an evaluation of the features described in subsection
(b);
(2) the number of degrees granted to students under this
Act; and
(3) information on the number of graduates assisted under
this Act who elected to pursue graduate degrees, and other
career paths taken by individuals assisted under this Act.
SEC. 7. ADVISORY COMMITTEE.
The Director shall establish an advisory committee, that includes
significant representation from industry and academic leaders, for the
grant program assisted under this Act. The advisory committee shall--
(1) assist the Director in securing active industry, and
State and local government, participation in the program
assisted under this Act;
(2) recommend to the Director new innovative approaches to
furthering the mission of the program; and
(3) critique and advise the Director regarding program
metrics, implementation and performance of the program, and
program progress reports.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS; FUNDING
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the National Science Foundation to carry out this Act--
(1) $25,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for each subsequent
fiscal year.
(b) Funding.--In addition to any other purposes for which such
funds are available, any funds made available to the Director under
section 286(s) of the Immigration and Nationality Act (8 U.S.C.
1356(s)) shall be available to carry out this Act. | Technology Talent Act of 2001 - Authorizes the Director of the National Science Foundation to award competitive grants to institutions of higher education to increase the number of students studying and receiving associate's or bachelor's degrees in established or emerging fields within science, mathematics, engineering, and technology. Provides that an institution receiving such a grant shall be known as a National Science Foundation Science and Engineering Talent Expansion Center. | A bill to provide for increasing the technically trained workforce in the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vacancies Clarification Act of
1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress enacted the Act entitled ``An Act to authorize
the temporary supplying of vacancies in the executive
departments'', approved July 23, 1868 (commonly referred to as
the ``Vacancies Act''), to--
(A) preclude the extended filling of a vacancy in
an office of an executive or military department
subject to Senate confirmation, without the submission
of a Presidential nomination;
(B) provide an exclusive means to temporarily fill
such a vacancy; and
(C) clarify the role of the Senate in the exercise
of the Senate's constitutional advice and consent
powers in the Presidential appointment of certain
officers;
(2) subchapter III of chapter 33 of title 5, United States
Code, includes a codification of the Vacancies Act, and
(pursuant to an amendment on August 17, 1988, to section 3345
of such title) specifically applies such vacancy provisions to
all Executive agencies, including the Department of Justice;
(3) the legislative history accompanying the 1988 amendment
makes clear in the controlling committee report that the
general administrative authorizing provisions for the Executive
agencies, which include sections 509 and 510 of title 28,
United States Code, regarding the Department of Justice, do not
supersede the specific vacancy provisions in title 5, United
States Code;
(4) there are statutory provisions of general
administrative authority applicable to every Executive
department and other Executive agencies that are similar to
sections 509 and 510 of title 28, United States Code, relating
to the Department of Justice;
(5) despite the clear intent of Congress, the Attorney
General of the United States has continued to interpret the
provisions granting general administrative authority to the
Attorney General under sections 509 and 510 of title 28, United
States Code, to supersede the specific vacancy provisions in
title 5, United States Code;
(6) the interpretation of the Attorney General would--
(A) virtually nullify the vacancy provisions under
subchapter III of chapter 33 of title 5, United States
Code;
(B) circumvent the clear intention of Congress to
preclude the extended filling of certain vacancies and
provide for the temporary filling of such vacancies;
and
(C) subvert the constitutional authority and
responsibility of the Senate to advise and consent in
certain appointments;
(7) it is necessary to further clarify the intention of
Congress to reject the interpretation of the Attorney General
by modernizing the intricate language of the long-standing
Vacancies Act; and
(8) to ensure compliance by the executive branch with the
Vacancies Act, the Act needs an express enforcement mechanism.
SEC. 3. FEDERAL VACANCIES.
(a) In General.--Chapter 33 of title 5, United States Code, is
amended by striking sections 3345 through 3349 and inserting the
following:
``Sec. 3345. Acting officer
``(a)(1) If an officer of an Executive agency (other than the
General Accounting Office) whose appointment to office is by the
President, by and with the advice and consent of the Senate, dies,
resigns, or is otherwise unable to perform the functions of the office,
the President may direct a person described under paragraph (2) to
perform the functions and duties of the office temporarily in an acting
capacity, subject to the time limitations of section 3346.
``(2) The person referred to under paragraph (1) is any person who
on the date of death, resignation, or the beginning of inability to
perform serves--
``(A) in the position of first assistant to the officer who
dies, resigns, or is otherwise unable to perform; or
``(B) in an office for which appointment by the President,
by and with the advice and consent of the Senate is required.
``(b) With respect to the office of the Attorney General of the
United States, the provisions of section 508 of title 28 shall be
applicable.
``Sec. 3346. Time limitation
``(a) The person serving as an acting officer as described under
section 3345 may serve in the office--
``(1) for no longer than 120 days; or
``(2) if any nomination for the office is submitted to the
Senate within the 120-day period beginning on the date the
vacancy occurs, for the period that the nomination is pending
in the Senate.
``(b)(1) If the nomination for the office is rejected by the Senate
or withdrawn, the person may continue to serve as the acting officer
for no more than 120 days after the date of such rejection or
withdrawal.
``(2) Notwithstanding paragraph (1), if a second nomination for the
office is submitted to the Senate during the 120-day period after the
rejection or withdrawal of the first nomination, the person serving as
the acting officer may continue to serve--
``(A) until the second nomination is confirmed; or
``(B) for no more than 120 days after the second nomination
is rejected or withdrawn.
``(c) If a person begins serving as an acting officer during an
adjournment of the Congress sine die, the 120-day period under
subsection (a) shall begin on the date that the Senate first
reconvenes.
``Sec. 3347. Application
``Sections 3345 and 3346 are applicable to any office of an
Executive agency (other than the General Accounting Office) for which
appointment by the President, by and with the advice and consent of the
Senate, is required, unless--
``(1) another statutory provision expressly provides that
such provision supersedes sections 3345 and 3346; or
``(2) the President makes an appointment to fill a vacancy
in such office during a recess of the Senate.
``Sec. 3348. Vacant office
``Subject to section 3347, if an office is not temporarily filled
under sections 3345 and 3346 within 120 days after the date on which a
vacancy occurs, the office shall remain vacant until a person is
appointed by the President, by and with the advice and consent of the
Senate.
``Sec. 3349. Enforcement
``(a)(1) An acting officer who serves in a position in violation of
section 3345 or 3346 may not receive pay for any day of service in
violation of section 3345 or 3346.
``(2) Pay not received under paragraph (1) shall be forfeited and
may not be paid as backpay.
``(3) Notwithstanding section 1342 of title 31, paragraph (1) shall
apply regardless of whether such acting officer is performing the
duties of another office or position in addition to performing the
duties of the vacant office.
``(b) The head of an affected Executive agency (other than the
General Accounting Office) shall submit to the Comptroller General of
the United States and to each House of Congress--
``(1) notification of a vacancy and the date such vacancy
occurred immediately upon the occurrence of the vacancy;
``(2) the name of any person serving in an acting capacity
and the date such service began immediately upon the
designation;
``(3) the name of any person nominated to the Senate to
fill the vacancy and the date such nomination is submitted
immediately upon the submission of the nomination; and
``(4) the date of a rejection or withdrawal of any
nomination immediately upon such rejection or withdrawal.
``(c) If the Comptroller General of the United States makes a
determination that an officer is serving longer than the 120-day period
including the applicable exceptions to such period as provided under
section 3346, the Comptroller General shall report such determination
to each House of Congress, the President, the Secretary of the
Treasury, and the Office of Personnel Management.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 33 of title 5, United States Code, is amended by striking the
items relating to sections 3345 through 3349 and inserting the
following:
``3345. Acting officer.
``3346. Time limitation.
``3347. Application.
``3348. Vacant office.
``3349. Enforcement.''.
SEC. 4. EFFECTIVE DATE AND APPLICATION.
This Act shall take effect on the date of enactment of this Act and
shall apply to any office that--
(1) becomes vacant after such date; and
(2) is vacant on such date, except sections 3345 through
3349 of title 5, United States Code (as amended by this Act),
shall apply as though such office first became vacant on such
date. | Vacancies Clarification Act of 1998 - Revises provisions regarding the filling of Federal vacancies to authorize the President, if an appointed officer of an executive agency (other than the General Accounting Office (GAO)) dies, resigns, or is otherwise unable to perform office functions, to direct a person described by this Act to perform such functions temporarily in an acting capacity, subject to specified time limitations. Describes a person authorized to perform such functions as one: (1) in the position of first assistant to the officer unable to perform; or (2) in an office for which appointment by the President, with the advice and consent of the Senate, is required.
Applies vacancy provisions of the Federal judicial code with respect to the office of the Attorney General.
Retains existing time limitations on temporary appointments.
Makes vacancy and time limitation provisions applicable to any affected office for which an advice and consent appointment is required unless: (1) another statutory provision expressly supersedes such provisions; or (2) the President makes an appointment to fill a vacancy during a Senate recess.
Requires an office to remain vacant until a person is appointed if not temporarily filled within 120 days after the date the vacancy occurs.
Prohibits acting officers serving in violation of vacancy or time limitation provisions from receiving pay. Requires pay not received to be forfeited and prohibits backpay.
Directs the heads of affected executive agencies to submit to the Comptroller General and to the Congress: (1) notification of a vacancy and the date such vacancy occurred immediately upon occurrence of the vacancy; (2) the name of the person serving in an acting capacity and the date such service began immediately upon the designation; (3) the name of any person nominated to fill the vacancy and the date such nomination is submitted immediately upon submission; and (4) the date of a rejection or withdrawal of any nomination immediately upon such action.
Requires the Comptroller General to report to the Congress, President, Secretary of the Treasury, and the Office of Personnel Management any determination that an officer is serving longer than the prescribed 120-day period, including exceptions to such period. | Vacancies Clarification Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowner Disaster Relief Act of
2014''.
SEC. 2. WAIVER OF 10-PERCENT PENALTY ON QUALIFIED NATURAL DISASTER
DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS.
(a) In General.--Section 72(t)(2) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(H) Qualified natural disaster distributions.--
``(i) In general.--Any qualified natural
disaster distribution.
``(ii) Cross reference.--For definitions
and rules related to qualified natural disaster
distributions, see paragraph (11).''.
(b) Definitions and Special Rules.--Section 72(t) of such Code is
amended by adding at the end the following new paragraph:
``(11) Qualified natural disaster distributions.--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified natural disaster
distribution' means any distribution 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), to an
individual if--
``(i) such individual sustained an economic
loss by reason of a federally declared
disaster,
``(ii) the principal place of abode of such
individual on the disaster declaration date is
in the disaster area, and
``(iii) such distribution is made during
the 1-year period beginning on the disaster
declaration date.
``(B) Aggregate dollar limitation.--
``(i) In general.--The aggregate amount of
distributions received by an individual which
may be treated as qualified natural disaster
distributions for any taxable year with respect
to any federally declared disaster shall not
exceed the excess (if any) of--
``(I) $100,000, over
``(II) the aggregate amounts
treated as qualified natural disaster
distributions with respect to such
federally declared disaster received by
such individual for all prior taxable
years.
``(ii) Treatment of plan distributions.--If
a distribution to an individual would (without
regard to clause (i)) be a qualified natural
disaster distribution, a plan shall not be
treated as violating any requirement of this
title merely because the plan treats such
distribution as a qualified natural disaster
distribution, unless the aggregate amount of
such distributions from all plans maintained by
the employer (and any member of any controlled
group which includes the employer) to such
individual exceeds $100,000.
``(iii) Controlled group.--For purposes of
clause (ii), the term `controlled group' means
any group treated as a single employer under
subsection (b), (c), (m), or (o) of section
414.
``(C) Amount distributed may be repaid.--Any
individual who receives a qualified natural disaster
distribution may, at any time during the 3-year period
beginning on the day after the date on which such
distribution was received, make one or more
contributions to an individual retirement plan of such
individual in an aggregate amount not to exceed the
amount of such distribution. The dollar limitations
otherwise applicable to contributions to individual
retirement plans shall not apply to any contribution
made pursuant to the preceding sentence. No deduction
shall be allowed for any contribution pursuant to this
subparagraph.
``(D) Federally declared disaster.--For purposes of
this paragraph--
``(i) In general.--The term `federally
declared disaster' means any disaster
subsequently determined by the President of the
United States to warrant assistance by the
Federal Government under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
``(ii) Disaster area.--The term `disaster
area' means the area so determined to warrant
such assistance.
``(iii) Disaster declaration date.--The
term `disaster declaration date' means the date
of such determination.''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act. | Homeowner Disaster Relief Act of 2014 - Amends the Internal Revenue Code to exempt any qualified natural disaster distribution from the 10% penalty on premature distributions from tax-exempt retirement plans. Defines "qualified natural diasaster distribution" as a distribution from a retirement plan to an individual if: (1) such individual sustained an economic loss due to a federally-declared disaster, (2) the principal place of abode of such individual on the disaster declaration date is in the disaster area, and (3) such distribution is made during the one-year period beginning on the disaster declaration date. | Homeowner Disaster Relief Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microloan Modernization Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``intermediary'' has the meaning given that
term in section 7(m)(11) of the Small Business Act (15 U.S.C.
636(m)(11)); and
(2) the term ``microloan program'' means the program
established under section 7(m) of the Small Business Act (15
U.S.C. 636(m)).
SEC. 3. MICROLOAN INTERMEDIARY LENDING LIMIT INCREASED.
Section 7(m)(3)(C) of the Small Business Act (15 U.S.C.
636(m)(3)(C)) is amended by striking ``$5,000,000'' and inserting
``$6,000,000''.
SEC. 4. WAIVERS OF 25/75 RULE.
Section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
636(m)(4)(E)) is amended by adding at the end the following:
``(iii) Waiver.--
``(I) In general.--The
Administrator shall by rule, after a
notice and comment period of not less
than 60 days, establish a process by
which an intermediary may apply for and
the Administrator may grant a waiver
from the requirements of clause (i).
``(II) Contents.--The rule required
under subclause (I) shall--
``(aa) require any
applicant for a waiver to--
``(AA) specify how
the applicant will use
the additional
technical assistance;
and
``(BB) provide
assurance, in a form
provided for by the
Administrator in the
rule, that the
intermediary will have
sufficient funds to
provide technical
assistance to all
borrowers of the
intermediary; and
``(bb) incorporate any
delegation of the authority of
the Administrator to approve
waivers to any appropriate
subsidiary official.''.
SEC. 5. LINES OF CREDIT AUTHORIZED.
Section 7(m)(6)(A) of the Small Business Act (15 U.S.C.
636(m)(6)(A)) is amended by inserting ``(including lines of credit)''
after ``short-term''.
SEC. 6. EXTENDED REPAYMENT TERMS.
Section 7(m)(6) of the Small Business Act (15 U.S.C. 636(m)(6)) is
amended by adding at the end the following:.
``(F) Repayment terms for loans to small
businesses.--The Administrator may not impose
limitations on the term for repayment of a loan made by
an intermediary to a small business concern or
entrepreneur, except that--
``(i) in the case of a loan made by an
intermediary of not more than $10,000, the
repayment term shall be not more than 6 years;
and
``(ii) in the case of a loan made by an
intermediary of more than $10,000, the
repayment term shall be not more than 10
years.''.
SEC. 7. GAO STUDY OF MICROENTERPRISE PARTICIPATION.
Not later than 120 days after the date of enactment of this Act,
the Comptroller General of the United States shall conduct a study and
submit to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report on--
(1) the operations (including services provided, structure,
size, and area of operation) of a representative sample of--
(A) intermediaries that are eligible to participate
in the microloan program and that do participate; and
(B) intermediaries (including those operated for
profit, operated as non-profits, and those affiliated
with a United States institution of higher learning)
that are eligible to participate in the microloan
program and that do not participate;
(2) the reasons why intermediaries described in paragraph
(1)(B) choose not to participate in the microloan program;
(3) recommendations on how to encourage increased
participation in the microloan program by intermediaries
described in paragraph (1)(B); and
(4) recommendations on how to decrease the costs associated
with participation in the microloan program for eligible
intermediaries. | . Microloan Modernization Act of 2015 (Sec. 2) This bill amends the Small Business Act with respect to the rule under the Small Business Administration (SBA) Microloan Program (assisting low-income individuals to start and operate a small business) that permits SBA-designated microloan intermediary lenders to expend up to 25% of the grant funds they receive from the SBA to provide information and technical assistance to small business concerns that are their prospective borrowers. (Sec. 3) The total amount of loans outstanding and committed to any particular intermediary (excluding outstanding grants) from the SBA business loan and investment fund is increased from $5 million to $6 million for the remaining years of the intermediary's participation in the program. (Sec. 4) The SBA must establish a process by which these microloan intermediaries may apply for, and the SBA may grant, a waiver of this 25/75 allocation. This rule shall require any waiver applicant to: specify how it will use the additional technical assistance, and make assurances that the intermediary will have sufficient funds to provide technical assistance to all of the intermediary's borrowers. (Sec. 5) An eligible intermediary may include lines of credit among the short-term, fixed rate loans it makes to startup, newly established, and growing small business concerns from SBA funds made available to the intermediary for working capital and the acquisition of materials, supplies, furniture, fixtures, and equipment. (Sec. 6) The SBA may not impose limitations on the repayment term of a loan by an intermediary to a small business or entrepreneur. This repayment term, however, may not exceed: 6 years for a loan of $10,000 or less, or 10 years for a loan greater than $10,000. (Sec. 7) The Government Accountability Office shall: compare the operations of a representative sample of eligible intermediaries that participate in the microloan program and of eligible intermediaries that do not, study the reasons why the latter do not participate, recommend how to encourage increased participation by intermediaries in the microloan program, and recommend how to decrease the associated costs for intermediary participation. | Microloan Modernization Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Education, Expansion, and
Development Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) While the Nurse Reinvestment Act (Public Law 107-205)
helped to increase applications to schools of nursing by 60
percent, schools of nursing have been unable to accommodate the
influx of interested students because they have an insufficient
number of nurse educators. It is estimated that--
(A) in the 2003-2004 school year--
(i) 61.5 percent of schools of nursing had
from 1 to 15 vacant faculty positions; and
(ii) an additional 30.9 percent of schools
of nursing needed additional faculty, but
lacked the resources needed to add more
positions; and
(B) 18,105 eligible candidates were denied
admission to schools of nursing in 2003, primarily due
to an insufficient number of faculty members.
(2) A growing number of nurses with doctoral degrees are
choosing careers outside of education. Over the last few years,
there has been a 12 percent increase in doctoral nursing
graduates seeking employment outside the education profession.
(3) The average age of nurse faculty at retirement is 62.5
years. With the average age of doctorally-prepared faculty
currently 53.5 years, a wave of retirements is expected within
the next 10 years.
(4) Master's and doctoral programs in nursing are not
producing a large enough pool of potential nurse educators to
meet the projected demand for nurses over the next 10 years. In
the 2003-2004 school year, graduations from master's programs
in nursing were down 2.5 percent or 251 graduates, and
graduations from doctoral programs decreased by 9.9 percent or
44 graduates.
(5) According to the February 2004 Monthly Labor Review of
the Bureau of Labor Statistics, more than 1,000,000 new and
replacement nurses will be needed by 2012.
SEC. 3. CAPITATION GRANTS TO INCREASE THE NUMBER OF NURSING FACULTY AND
STUDENTS.
(a) Grants.--Part D of title VIII of the Public Health Service Act
(42 U.S.C. 296p) is amended by adding at the end the following:
``SEC. 832. CAPITATION GRANTS.
``(a) In General.--For the purpose described in subsection (b), the
Secretary, acting through the Health Resources and Services
Administration, shall award a grant each fiscal year in an amount
determined in accordance with subsection (c) to each eligible school of
nursing that submits an application in accordance with this section.
``(b) Purpose.--A funding agreement for a grant under this section
is that the eligible school of nursing involved will expend the grant
to increase the number of nursing faculty and students at the school,
including by hiring new faculty, retaining current faculty, purchasing
educational equipment and audiovisual laboratories, enhancing clinical
laboratories, repairing and expanding infrastructure, or recruiting
students.
``(c) Grant Computation.--
``(1) Amount per student.--Subject to paragraph (2), the
amount of a grant to an eligible school of nursing under this
section for a fiscal year shall be the total of the following:
``(A) $1,800 for each full-time or part-time
student who is enrolled at the school in a graduate
program of education in nursing that--
``(i) leads to a master's degree, a
doctoral degree, or an equivalent degree; and
``(ii) prepares individuals to serve as
faculty through additional course work in
education and ensuring competency in an
advanced practice area.
``(B) $1,405 for each full-time or part-time
student who--
``(i) is enrolled at the school in a
program of education in nursing leading to the
degree of bachelor of science, bachelor of
nursing, or an equivalent degree; and
``(ii) has not more than 3 years of
academic credits remaining in the program.
``(C) $966 for each full-time or part-time student
who is enrolled at the school in a program of education
in nursing leading to an associate degree in nursing or
an equivalent degree.
``(2) Limitation.--In calculating the amount of a grant to
a school under paragraph (1), the Secretary may not make a
payment with respect to a particular student--
``(A) for more than 2 fiscal years in the case of a
student described in paragraph (1)(A) who is enrolled
in a graduate program of education in nursing leading
to a master's degree or an equivalent degree;
``(B) for more than 4 fiscal years in the case of a
student described in paragraph (1)(A) who is enrolled
in a graduate program of education in nursing leading
to a doctoral degree or an equivalent degree;
``(C) for more than 3 fiscal years in the case of a
student described in paragraph (1)(B); or
``(D) for more than 2 fiscal years in the case of a
student described in paragraph (1)(C).
``(d) Eligibility.--For purposes of this section, the term
`eligible school of nursing' means a school of nursing that--
``(1) is accredited by a nursing accrediting agency
recognized by the Secretary of Education;
``(2) has a passage rate on the National Council Licensure
Examination for Registered Nurses of not less than 80 percent
for each of the 3 school years preceding submission of the
grant application; and
``(3) has a graduation rate (based on the number of
students in a class who graduate relative to, for a
baccalaureate program, the number of students who were enrolled
in the class at the beginning of junior year or, for an
associate degree program, the number of students who were
enrolled in the class at the end of the first year) of not less
than 80 percent for each of the 3 school years preceding
submission of the grant application.
``(e) Requirements.--The Secretary may award a grant under this
section to an eligible school of nursing only if the school gives
assurances satisfactory to the Secretary that, for each school year for
which the grant is awarded, the school will comply with the following:
``(1) The school will maintain a passage rate on the
National Council Licensure Examination for Registered Nurses of
not less than 80 percent.
``(2) The school will maintain a graduation rate (as
described in subsection (d)(3)) of not less than 80 percent.
``(3)(A) Subject to subparagraphs (B) and (C), the first-
year enrollment of full-time nursing students in the school
will exceed such enrollment for the preceding school year by 5
percent or 5 students, whichever is greater.
``(B) Subparagraph (A) does not apply to the first school
year for which a school receives a grant under this section.
``(C) With respect to any school year, the Secretary may
waive application of subparagraph (A) if--
``(i) the physical facilities at the school
involved limit the school from enrolling additional
students; or
``(ii) the school has increased enrollment in the
school (as described in subparagraph (A)) for each of
the 2 preceding school years.
``(4) Not later than 1 year after receipt of the grant, the
school will formulate and implement a plan to accomplish at
least 2 of the following:
``(A) Establishing or significantly expanding an
accelerated baccalaureate degree nursing program
designed to graduate new nurses in 12 to 18 months.
``(B) Establishing cooperative intradisciplinary
education among schools of nursing with a view toward
shared use of technological resources, including
information technology.
``(C) Establishing cooperative interdisciplinary
training between schools of nursing and schools of
allied health, medicine, dentistry, osteopathy,
optometry, podiatry, pharmacy, public health, or
veterinary medicine, including training for the use of
the interdisciplinary team approach to the delivery of
health services.
``(D) Integrating core competencies on evidence-
based practice, quality improvements, and patient-
centered care.
``(E) Increasing admissions, enrollment, and
retention of qualified individuals who are financially
disadvantaged.
``(F) Increasing enrollment of minority and diverse
student populations.
``(G) Increasing enrollment of new graduate
baccalaureate nursing students in graduate programs
that educate nurse faculty members.
``(H) Developing post-baccalaureate residency
programs to prepare nurses for practice in specialty
areas where nursing shortages are most severe.
``(I) Increasing integration of geriatric content
into the core curriculum.
``(J) Partnering with economically disadvantaged
communities to provide nursing education.
``(K) Expanding the ability of nurse managed health
centers to provide clinical education training sites to
nursing students.
``(5) The school will submit an annual report to the
Secretary that includes updated information on the school with
respect to student enrollment, student retention, graduation
rates, passage rates on the National Council Licensure
Examination for Registered Nurses, the number of graduates
employed as nursing faculty or nursing care providers within 12
months of graduation, and the number of students who are
accepted into graduate programs for further nursing education.
``(6) The school will allow the Secretary to make on-site
inspections, and will comply with the Secretary's requests for
information, to determine the extent to which the school is
complying with the requirements of this section.
``(g) Reports to Congress.--The Secretary shall evaluate the
results of grants under this section and submit to the Congress--
``(1) not later than 18 months after the date of the
enactment of this section, an interim report on such results;
and
``(2) not later than the end of fiscal year 2007, a final
report on such results.
``(h) Application.--To seek a grant under this section, a school
nursing shall submit an application to the Secretary at such time, in
such manner, and containing such information and assurances as the
Secretary may require.
``(i) Authorization of Appropriations.--
``(1) In general.--For the costs of carrying out this
section (except the costs described in paragraph (2)), there
are authorized to be appropriated $75,000,000 for fiscal year
2005, $85,000,000 for fiscal year 2006, and $95,000,000 for
fiscal year 2007.
``(2) Administrative costs.--For the costs of administering
this section, including the costs of evaluating the results of
grants and submitting reports to the Congress, there are
authorized to be appropriated such sums as may be necessary for
each of fiscal years 2005, 2006, and 2007.''.
(b) GAO Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study and submit a report to the
Congress on ways to increase participation in the nurse faculty
profession.
(2) Contents of report.--The report required by paragraph
(1) shall include the following:
(A) A discussion of the master's degree and
doctoral degree programs that are successful in placing
graduates as faculty in schools of nursing.
(B) An examination of compensation disparities
throughout the nursing profession and compensation
disparities between higher education instructional
faculty generally and higher education instructional
nursing faculty. | Nurse Education, Expansion, and Development Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Health Resources and Services Administration, to award a grant to each eligible school of nursing to increase the number of nursing faculty and students at the school.
Requires such schools to formulate and implement a plan to accomplish at least two of specified goals, which include: (1) establishing or significantly expanding an accelerated baccalaureate degree nursing program designed to graduate new nurses in 12 to 18 months; (2) establishing cooperative interdisciplinary training between schools of nursing and other specified health related fields; (3) increasing admissions, enrollment, and retention of qualified individuals who are financially disadvantaged; (4) increasing enrollment of minority and diverse student populations; (5) increasing enrollment of new graduate baccalaureate nursing students in graduate programs that educate nurse faculty members; (6) developing post-baccalaureate residency programs to prepare nurses for practice in specialty areas where nursing shortages are more severe; and (7) increasing integration of geriatric content into the core curriculum.
Requires the Comptroller General of the United States to study ways to increase participation in the nurse faculty profession and to submit a report to Congress that includes: (1) a discussion of the master's degree and doctoral degree programs that are successful in placing graduates as faculty in schools of nursing; and (2) an examination of compensation disparities throughout the nursing profession and between higher education instructional faculty generally and higher education instructional nursing faculty. | To amend the Public Health Service Act to authorize capitation grants to increase the number of nursing faculty and students, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Women's Business Council
Reauthorization Act of 2000''.
SEC. 2. DUTIES OF THE COUNCIL.
Section 406 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``SEC. 406. DUTIES OF THE COUNCIL.
``(a) In General.--The Council shall--
``(1) provide advice and counsel to the President and to
the Congress on economic matters of importance to women
business owners;
``(2) promote initiatives designed to increase access to
capital and to markets, training and technical assistance,
research, resources, and leadership opportunities for and about
women business owners;
``(3) provide a source of information and a catalyst for
action to support women's business development;
``(4) promote the implementation of the policy agenda,
initiatives and recommendations issued at Summit '98, the
National Women's Economic Forum;
``(5) review, coordinate, and monitor plans and programs
developed in the public and private sectors that affect the
ability of women-owned small business concerns to obtain
capital and credit;
``(6) work with--
``(A) the Federal agencies for the purpose of
assisting them in meeting the 5 percent women's
procurement goal established under section 15(g) of the
Small Business Act; and
``(B) the private sector in increasing contracting
opportunities for women-owned small business concerns;
``(7) promote and assist in the development of a women's
business census and other statistical surveys of women-owned
small business concerns;
``(8) support new and ongoing research on women-owned small
business concerns;
``(9) monitor and promote the plans, programs, and
operations of the departments and agencies of the Federal
Government that may contribute to the establishment and growth
of women's business enterprise;
``(10) develop and promote new initiatives, policies,
programs, and plans designed to foster women's business
enterprise; and
``(11) advise and consult with State and local leaders to
develop and implement programs and policies that promote
women's business ownership.
``(b) Interaction With the Interagency Committee on Women's
Business Enterprise.--The Council shall--
``(1) advise the Interagency Committee on Women's Business
Enterprise (in this section referred to as the `Committee') on
matters relating to the activities, functions, and policies of
the Committee, as provided in this title; and
``(2) meet jointly with the Committee at the discretion of
the chairperson of the Council and the chairperson of the
Committee, but not less frequently than biannually.
``(c) Meetings.--The Council shall meet separately at such times as
the Council deems necessary. A majority of the members of the Council
shall constitute a quorum for the approval of recommendations or
reports issued pursuant to this section.
``(d) Recommendations and Reports.--
``(1) In general.--Not later than 90 days after the last
day of each fiscal year, the Council shall--
``(A) make recommendations for consideration by the
Committee; and
``(B) submit a report to the President, the
Committee, the Administrator, the Committee on Small
Business of the Senate, and the Committee on Small
Business of the House of Representatives, as described
in paragraph (2).
``(2) Contents of reports.--The reports required by
paragraph (1) shall contain--
``(A) a detailed description of the activities of
the Council during the preceding fiscal year, including
a status report on the progress of the Council toward
meeting its duties under subsections (a);
``(B) the findings, conclusions, and
recommendations of the Council concerning; and
``(C) the recommendations of the Council for such
legislation and administrative actions as the Council
considers appropriate to promote the development of
small business concerns owned and controlled by women.
``(e) Separate Submissions.--The Administrator shall submit any
additional, concurring, or dissenting views or recommendations to the
President, the Committee, and the Congress separately from any
recommendations or report submitted by the Council under this
subsection.''.
SEC. 3. MEMBERSHIP OF THE COUNCIL.
Section 407 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended--
(1) in subsection (a), by striking ``Not later'' and all
that follows through ``the President'' and inserting ``The
President'';
(2) in subsection (b)--
(A) by striking ``Not later'' and all that follows
through ``the Administrator'' and inserting ``The
Administrator''; and
(B) by striking ``the Assistant Administrator of
the Office of Women's Business Ownership and'';
(3) in subsection (d), by striking ``, except that'' and
all that follows through the end of the subsection and
inserting a period; and
(4) in subsection (h), by striking ``Not later'' and all
that follows through ``the Administrator'' and inserting ``The
Administrator''.
SEC. 4. REPEAL OF PROCUREMENT PROJECT; STATE AND LOCAL ECONOMIC
NETWORKS.
Section 409 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``SEC. 409. STATE AND LOCAL ECONOMIC NETWORKS.
``The Council shall work with State and local officials and
business leaders to develop the infrastructure for women's business
enterprise for the purpose of increasing women's effectiveness in
shaping the economic agendas of their States and communities.''.
SEC. 5. STUDIES AND OTHER RESEARCH.
Section 410 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``SEC. 410. STUDIES, OTHER RESEARCH, AND ISSUE INITIATIVES.
``(a) In General.--
``(1) Authority.--The Council may, as it determines to be
appropriate, conduct such studies, research, and issue
initiatives relating to--
``(A) the award of Federal, State, local, and
private sector prime contracts and subcontracts to
women-owned businesses; and
``(B) access to credit and investment capital by
women entrepreneurs, and business development
assistance programs, including the identification of
best practices.
``(2) Purposes.--Studies, research, and issue initiatives
may be conducted under paragraph (1) for purposes including--
``(A) identification of several focused outreach
initiatives in nontraditional industry sectors for the
purpose of increasing contract awards to women in those
areas;
``(B) supporting the growth and proliferation of
programs designed to prepare women to successfully
access the equity capital markets;
``(C) continuing to identify and report on
financial best practices that have worked to increase
credit and capital availability to women business
owners; and
``(D) working with Women's Business Centers to
develop programs and coordinate activities.
``(b) Contract Authority.--In conducting any study or other
research under this section, the Council may contract with 1 or more
public or private entities.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 411 of the Women's Business Ownership Act of 1988 (15
U.S.C. 631 note) is amended to read as follows:
``SEC. 411. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this title $1,000,000, for each of fiscal years 2001 through 2003,
of which $550,000 shall be available in each such fiscal year to carry
out sections 409 and 410.
``(b) Budget Review.--No amount made available under this section
for any fiscal year may be obligated or expended by the Council before
the date on which the Council reviews and approves the operating budget
of the Council to carry out the responsibilities of the Council for
that fiscal year.''. | Repeals deadline dates for the appointment of a Council chairperson, executive director, and members.
Repeals a required Council study on the award of Federal prime contracts and subcontracts to women-owned businesses. Directs the Council to work with State and local officials and business leaders to develop the infrastructure for women's business enterprise so as to increase women's effectiveness in shaping the economic agendas of their States and communities.
Extends through FY 2003 the authorization of appropriations for Council activities. | National Women's Business Council Reauthorization Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Loan Guarantee Act
of 2001''.
SEC. 2. RENEWABLE ENERGY SOURCE LOAN GUARANTEES.
(a) Definitions.--For purposes of this section:
(1) Board.--The term ``Board'' means the Loan Guarantee
Board established by subsection (b)(2).
(2) Incremental hydropower.--The term ``incremental
hydropower'' means additional generating capacity achieved from
increased efficiency at a non-Federal hydroelectric facility in
existence on January 1, 2001, and licensed by the Federal
Energy Regulatory Commission.
(3) Program.--The term ``Program'' means the Renewable
Energy Source Facility Guaranteed Loan Program established by
subsection (b)(1).
(4) Qualified renewable energy source facility.--The term
``qualified renewable energy source facility'' means a facility
that generates electric energy for sale in, or affecting,
interstate commerce using solar, wind, biomass, landfill gas,
incremental hydropower, or geothermal energy.
(b) Renewable Energy Source Facility Guaranteed Loan Program.--
(1) In general.--There is established the Renewable Energy
Source Facility Guaranteed Loan Program, the purpose of which
shall be to provide loan guarantees for qualified renewable
energy source facilities in accordance with this section.
(2) Loan guarantee board.--There is established to
administer the Program a Loan Guarantee Board, to be composed
of--
(A) the Secretary of Energy, or the Secretary's
designee, who shall serve as Chairman of the Board;
(B) the Secretary of Commerce, or the Secretary's
designee;
(C) the Chairman of the Board of Governors of the
Federal Reserve System, or the Chairman's designee; and
(D) the Secretary of the Treasury, or the
Secretary's designee.
(c) Authority.--
(1) In general.--The Program may guarantee loans provided
for qualified renewable energy source facilities by private
banking and investment institutions in accordance with
procedures, rules, and regulations established by the Board.
The Board shall ensure that small businesses receive an
appropriate amount and number of loan guarantees under the
Program, consistent with applicable laws and goals for small
business participation in Federal programs.
(2) Total guarantee limit.--The aggregate amount of loans
guaranteed and outstanding at any one time under this section
shall not exceed $750,000,000.
(3) Expeditious action on applications.--The Board shall
approve or deny an application for a guarantee under this
section as soon as practicable after receipt of an application.
(d) Requirements for Loan Guarantees.--The Board may issue a loan
guarantee on application by the owner or operator of a qualified
renewable energy source facility under an agreement by a private bank
or investment company to provide a loan for the qualified renewable
energy source facility, if the Board determines that--
(1) credit is not otherwise available to the owner or
operator under reasonable terms or conditions sufficient to
meet its financing needs, as reflected in the financial and
business plans of the owner or operator;
(2) the prospective earning power of the owner or operator
of the facility, together with the character and value of the
security pledged, provide a reasonable assurance of repayment
of the loan to be guaranteed in accordance with its terms; and
(3) the loan to be guaranteed bears interest at a rate
determined by the Board to be reasonable, taking into account
the current average yield on outstanding obligations of the
United States with remaining periods of maturity comparable to
the maturity of the loan.
(e) Terms and Conditions of Loan Guarantees.--
(1) Loan duration.--All loans guaranteed under this section
shall be repayable in full not later than December 31, 2025,
and the terms and conditions of each such loan shall provide
that the loan agreement may not be amended, or any provision of
the loan agreement waived, without the consent of the Board.
(2) Loan security.--A commitment to issue a loan guarantee
under this section shall contain such affirmative and negative
covenants and other protective provisions as the Board
determines are appropriate. The Board shall require security
for the loans to be guaranteed under this section at the time
at which the commitment is made.
(3) Fees.--The owner or operator of a qualified renewable
energy source facility receiving a loan guarantee under this
section shall pay a fee to the Department of the Treasury to
cover costs of the Program, but in no event shall such fee
exceed an amount equal to 0.5 percent of the outstanding
principal balance of the guaranteed loan.
(4) Audits.--The General Accounting Office shall audit,
before issuance of a loan guarantee under this section, and
once every 2 years while the guaranteed loan is outstanding,
the owner or operator of the facility with respect to which the
loan guarantee is issued.
(f) Reports.--During each fiscal year until each guaranteed loan
has been repaid in full, the Secretary of Energy shall submit to
Congress a report on the activities of the Board. | Renewable Energy Loan Guarantee Act of 2001 - Establishes the: (1) Renewable Energy Source Facility Guaranteed Loan Program to guarantee loans provided by private banking and investment institutions for qualified renewable energy source facilities; and (2) a Loan Guarantee Board to administer the Program. Sets forth loan guarantee terms and conditions. | To establish a loan guarantee program for renewable energy source facilities. |
SECTION 1. CREDIT FOR INTEREST ON EDUCATION LOANS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. INTEREST ON EDUCATION LOANS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 15 percent of the interest paid
by the taxpayer during the taxable year on any qualified education
loan.
``(b) Maximum Credit.--The credit allowed by subsection (a) for the
taxable year shall not exceed $300.
``(c) Limitation on Taxpayers Eligible for Credit.--No credit shall
be allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
``(d) Limit on Period Credit Allowed.--
``(1) Taxpayer and taxpayer's spouse.--Except as provided
in paragraph (2), a credit shall be allowed under this section
only with respect to interest paid on any qualified education
loan during the first 48 months (whether or not consecutive) in
which interest payments are required. For purposes of this
paragraph, any loan and all refinancings of such loan shall be
treated as 1 loan.
``(2) Dependent.--If the qualified education loan was used
to pay education expenses of an individual other than the
taxpayer or the taxpayer's spouse, a credit shall be allowed
under this section for any taxable year with respect to such
loan only if--
``(A) a deduction under section 151 with respect to
such individual is allowed to the taxpayer for such
taxable year, and
``(B) such individual is at least a half-time
student with respect to such taxable year.
``(e) Definitions.--For purposes of this section--
``(1) Qualified education loan.--The term `qualified
education loan' means any indebtedness incurred to pay
qualified higher education expenses--
``(A) which are incurred on behalf of the taxpayer,
the taxpayer's spouse, or a dependent of the taxpayer,
``(B) which are paid or incurred within a
reasonable period of time before or after the
indebtedness is incurred, and
``(C) which are attributable to education furnished
during a period during which the recipient was at least
a half-time student.
Such term includes indebtedness used to refinance indebtedness
which qualifies as a qualified education loan. The term
`qualified education loan' shall not include any indebtedness
owed to a person who is related (within the meaning of section
267(b) or 707(b)(1)) to the taxpayer.
``(2) Qualified higher education expenses.--The term
`qualified higher education expenses' means the cost of
attendance (as defined in section 472 of the Higher Education
Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before
the date of the enactment of this Act) of the taxpayer, the
taxpayer's spouse, or a dependent of the taxpayer at an
eligible educational institution. For purposes of the preceding
sentence, the term `eligible educational institution' has the
same meaning given such term by section 135(c)(3), except that
such term shall also include an institution conducting an
internship or residency program leading to a degree or
certificate awarded by an institution of higher education, a
hospital, or a health care facility which offers postgraduate
training.
``(3) Half-time student.--The term `half-time student'
means any individual who would be a student as defined in
section 151(c)(4) if `half-time' were substituted for `full-
time' each place it appears in such section.
``(4) Dependent.--The term `dependent' has the meaning
given such term by section 152.
``(f) Special Rules.--
``(1) Denial of double benefit.--No credit shall be allowed
under this section for any amount for which a deduction is
allowable under any other provision of this chapter.
``(2) Marital status.--Marital status shall be determined
in accordance with section 7703.''
(b) Optional Deduction for Interest on Education Loans.--Paragraph
(2) of section 163(h) of the Internal Revenue Code of 1986 (defining
personal interest) is amended by striking ``and'' at the end of
subparagraph (D), by redesignating subparagraph (E) as subparagraph
(F), and by inserting after subparagraph (D) the following new
subparagraph:
``(E) any interest paid on a qualified education
loan (as defined in section 23(e)) during the period
described in section 23(d), unless a credit or
deduction is taken with respect to such interest under
any other provisions of this chapter, and''.
(c) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 22 the
following new item:
``Sec. 23. Interest on education loans.''
(d) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 23(e) of
the Internal Revenue Code of 1986, as added by this section) incurred
on, before, or after July 1, 1993, but only with respect to any loan
interest payment due after June 30, 1993, and before the termination of
the period described in section 23(d)(1) of such Code. | Amends the Internal Revenue Code to allow a tax credit for interest paid or incurred on any qualified education loan during the first 48 months (whether or not consecutive) for which interest payments are required to be made. Limits such credit to $300.
Allows such tax credit to parents only if the dependent is a student and a personal exemption is claimed for such dependent student.
Excludes interest paid on education loans from the definition of "personal interest" (thus, allowing a deduction to be taken) unless a credit or deduction with respect to such interest is taken. | A bill to amend the Internal Revenue Code of 1986 to allow a credit for interest paid on education loans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Incentives to Educate American
Children Act of 2011'' or the ``I Teach Act of 2011''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) As a result of retirements and decreasing retention of
beginning teachers, classrooms are filled with less experienced
teachers. The most common number of years of teaching
experience for public school teachers has decreased from 15
years experience in 1987-1988 to just 1 year teaching
experience in the most recent data for 2007-2008. Students
deserve teachers with more experience and training.
(2) Recent research confirms that additional years of
teaching experience at the same grade level (up to 20 years)
add a direct positive impact on student achievement.
(3) The most recent data (2007-2008) from the National
Center for Education Statistics find 32 percent of America's
public schools are in rural school districts, and the increased
transportation costs these school districts face mean they have
less money for instructional costs and salaries. Department of
Education data show that rural school districts have the lowest
base salaries for starting teachers and this continues as
teachers move to the top of the local salary range. Rural
schools face these challenges in all States.
(4) A 2009 study by the Education Trust reports that high
poverty high schools are twice as likely not to have teachers
certified in their fields than low poverty schools. The same
study found the percentage of first year teachers to be higher
in high poverty schools in cities, suburbs, and small towns.
Rural schools have first year teacher rates above the national
average regardless of poverty rate.
(5) The National Board for Professional Teaching Standards
was founded in 1987 as a follow up to the landmark 1983 report,
``A Nation at Risk'', by the Carnegie Task Force on Teaching.
The National Board for Professional Teaching Standards is an
independent, nonprofit, and nonpartisan organization the
mission of which is to establish high and rigorous standards
for what accomplished teachers should know and be able to do.
(6) Nearly 91,000 teachers from all 50 States and the
District of Columbia have completed certification by the
National Board for Professional Teaching Standards, where
certification is a rigorous assessment process for teachers.
(7) In 2008, the National Research Council (NRC) of the
National Academies affirmed that students taught by National
Board certified teachers make higher gains on achievement tests
than those taught by teachers who have not applied for or have
not achieved certification.
(8) A recent study by the Economic Policy Institute found
that public school teachers earn significantly less than other
college graduates. The study found teachers were paid on
average only 77 percent as much as other college graduates and
the disparity is growing.
(b) Purposes.--The purposes of this Act are as follows:
(1) To encourage teachers, through a refundable tax credit,
to work in public elementary and secondary schools located in
rural areas or schools with high poverty.
(2) To provide an additional tax credit to teachers who
achieve certification from the National Board for Professional
Teaching Standards in order to recruit and retain highly
qualified teachers in public elementary and secondary schools.
SEC. 3. REFUNDABLE TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY
AND SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL
AREAS AND CERTIFIED TEACHERS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36C the following new section:
``SEC. 36D. TAX CREDIT FOR INDIVIDUALS TEACHING IN ELEMENTARY AND
SECONDARY SCHOOLS LOCATED IN HIGH POVERTY OR RURAL AREAS
AND CERTIFIED TEACHERS.
``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the applicable amount
for the eligible academic year ending during such taxable year.
``(b) Applicable Amount.--For purposes of this section--
``(1) Teachers in schools in rural areas or schools with
high poverty.--
``(A) In general.--In the case of an eligible
teacher who performs services in a public kindergarten
or a public elementary or secondary school described in
subparagraph (B) during the eligible academic year, the
applicable amount is $1,000.
``(B) School described.--A public kindergarten or a
public elementary or secondary school is described in
this subparagraph if--
``(i) at least 75 percent of the students
attending such kindergarten or school receive
free or reduced-cost lunches under the school
lunch program established under the Richard B.
Russell National School Lunch Act, or
``(ii) such kindergarten or school has a
School Locale Code of 41, 42, or 43, as
determined by the Secretary of Education.
``(2) Certified teachers.--In the case of an eligible
teacher who is certified by the National Board for Professional
Teaching Standards for the eligible academic year, the
applicable amount is $1,000.
``(3) Certified teachers in schools in rural areas or
schools with high poverty.--In the case of an eligible teacher
described in paragraphs (1) and (2), the applicable amount is
$2,000.
``(c) Eligible Teacher.--For purposes of this section, the term
`eligible teacher' means, for any eligible academic year, an individual
who is a kindergarten through grade 12 classroom teacher or instructor
in a public kindergarten or a public elementary or secondary school on
a full-time basis for such eligible academic year.
``(d) Additional Definitions.--For purposes of this section--
``(1) Elementary and secondary schools.--The terms
`elementary school' and `secondary school' have the respective
meanings given such terms by section 9101 of the Elementary and
Secondary Education Act of 1965.
``(2) Eligible academic year.--The term `eligible academic
year' means any academic year ending in a taxable year
beginning after December 31, 2011.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36D,'' after ``36C,''.
(2) 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 36C
the following new item:
``Sec. 36D. Tax credit for individuals teaching in elementary and
secondary schools located in high poverty
or rural areas and certified teachers.''.
(c) Effective Date.--The amendments made by this section shall
apply to academic years ending in taxable years beginning after
December 31, 2011. | Incentives to Educate American Children Act of 2011 or the I Teach Act of 2011- Amends the Internal Revenue Code to permit a refundable tax credit of $1,000 for: (1) teachers in public elementary or secondary schools or public kindergartens in rural areas or areas with high poverty; and (2) teachers certified by the National Board for Professional Teaching Standards. Increases such credit to $2,000 for a teacher meeting both requirements. | A bill to amend the Internal Revenue Code of 1986 to provide a tax incentive to individuals teaching in elementary and secondary schools located in rural or high unemployment areas and to individuals who achieve certification from the National Board for Professional Teaching standards. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Country Educational
Empowerment Zone Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A unique legal and political relationship exists
between the United States and Indian tribes that is reflected
in article I, section 8, clause 3 of the Constitution, various
treaties, Federal statutes, Supreme Court decisions, executive
agreements, and course of dealing.
(2) Native Americans continue to rank at the bottom of
nearly every indicator of social and economic well-being in
America:
(A) Unemployment rates average near 50 percent in
Indian country and hover well over 90 percent on many
reservations.
(B) While the national poverty rate is only 11
percent, over 26 percent of all Native Americans live
in poverty.
(C) In addition, Native Americans have some of the
lowest levels of educational attainment in the United
States.
(3) Numerous external efforts at economic development in
Indian Country have proven unsuccessful. The most successful
efforts have been initiated from within the Native communities
themselves. Efforts that empower the communities and give them
the tools to make their own decisions should be encouraged and
pursued.
(4) Educational achievement continues to be a cyclical
obstacle to economic development in Indian Country. Businesses
are often unwilling to locate to Indian Country because of the
lack of an educated workforce. Over a quarter of all Americans
have a bachelors degree or higher. However, only 12 percent of
all Native Americans nationwide have such a degree, and only 6
percent of those who actually live in Indian Country have a
bachelors or higher. Once Natives are finally able to obtain
higher education, many are not able to return to their
communities because there are no jobs. There needs to be an
intervening factor to help break this damaging cycle.
SEC. 3. LOAN FORGIVENESS FOR EMPLOYMENT IN INDIAN COUNTRY.
Part B of title IV of the Higher Education Act of 1965 is amended
by inserting after section 428K (20 U.S.C. 1078-11) the following:
``SEC. 428L. LOAN FORGIVENESS FOR EMPLOYMENT IN INDIAN COUNTRY.
``(a) Purpose.--It is the purpose of this section--
``(1) to dramatically increase in the number of individuals
with higher education degrees working within and for Indian
country;
``(2) to facilitate economic growth and development in
Indian country, and promote Tribal sovereignty;
``(3) to encourage members of Indian tribes with higher
education degrees to return to Indian country;
``(4) to encourage the long-term retention of educated
individuals in Indian country; and
``(5) to encourage public service in Indian country, and to
encourage investment in Indian country through an increase in
the education level of the available workforce.
``(b) Program Authorized.--
``(1) In general.--From the funds appropriated under
subsection (g), the Secretary shall carry out a program of
assuming the obligation to repay, pursuant to subsection (c), a
loan made, insured, or guaranteed under this part or part D
(excluding loans made under sections 428B and 428C, or
comparable loans made under part D) for any borrower, who--
``(A) obtains or has obtained a bachelor's or
graduate degree from an institution of higher
education; and
``(B) obtains employment in Indian country.
``(2) Award basis; priority.--
``(A) Award basis.--Subject to subparagraph (B),
loan repayment under this section shall be on a first-
come, first-served basis, and subject to the
availability of appropriations.
``(B) Priorities.--The Secretary shall, by
regulation, establish a system for giving priority in
providing loan repayment under this section to
individual based on the following factors:
``(i) The level of poverty in the locality
within Indian country where the individual is
employed.
``(ii) Whether the individual is an
enrolled member of an Indian tribe.
``(iii) Whether such enrolled member is
performing employment in the Indian country of
the Indian tribe in which they are enrolled.
``(iv) The ratio of the individual's
student loan debt to the individual's annual
income.
``(v) Whether the individual's employer
will provide an additional amount or a matching
percentage for student loan repayment for the
individual.
``(3) Outreach.--The Secretary shall post a notice on a
Department Internet web site regarding the availability of loan
repayment under this section, and shall notify institutions of
higher education (including Tribal Colleges and Universities)
and the Bureau of Indian Affairs regarding the availability of
loan repayment under this section.
``(c) Qualified Loan Amounts.--
``(1) Percentages.--Subject to paragraph (2), the Secretary
shall assume or cancel the obligation to repay under this
section--
``(A) 15 percent of the amount of all loans made,
insured, or guaranteed after the date of enactment of
the Indian Country Educational Empowerment Zone Act to
a student under part B or D, for each of the first and
second years of employment in Indian country;
``(B) 20 percent of such total amount, for each of
the third and fourth years of such employment; and
``(C) 30 percent of such total amount, for the
fifth year of such employment.
``(2) Maximum.--The Secretary shall not repay or cancel
under this section more than--
``(A) for any student with a bachelor's degree, but
without a graduate degree, $20,000 in the aggregate of
loans made, insured, or guaranteed under parts B and D;
and
``(B) for any student with a graduate degree,
$20,000 of such loans for each year of employment.
``(3) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a loan made, insured, or
guaranteed under part B or D for a borrower who meets the
requirements of subsection (b)(1), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Additional Requirements.--
``(1) No refunding of previous payments.--Nothing in this
section shall be construed to authorize the refunding of any
repayment of a loan made under this part or part D.
``(2) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
``(3) Double benefits prohibited.--
``(A) Ineligibility of national service award
recipients.--No student borrower may, for the same
service, receive a benefit under both this section and
subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.).
``(B) Double forgiveness.--No student borrower may,
for the same service, receive a benefit under both this
section and section 428J, 428K, or 460 of this Act or
section 108 of the Indian Health Care Improvement Act
(25 U.S.C. 1616a).
``(4) Repayment to eligible lenders.--The Secretary shall
pay to each eligible lender or holder for each fiscal year an
amount equal to the aggregate amount of loans which are subject
to repayment pursuant to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require. Such application shall contain verification from the
employer of the employment in Indian country.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each year of
employment in Indian country. The borrower shall receive
forbearance while engaged in such employment unless the
borrower is in deferment while so engaged.
``(f) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2005, and such sums as may be necessary for each of the 4 succeeding
fiscal years.
``(h) Definition of Indian Tribe.--In this section, the term
`Indian tribe' means any Indian tribe, band, nation, or other organized
group or community, including any Alaska Native village, which is
recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians.''. | Indian Country Educational Empowerment Zone Act -Amends the Higher Education Act of 1965 to authorize the Secretary of the Interior to carry out a program of repaying the student loans for any borrower who obtains employment in Indian country. | To facilitate economic growth and development and to promote Tribal sovereignty, by encouraging a dramatic increase in the number of individuals with higher education degrees working within and for Indian Country. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Infrastructure Development and
Partnerships Act''.
SEC. 2. RURAL PARTNERSHIPS OFFICE.
(a) Establishment.--There is established in the Department of
Agriculture a Rural Partnerships Office (in this section referred to as
the ``Office'').
(b) Head of Office.--The Office shall be headed by a Director
appointed by the President.
(c) Direct Reporting to Secretary of Agriculture.--The Director
shall report directly to the Secretary of Agriculture (in this section
referred to as the ``Secretary'').
(d) Duties.--The Secretary, through the Rural Partnerships Office,
shall do the following:
(1) Rural partners program.--Establish and run a program to
provide technical assistance to improve delivery, financing,
operations, and maintenance of rural infrastructure, as
follows:
(A) Through a competitive process, select not more
than 5 organizations to serve as ``on-call'' providers
of on-site technical assistance to rural communities.
(B) Solicit applications from rural communities for
technical assistance with infrastructure planning,
asset management, life-cycle accounting, project
delivery, financing, regional coordination, and project
oversight.
(C) Require an application for technical assistance
from the program to include only a statement of the
type of assistance requested, and of how the applicant
believes the assistance would improve rural
infrastructure, and any other information necessary to
demonstrate the ability of the rural community to
participate in the program.
(D) Involve the Rural Liaison in each relevant
Federal agency in the review of each application for
technical assistance from the program.
(E) Assign a technical assistance team to each
applicant for technical assistance from the program
whose application is approved by the Secretary, which
shall provide the assistance for a period of not more
than 2 years, with the goal that technical assistance
personnel will be on-site in the rural community for a
significant portion of that period, and require the
team to submit to the Secretary and the Rural Liaison
in each relevant Federal agency quarterly reports which
summarize the activities of, and progress made by, the
team during the quarter, including an accounting of for
how much time the team spent in the community.
(F) Coordinate the program with the Rural Water and
Wastewater Circuit Rider Program carried out under
section 306(a)(22) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(22)), technical
assistance provided out under section 1442 of the Safe
Drinking Water Act (42 U.S.C. 300j-1), the program for
assistance for capacity building for community
development and affordable housing under section 4 of
the HUD Demonstration Act of 1993 (42 U.S.C. 9816
note), and any other activities under which technical
assistance may be provided so as to affect rural
infrastructure, in order to avoid duplication of
effort.
(2) Best practices clearinghouse.--Establish an online
clearinghouse of best practices specifically targeted to rural
infrastructure planning, asset management, life-cycle
accounting, project delivery, funding and financing, regional
coordination, and project oversight, including resources
prepared by Federal agencies and other sources.
(3) Grants.--Make grants to assist rural communities in
developing cost-effective infrastructure projects, with
particular focus on regionally coordinated or bundled projects,
and require an application for such a grant to include only
such documentation as is necessary to demonstrate the potential
for a viable project, and to be submitted by the State, local,
or regional governmental entity with primary responsibility for
the project.
(4) Coordination of rural liasions.--Facilitate
coordination of the Rural Liaisons to develop, to the extent
practical, common guidelines for rural funding or financing
programs at the various Federal agencies, as well as to
identify opportunities to work across agencies to support rural
infrastructure needs.
(5) Annual reports.--Within 60 days after the end of each
fiscal year, publish an annual report on the activities of the
Office during the preceding fiscal year, including the status
of activities funded or assisted under the technical assistance
program, and submit a copy of the report to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate.
SEC. 3. RURAL LIAISONS.
(a) Designation in Each Federal Agency.--The head of each Federal
agency that provides financial assistance to a rural community for an
activity related to rural infrastructure, shall designate a Rural
Liaison in the agency.
(b) Duties.--The Rural Liaison in a Federal agency shall do the
following:
(1) Review regulations of, guidance provided by, and
procedures of the agency to identify any that present a
hardship for a rural community, and recommend ways to alleviate
the hardship.
(2) Participate in the review of applications referred to
in section 2(d)(1)(C).
(3) Serve as an ombudsperson for any rural community to
which the agency is providing financial assistance, to help
address issues and resolve problems.
(4) Meet regularly with other Rural Liaisons to coordinate
efforts and identify ways to work together to support rural
infrastructure needs.
SEC. 4. DEFINITIONS.
In this Act:
(1) Relevant federal agency.--The term ``relevant Federal
agency'' means, with respect to an application for technical
assistance, each Federal agency that provides financial
assistance to a rural community for an activity related to
rural infrastructure with respect to which the technical
assistance is sought.
(2) Rural area.--The term ``rural area'' means any area
located outside an urbanized area (as defined by the Bureau of
the Census) with a population of 50,000 or more.
(3) Rural community.--The term ``rural community'' means
any community located in a rural area.
(4) Rural infrastructure.--The term ``rural
infrastructure'' means surface, maritime, air transportation,
water, wastewater, broadband, and energy facilities and
operations, and public buildings, including schools, in a rural
area. | Rural Infrastructure Development and Partnerships Act This bill establishes within the Department of Agriculture a Rural Partnerships Office to be headed by a director appointed by the President. The duties of the office include: establishing and running a program to provide technical assistance to improve delivery, financing, operations, and maintenance of rural infrastructure; establishing an online clearinghouse of best practices; providing grants to assist rural communities in developing cost-effective infrastructure projects; and coordinating activities of rural liaisons to develop guidelines for rural funding or financing programs at federal agencies and identify opportunities to work across agencies. The bill also requires each federal agency that provides financial assistance to a rural community for an activity related to rural infrastructure to designate a rural liaison to: review and make recommendations regarding regulations, guidance, and procedures that present hardships to rural communities; participate in reviewing applications for technical assistance; serve as an ombudsperson for rural communities; and meet regularly with other rural liaisons to coordinate efforts and identify ways to work together to support rural infrastructure needs. | Rural Infrastructure Development and Partnerships Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclassification to Ensure Smarter
and Equal Treatment Act of 2015'' or the ``RESET Act''.
SEC. 2. RECLASSIFICATION OF LOW-LEVEL FELONIES.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
841 et seq.) is amended--
(1) in section 404(a) (21 U.S.C. 844(a))--
(A) in the fourth sentence--
(i) by striking ``2 years'' and inserting
``1 year'';
(ii) by striking ``$2,500'' and inserting
``$1,000'';
(iii) by striking ``3 years'' and inserting
``1 year''; and
(iv) by striking ``$5,000'' and inserting
``$1,000''; and
(B) by striking the fifth sentence and inserting
the following: ``Notwithstanding any penalty provided
in this subsection, any person who commits an offense
under this subsection for the possession of a date rape
drug (as defined in section 401(g)(2)) after a prior
conviction under this title or title III, or a prior
conviction for any drug, narcotic, or chemical offense
chargeable under the law of any State, has become
final, shall be sentenced to a term of imprisonment for
not less than 15 days but not more than 2 years, and
shall be fined a minimum of $2,500 and if any person
commits such offense after 2 or more prior convictions
under this title or title III, or 2 or more prior
convictions for any drug, narcotic, or chemical offense
chargeable under the law of any State, or a combination
of 2 or more such offenses have become final, such
person shall be sentenced to a term of imprisonment for
not less than 90 days but not more than 3 years, and
shall be fined a minimum of $5,000.''; and
(2) in section 422(b) (21 U.S.C. 863(b)), by striking
``three years'' and inserting ``1 year''.
(b) Elimination of Increased Penalties for Cocaine Offenses Where
the Cocaine Involved Is Cocaine Base.--
(1) Controlled substances act.--The following provisions of
the Controlled Substances Act (21 U.S.C. 801 et seq.) are
repealed:
(A) Clause (iii) of section 401(b)(1)(A).
(B) Clause (iii) of section 401(b)(1)(B).
(2) Controlled substances import and export act.--The
following provisions of the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.) are repealed:
(A) Subparagraph (C) of section 1010(b)(1).
(B) Subparagraph (C) of section 1010(b)(2).
SEC. 3. WEIGHING OF CONTROLLED SUBSTANCES MIXED WITH FOOD PRODUCTS.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
841 et seq.) is amended by adding at the end the following:
``SEC. 424. WEIGHING OF CONTROLLED SUBSTANCES MIXED WITH FOOD PRODUCTS.
``In determining the weight of a controlled substance or mixture of
controlled substances that is in compound with a food product for
purposes of this title or title III, the weight of the food product
shall not be included.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by
inserting after the item relating to section 423 the following:
``Sec. 424. Weighing of controlled substances mixed with food
products.''.
SEC. 4. APPLICABILITY TO PENDING AND PAST CASES.
(a) Pending Cases.--This Act, and the amendments made by this Act,
shall apply to any offense that was committed before the date of
enactment of this Act, if a sentence for the offense has not been
imposed as of such date of enactment.
(b) Past Cases.--In the case of a defendant who, before the date of
enactment of this Act, was convicted of an offense for which the
penalty is amended by this Act and was sentenced to a term of
imprisonment for the offense, the sentencing court may, on motion of
the defendant or the Director of the Bureau of Prisons, or on its own
motion, reduce the term of imprisonment for the offense, after
considering the factors set forth in section 3553(a) of title 18,
United States Code, to the extent the factors are applicable, if such a
reduction is consistent with--
(1) this Act and the amendments made by this Act; and
(2) applicable policy statements issued by the United
States Sentencing Commission.
SEC. 5. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION.
(a) Review and Amendment.--As soon as practicable after the date of
enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, shall review and, if appropriate, amend the Federal sentencing
guidelines and policy statements applicable to any person convicted of
an offense affected by section 2, 3, or 4.
(b) Authorization.--In carrying out subsection (a), the Commission
may amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
SEC. 6. ESTABLISHMENT OF THE SAFE NEIGHBORHOODS AND SCHOOLS FUND.
(a) Establishment.--A fund to be known as the ``Safe Neighborhoods
and Schools Fund'' is hereby created within the Department of Justice
and is continuously appropriated without regard to fiscal year for
carrying out the purposes of this chapter. For purposes of the
calculations required, funds transferred to the Safe Neighborhoods and
Schools Fund shall be considered general fund revenues which may be
appropriated pursuant to Article I.
(b) Funding Appropriation.--
(1) In general.--On or before July 31, 2016, and on or
before July 31 of each fiscal year thereafter, the Department
of Justice shall calculate the savings that accrued from the
implementation of the act adding this chapter (``this act'')
during the fiscal year ending June 30, as compared to the
fiscal year preceding the enactment of this act. In making the
calculation required by this subdivision, the Department shall
use actual data or best available estimates where actual data
is not available. The calculation shall be final and shall not
be adjusted for any subsequent changes in the underlying data.
The Department of Justice shall certify the results of the
calculation to Congress no later than August 1 of each fiscal
year.
(2) Transfer of funds.--Before August 15, 2016, and before
August 15 of each fiscal year thereafter, the Department shall
transfer from the General Fund to the Safe Neighborhoods and
Schools Fund the total amount calculated. Funds transferred to
the Safe Neighborhoods and Schools Fund shall be used
exclusively for the purposes of this act and shall not be
subject to appropriation or transfer by the Legislature for any
other purpose. The funds in the Safe Neighborhoods and Schools
Fund may be used without regard to fiscal year.
(c) Distribution of Moneys From the Safe Neighborhoods and Schools
Fund.--
(1) In general.--By August 15 of each fiscal year beginning
in 2016, the Controller shall disburse moneys deposited in the
Safe Neighborhoods and Schools Fund as follows:
(A) Fifteen percent to the Department of Education,
to administer a grant program to public agencies aimed
at improving outcomes for public school pupils in
kindergarten and grades 1 to 12, inclusive, by reducing
truancy and supporting students who are at risk of
dropping out of school or are victims of crime.
(B) Ten percent to the Federal Crime Victim
Assistance Fund, to make grants to trauma recovery
centers to provide services to victims of crime
pursuant to 42 U.S. 112.
(C) Twenty-five percent to Federal Reentry/Drug
Court programs operated by the U.S. District Courts,
U.S. Probation Office, Federal Public Defender and U.S.
Attorney's Office to administer a grant program to
public agencies aimed at supporting mental health
treatment, substance abuse treatment, and diversion
programs for people in the criminal justice system,
with an emphasis on programs that reduce recidivism of
people convicted of less serious crimes, such as those
covered by this measure, and those who have substance
abuse and mental health problems.
(D) Fifty percent to the General Treasury in order
to pay down the national debt.
(2) Limitation.--For each program set forth in paragraphs
(1) to (3), inclusive, of subdivision (a), the agency
responsible for administering the programs shall not spend more
than 5 percent of the total funds it receives from the Safe
Neighborhoods and Schools Fund on an annual basis for
administrative costs.
(3) Audit.--Every two years, the Department of Justice
shall conduct an audit of the grant programs operated by the
agencies specified in paragraphs (1) to (3), inclusive, of
subdivision (a) to ensure the funds are disbursed and expended
solely according to this chapter and shall report his or her
findings to the relevant Congressional committees.
(4) Costs of program.--Any costs incurred by the Department
of Justice in connection with the administration of the Safe
Neighborhoods and Schools Fund, including the costs of the
calculation and the audit required, shall be deducted from the
Safe Neighborhoods and Schools Fund before the funds are
disbursed pursuant to subdivision (a). The funding established
pursuant to this act shall be used to expand programs for
public school pupils in kindergarten and grades 1 to 12,
inclusive, victims of crime, and mental health and substance
abuse treatment and diversion programs for people in the
criminal justice system. These funds shall not be used to
supplant existing State or local funds utilized for these
purposes.
(5) Prohibition.--Agencies shall not be obligated to
provide programs or levels of service described in this chapter
above the level for which funding has been provided. | Reclassification to Ensure Smarter and Equal Treatment Act of 2015 or the RESET Act Amends the Controlled Substances Act (CSA) to reduce penalties (to not greater than a one-year term of imprisonment and/or a $1,000 fine) for simple possession of a controlled substance by a person who has one or more prior convictions for a controlled substance offense. Repeals a provision providing for up to three years' imprisonment for the possession of flunitrazepam. Revises penalties for possession of drugs classified as date rape drugs after a prior drug-related conviction. Reduces the maximum term of imprisonment (to one year) for the sale, use of the mails to transport, or importation or exportation of drug paraphernalia. Eliminates provisions of the CSA and the Controlled Substances Import and Export Act that apply the same penalties applicable to offenses involving a specified amount of a substance containing cocaine to offenses involving a lesser amount of a substance containing cocaine base. Amends the CSA to provide that in determining the weight of a controlled substance or mixture of controlled substances that is in a compound with a food product for purposes of provisions concerning controlled substance offenses, the weight of the food product shall not be included. Makes this Act applicable to any offense committed before its enactment, if a sentence for the offense has not been imposed as of such enactment date. Provides for the reduction of the term of imprisonment of a defendant who was convicted and sentenced before such date for an offense for which the penalty is amended by this Act. Directs the Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to any person convicted of an offense affected by this Act. Establishes within the Department of Justice the Safe Neighborhoods and Schools Fund, which (subject to specified limitations) shall be disbursed as follows by August 15 of each fiscal year beginning in 2016: 15% to the Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades 1 to 12 by reducing truancy and supporting students who are at risk of dropping out or are victims of crime; 10% to the Federal Crime Victim Assistance Fund to make grants to trauma recovery centers to provide services to victims of crime; 25% to Federal Reentry/Drug Court programs to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system; and 50% to the General Treasury in order to pay down the national debt. | RESET Act |
SECTION 1. SHORT TITLE: FINDINGS.
(a) Short Title.--This Act may be cited as the ``Drug Court
Reauthorization Act''.
(b) Findings.--The Congress finds the following:
(1) Studies have concluded that drug courts significantly
reduce crime by as much as 35 percent more than other
sentencing options.
(2) Nationwide, 75 percent of participants who successfully
complete a drug court program remain arrest-free for at least 2
years after leaving the program, and some studies demonstrate
that many graduates remain arrest-free for many more years.
(3) Drug courts are 6 times more likely than other
sentencing options to keep offenders in treatment long enough
to recover, and in programs with less supervision than drug
courts, 70 percent of participants drop out of treatment
permanently.
(4) Nationwide, for every $1 invested in drug courts,
taxpayers save as much as $3.36.
(5) In 2007, for every Federal dollar invested in drug
courts, $9 was leveraged in State funding.
SEC. 2. DRUG COURTS.
(a) In General.--Part EE of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797u et seq.) is amended to read as
follows:
``PART EE--DRUG COURTS
``SEC. 2951. GRANT AUTHORITY.
``(a) In General.--The Attorney General may make grants to States,
State courts, local courts, units of local government, and Indian
tribal governments, acting directly or through agreements with other
public or private entities, for adult drug courts, juvenile drug
courts, family drug courts, and tribal drug courts that involve--
``(1) continuing judicial supervision over offenders, and
other individuals under the jurisdiction of the court, with
substance abuse problems;
``(2) coordination with the appropriate State or local
court, State or local substance abuse treatment authority,
public defender, and prosecutor; and
``(3) the integrated administration of other sanctions and
services, which shall include--
``(A) mandatory periodic testing for the use of
controlled substances or other addictive substances
during any period of supervised release or probation
for each participant;
``(B) substance abuse treatment for each
participant, commensurate with the clinical needs of
the participant;
``(C) diversion, probation, or other supervised
release involving the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress;
``(D) offender management and aftercare services
such as relapse prevention, health care, education,
vocational training, job placement, housing placement,
and child care or other family support services for
each participant who requires such services;
``(E) payment, in whole or part, by the offender of
treatment costs, to the extent the court determines
that such payment is practicable, such as costs for
urinalysis or counseling; and
``(F) payment, in whole or part, by the offender of
restitution, to the extent the court determines that
such payment is practicable, to either a victim of the
offender's offense or to a restitution or similar
victim support fund.
``(b) Limitation.--Economic sanctions imposed on an offender
pursuant to this section shall not be at a level that would interfere
with the offender's rehabilitation.
``(c) Mandatory Drug Testing and Mandatory Sanctions.--
``(1) Mandatory testing.--Grant amounts under this part may
be used for a drug court only if such court has mandatory
periodic testing as described in subsection (a)(3)(A). The
Attorney General shall, by prescribing guidelines or
regulations, specify standards for the timing and manner of
complying with such requirements. The standards--
``(A) shall ensure that--
``(i) each participant is tested for every
controlled substance that the participant has
been known to abuse, and for any other
controlled substance the Attorney General or
the court may require; and
``(ii) such testing is accurate and
practicable; and
``(B) may require approval of the drug testing
regime to ensure that adequate testing occurs.
``(2) Mandatory sanctions.--The Attorney General shall, by
prescribing guidelines or regulations, specify that grant
amounts under this part may be used for a drug court only if
such court imposes graduated sanctions that increase punitive
measures, therapeutic measures, or both, whenever a participant
fails a drug test. Such sanctions and measures may include one
or more of the following:
``(A) Incarceration.
``(B) Increased time in the drug court program.
``(C) Termination from such program.
``(D) Increased drug screening requirements.
``(E) Increased court appearances.
``(F) Increased supervision.
``(G) Electronic monitoring.
``(H) In-home restriction.
``(I) Community service.
``SEC. 2952. ADMINISTRATION.
``(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this part.
``(b) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
``(c) Regulatory Authority.--The Attorney General may issue
regulations and guidelines necessary to carry out this part.
``SEC. 2953. APPLICATIONS.
``(a) In General.--To request funds under this part, the chief
executive or the chief justice of a State or the chief executive or
judge of a unit of local government or Indian tribal government, or the
chief judge of a State court or the judge of a local court or Indian
tribal court shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
require.
``(b) Content.--In addition to any other requirements that may be
specified by the Attorney General, an application for a grant under
this part shall--
``(1) include a long-term strategy and detailed
implementation plan for the drug court program to be carried
out under such grant;
``(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
``(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
``(4) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;
``(5) certify that there has been and will continue to be
appropriate consultation with all affected agencies in the
implementation of the program;
``(6) certify that participating offenders will be
supervised by 1 or more designated judges with responsibility
for the drug court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support;
``(8) certify that statements made by an offender during,
or for admission to, a drug court program (including to judges,
prosecutors, defense counsel, social service providers, and
other public health and public safety professionals who work in
the drug court) regarding the offender's drug use shall not be
used as evidence against the offender in any criminal
proceeding other than a proceeding that is part of the drug
court program, including drug court proceedings involving
sanctions, program termination, and related matters such as
probation violation hearings based on noncompliance with the
terms of participating in the drug court program;
``(9) certify that admission criteria for the program--
``(A) are broad enough to ensure access for all
drug-dependent, high-risk individuals under the court's
jurisdiction who are not violent offenders;
``(B) do not discriminate based upon race, gender,
religion, national origin, economic status, or
immigration status; and
``(C) are established by a panel or commission with
broad representation from stakeholders in the criminal
justice community, including judges, prosecutors,
defense counsel, and social service providers;
``(10) certify that the applicant has established a policy
for the consideration and selection of offenders who are not
violent offenders to participate in the program, based on the
admission criteria pursuant to paragraph (9), that--
``(A) has been approved by the judge or judges with
responsibility for the drug court program under
paragraph (6) and any other parties responsible for
such consideration and selection of offenders,
including prosecutors, defense counsel, and social
service providers, as appropriate;
``(B) includes a process to ensure that the
individual circumstances of offenders are considered to
take into account mitigating factors related to the
offender, as appropriate; and
``(C) ensures that the public safety needs of the
applicant's jurisdiction are met;
``(11) demonstrate the existence of adequate protections
for participating offenders' right to competent counsel under
the Sixth Amendment to the Constitution;
``(12) outline ways for ensuring access to the program for
offenders who are high-risk for continued substance abuse and
drug-related crime, are facing the longest sentences, and are
high-need based on drug dependency;
``(13) describe the methodology that will be used in
evaluating the program, including demonstration of research
related to alternative sentences for offenders whose illegal
conduct was caused by drug dependency; and
``(14) certify that substance abuse treatment services
provided to participants are licensed or accredited by the
State substance abuse authority and that State standards of
care are utilized.
``(c) Definition.--In this section:
``(1) The term `violent offender' means an individual who
has committed an offense that, by its nature, involves a
substantial use of physical force with the specific intent to
cause serious bodily injury or harm to another individual, as
determined by the entity applying for or receiving a grant
under this part.
``(2) The term `sex offender' means an individual who has
committed an act of sexual assault as such term is defined in
section 40002 of the Violence Against Women Act of 1994 (42
U.S.C. 13925).
``SEC. 2954. FEDERAL SHARE.
``(a) In General.--The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the program
described in the application submitted under section 2953 for the
fiscal year for which the program receives assistance under this part,
unless the Attorney General waives, wholly or in part, the requirement
of a matching contribution under this section.
``(b) In-kind Contributions.--In-kind contributions may constitute
a portion of the non-Federal share of a grant.
``SEC. 2955. DISTRIBUTION AND ALLOCATION.
``(a) Consideration and Distribution.--The Attorney General shall
ensure that--
``(1) all States, State courts, local courts, units of
local government, and Indian tribal governments are provided
with an opportunity to apply and be considered for a grant
under this part; and
``(2) to the extent practicable, an equitable geographic
distribution of grant awards is made.
``(b) Technical Assistance and Training.--Unless one or more
applications submitted by any State or unit of local government within
such State (other than an Indian tribe) for a grant under this part has
been funded in any fiscal year, such State, together with eligible
applicants within such State, shall be provided targeted technical
assistance and training by the Bureau of Justice Assistance to assist
such State and such eligible applicants to successfully compete for
future funding under this part, and to strengthen existing State drug
court systems. In providing such technical assistance and training, the
Bureau of Justice Assistance shall consider and respond to the unique
needs of rural States, rural areas, and rural communities.
``SEC. 2956. REPORT.
``A State, Indian tribal government, or unit of local government
that receives funds under this part during a fiscal year shall submit
to the Attorney General a description and an evaluation report on a
date specified by the Attorney General regarding the effectiveness of
this part.
``SEC. 2957. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this part.
``(b) Evaluations.--In addition to any evaluation requirements that
may be prescribed for grantees (including uniform data collection
standards and reporting requirements), the Attorney General shall carry
out or make arrangements for evaluations of programs that receive
support under this part.
``(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.''.
(b) Reauthorization.--Paragraph (25) of section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended to read as follows:
``(25)(A) There are authorized to be appropriated to carry
out part EE--
``(i) $125,000,000 for fiscal year 2011;
``(ii) $150,000,000 for fiscal year 2012;
``(iii) $200,000,000 for fiscal year 2013; and
``(iv) $250,000,000 for each of fiscal years 2014
through 2017.
``(B) The Attorney General shall reserve not less than 1
percent and not more than 4.5 percent of the sums appropriated
for this program in each fiscal year for research and
evaluation of this program.''. | Drug Court Reauthorization Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations for the drug courts program for FY2011-FY2017 and to modify certain program requirements relating to grant authority, grant applications, and the distribution and allocation of grants to states and local and tribal governments. | To reauthorize and amend part EE of the Omnibus Crime Control and Safe Streets Act of 1968 relating to drug courts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USDA Accountability and Equity Act
of 1997''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``Department'' means the Department of
Agriculture.
(2) The term ``Secretary'' means the Secretary of
Agriculture.
(3) The term ``Assistant Secretary'' means the Assistant
Secretary of Agriculture for Administration.
(4) The term ``socially disadvantaged customer'' means
socially disadvantaged farmer or rancher, as defined in section
355(e)(2) of the Consolidated Farm and Rural Development Act.
TITLE I--PROGRAM ACCOUNTABILITY
SEC. 101. CONVERSION OF COUNTY COMMITTEES.
Effective 90 days after the date of the enactment of this Act,
section 8(a)(5)(B) of the Soil Conservation and Domestic Allotment Act
(16 U.S.C. 590h(a)(5)(B)) is amended--
(1) by striking clause (ii) and inserting the following:
``(ii) Any such committee shall consist of not fewer than 5
nor more than 7 members as follows:
``(I) Not fewer than 3 and not more than 5 members
shall be fairly representative of the agricultural
producers in the county or area, and shall be elected
by the agricultural producers in such county or area
under such procedures as the Secretary may prescribe.
``(II) two members shall be demographically
representative of members of groups of agricultural
producers in the county or area who, in the absence of
the members, would be underrepresented on the
committee, and shall be appointed by the Secretary,
based on recommendations made by the underrepresented
groups. If the Secretary makes such an appointment from
among persons not so recommended, the Secretary shall
provide the reasons therefor upon request.''; and
(2) by adding at the end the following:
``(vi) The civil service laws shall apply to all persons
performing functions for any county, area, or local committee,
subject to such regulations as the Secretary may prescribe
taking into account the recommendations made under section 102
of the USDA Accountability and Equity Act of 1997.
``(vii) The county executive director of a county, area, or
local committee, or such other person as the Secretary may
select, shall have sole responsibility for making loan
determinations under credit programs administered by the
Department of Agriculture in the county, area, or locality,
subject to the approval of the State director of the
Consolidated Farm Service Agency.''.
SEC. 102. CONVERSION OF NONFEDERAL FARM SERVICE AGENCY COUNTY COMMITTEE
EMPLOYEES TO FEDERAL CIVIL SERVICE STATUS.
(a) County and Area Office Staffs.--
(1) In general.--Subparagraph (E) of section 8(b)(5) of the
Soil Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)(5)(E)) is amended to read as follows:
``(E) Regulations and county and area office employees.--
(i)(I) The Secretary shall issue such regulations as the
Secretary considers necessary relating to the selection of
members to and the exercise of the functions of the respective
committees, and to the administration through such committees
of the programs described in subparagraph (D).
``(II) Regulations governing payments or grants under this
subsection, whenever practicable, shall be classified on the
basis of being related to a soil-depleting practice or a soil-
building practice.
``(ii) Employees performing services for county and area
committees may be appointed only by the Secretary or the
designee of the Secretary.''.
(2) Conversion of permanent county and area office
employees.--Subject to regulations of the Office of Personnel
Management, employees of county committees employed pursuant to
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)) who, on the effective date of this
section, are so employed under an appointment not limited to 1
year or less shall be converted to Federal civil service
appointments, as follows:
(A) Employees who have completed 3 years of service
shall be given career civil service appointments.
(B) Employees who have completed less than 3 years
of service shall be given career-conditional civil
service appointments.
(3) Conversion of temporary county and area office
employees.--Subject to regulations of the Office of Personnel
Management, employees of county committees employed pursuant to
section 8(b) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)) who, on the effective date of this
section, are so employed under an appointment limited to 1 year
or less shall, subject to the discretion of the Secretary, be
converted to temporary Federal civil service appointments.
(b) Other Amendments.--
(1) Department of agriculture reorganization act of 1994.--
Section 226 of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6932) is amended--
(A) by striking subsection (e);
(B) in subsection (g), by striking ``(f)'' and
inserting ``(e)''; and
(C) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
(2) Title 5 of the united states code.--Title 5, United
States Code, is amended--
(A) in sections 3502(a)(C)(i) and 6312(a)(1) by
striking ``Act;'' and inserting ``Act, but only if that
individual was first employed as an employee of such a
county committee or of such a committee or association
of producers before the effective date of section 102
of the USDA Accountability and Equity Act of 1997;'';
and
(B) in sections 5306(a)(1)(C), 8331(1)(F),
8701(a)(8), and 8901(1)(G) by inserting ``first''
before ``employed'' and by striking ``16;'' and
inserting ``16 before the effective date of section 102
of the USDA Accountability and Equity Act of 1997;''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act.
TITLE II--PROGRAM EQUITY
SEC. 201. ACCESS TO CREDIT.
Section 373(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2008h(a)) is amended to read as follows:
``(a) Delinquent Borrowers Prohibited From Obtaining Direct
Operating Loans; Exceptions.--
``(1) Prohibition.--Except as provided in paragraph (2),
the Secretary may not make a direct operating loan under
subtitle B to a borrower who is delinquent on any loan made or
guaranteed under this title.
``(2) Exceptions.--
``(A) In general.--Paragraph (1) shall not apply to
a borrower if--
``(i) the borrower was granted a principal
or interest write-down under section 353 with
respect to the loan on which the borrower is
delinquent, and the delinquency is a result of
conditions the borrower could not control;
``(ii) there are no unsatisfied judgments
against the borrower;
``(iii) 2 years has passed since a
principal or interest write-down was granted
under section 353 to the borrower;
``(iv) the Secretary determines that the
borrower has acted in a fiscally responsible
manner for 2 years before application for the
direct operating loan; or
``(v) the farm operations of the borrower
are pending liquidation.
``(B) Requirements applicable to loans to
delinquent borrowers.--Any direct operating loan to a
borrower to whom a paragraph of the preceding sentence
applies shall be made subject to such requirements and
conditions as may be necessary to ensure that the
borrower does not become delinquent on the loan.''.
SEC. 202. LEASE BACK, BUY BACK OPPORTUNITIES.
Out of any money in the Treasury of the United States not otherwise
appropriated, there are appropriated to the Secretary of Agriculture
$10,000,000 for each of fiscal years 1998 and 1999 for leases or
contracts to sell real property acquired under the Consolidated Farm
and Rural Development Act to beginning farmers or ranchers (as defined
under section 343(a)(8) of such Act) whose operations were shown by a
farm and home plan to cash flow during the 3 years before April 4,
1996.
SEC. 203. DEBT WRITE-DOWNS NOT TREATED AS INCOME FOR TAX PURPOSES.
Section 353(d) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2001(d)) is amended by adding at the end the following:
``(3) Tax treatment of write-downs.--No amount shall be
includible in gross income for purposes of the Internal Revenue
Code of 1986 by reason of any discharge of indebtedness under
this section.''.
SEC. 204. ACCESSIBILITY OF HOUSING LOANS.
Section 502(a) of the Housing Act of 1949 (42 U.S.C. 1472(a)) is
amended by adding after paragraph (3) the following new paragraph:
``(4) The Secretary may not deny eligibility to any applicant for a
loan under this section on the basis of the lack of a credit history or
a poor credit history, if the applicant demonstrates, in accordance
with such requirements as the Secretary may prescribe, that the
applicant has been able, for a reasonable period of time, to live in a
financially independent manner and pay rent and utility bills in a
timely manner.''.
SEC. 205. EXPANSION OF THE ENVIRONMENTAL QUALITY INCENTIVES PROGRAM FOR
SOCIALLY DISADVANTAGED AGRICULTURAL PRODUCERS.
(a) In General.--Section 1241(b) of the Food Security Act of 1985
(16 U.S.C. 3841(b)) is amended--
(1) in paragraph (1), by striking ``$200,000,000'' and
inserting ``$300,000,000'';
(2) in paragraph (2), by striking ``50 percent'' and
inserting ``\1/3\''; and
(3) by adding at the end the following:
``(3) Assistance to socially disadvantaged agricultural
producers.--For each of fiscal years 1998 through 2002, \1/3\
of the funding available for technical assistance, cost-share
payments, incentives payments, and education under the
environmental quality incentives program under chapter 4 of
subtitle D shall be targeted to increase assistance to socially
disadvantaged farmers and ranchers (as defined in section
355(e)(2) of the Consolidated Farm and Rural Development
Act).''.
(b) Same-Year Payments for Contracts in the Environmental Quality
Incentives Program.--Section 1240G of such Act (16 U.S.C. 3839aa-7) is
amended by striking subsection (c).
SEC. 206. PROGRAM EQUITY FUNDING.
Section 1447(b) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended to read
as follows:
``(b) Appropriation.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Agriculture $15,000,000 for
fiscal year 1998 and for each succeeding fiscal year to carry
out this section.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available until expended.''.
SEC. 207. ADVISORY COMMITTEE TO STUDY WHETHER LAND GRANT INSTITUTIONS
ARE BEING FUNDED EQUITABLY.
(a) Establishment.--The Secretary shall establish in the Department
a bipartisan advisory committee to conduct a study of funding of
institutions of higher education (as defined in section 1201(a) of the
Higher Education Act of 1965) to determine whether eligible
institutions (as defined in section 1447(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977) and
1994 Institutions (as defined in section 532 of the Equity in
Educational Land-Grant Status Act of 1994) are receiving equitable
support to assist the Department in carrying out its mission.
(b) Number of Members.--The advisory committee shall be composed of
not fewer than 5 members and not more than 25 members, appointed by the
Secretary.
(c) Prohibition Against Compensation.--
(1) In general.--Except as provided in paragraph (2), the
members of the advisory committee may not receive pay,
allowances, or benefits by reason of their service on the
advisory committee.
(2) Travel expenses.--Each member of the advisory committee
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(d) Quorum.--One third of the members of the advisory committee
shall constitute a quorum.
(e) Chairperson.--The Secretary (or the delegate of the Secretary)
shall be the chairperson of the advisory committee.
(f) Experts and Consultants.--The chairperson of the advisory
committee may procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
(g) Staff of Federal Agencies.--Upon request of the chairperson of
the advisory committee, the head of any Federal department or agency
may detail, on a reimbursable basis, any of the personnel of that
department or agency to the advisory committee to assist it in carrying
out its duties under this section.
(h) Powers.--
(1) Hearings and sessions.--The advisory committee may, for
the purpose of carrying out this section, hold hearings, sit
and act at times and places, take testimony, and receive
evidence as the advisory committee considers appropriate. The
advisory committee may administer oaths or affirmations to
witnesses appearing before it.
(2) Powers of members and agents.--Any member or agent of
the advisory committee may, if authorized by the advisory
committee, take any action which the advisory committee is
authorized to take by this section.
(3) Obtaining official data.--The advisory committee may
secure directly from any department or agency of the United
States information necessary to enable it to carry out this
section. Upon request of the chairperson of the advisory
committee, the head of that department or agency shall furnish
that information to the advisory committee.
(4) Mails.--The advisory committee may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(i) Report.--Within 9 months after the Secretary appoints the
members of the advisory committee, the advisory committee shall submit
to the Secretary a report on the matters described in subsection (a).
(j) Termination.--The advisory committee shall terminate upon the
submission of the report required by subsection (i).
SEC. 208. FUNDING OF PROGRAM OF OUTREACH AND TECHNICAL ASSISTANCE TO
SOCIALLY DISADVANTAGED FARMERS.
Section 2501(a)(3) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(a)(3)) is amended to read as follows:
``(3) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated to the Secretary $10,000,000 for each fiscal year
to carry out this section.''.
SEC. 209. FUNDING OF EXTENSION INDIAN RESERVATION PROGRAM.
Section 1677(g) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5930(g)) is amended to read as follows:
``(g) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated to the
Secretary $8,000,000 for each fiscal year to carry out this section.''.
TITLE III--FUNDING OF FARM OWNERSHIP AND OPERATING LOANS
SEC. 301. FUNDING OF FARM OWNERSHIP AND OPERATING LOAN PROGRAMS.
Section 346(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994(b)(1)) is amended by adding at the end the
following:
``(H) Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary for fiscal year 1998 and
for each succeeding fiscal year $585,000,000 for direct
loans, of which--
``(i) $85,000,000 shall be for farm
ownership loans under subtitle A; and
``(ii) $500,000,000 shall be for operating
loans under subtitle B.''. | TABLE OF CONTENTS:
Title I: Program Accountability
Title II: Program Equity
Title III: Funding of Farm Ownership and Operating Loans
USDA Accountability and Equity Act of 1997 -
Title I: Program Accountability
- Amends the Soil Conservation and Domestic Allotment Act to increase the size of the county committees by two members who shall be: (1) appointed by the Secretary of Agriculture (Secretary); and (2) demographically representative of local producers.
States that: (1) civil service laws shall apply to all persons performing functions for any county, area, or local committee; and (2) the county executive director of such committee, or other person selected by the Secretary, shall have sole responsibility for making local agricultural loan determinations, subject to State-level approval.
(Sec. 102) Provides for the conversion of permanent and temporary (at the Secretary's discretion) county and area office employees to Federal civil service status. Makes conforming amendments the Department of Agriculture Reorganization Act of 1994 and other Federal law.
Title II: Program Equity
- Amends the Consolidated Farm and Rural Development Act to permit agricultural operating loans to be made to delinquent borrowers under specified circumstances.
(Sec. 202) Appropriates funds for lease-back or buy-back opportunities for beginning farmers or ranchers.
(Sec. 203) Treats debt write-downs as non-income for tax purposes.
(Sec. 204) Amends the Housing Act of 1949 to prohibit housing loan denial to an applicant who has been able to live in a financially independent manner for a reasonable time.
(Sec. 205) Amends the Food Security Act of 1985 with respect to the environmental quality incentives program to: (1) increase program funding; (2) reduce the livestock set-aside; and (3) establish a set-aside for socially disadvantaged agricultural producers.
(Sec. 206) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to make permanent appropriations for 1890 land grant college grants. (Current law provides for non-permanent authorization of appropriations for such grants.) Directs the Secretary to establish an advisory committee to study whether such institutions' funding is equitable.
(Sec. 208) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to make permanent appropriations (currently permanently authorized) for: (1) Indian reservation extension education programs; and (2) outreach and technical assistance programs for socially disadvantaged farmers and ranchers.
Title III: Funding of Farm Ownership and Operating Loans
- Amends the Consolidated Farm and Rural Development Act to make permanent appropriations for farm operating and ownership loans. (Current law provides for a non-permanent authorization of appropriations for such loans.) | USDA Accountability and Equity Act of 1997 |
SECTION 1. CODIFICATION OF EFFECTIVE DATES FOR CLAIMS UNDER THE LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Definitions.--
(1) In general.--Section 5100 of title 38, United States
Code, is amended to read as follows:
``Sec. 5100. Definitions
``In this chapter:
``(1) The term `claimant' means any individual applying
for, or submitting a claim for, any benefit under the laws
administered by the Secretary.
``(2) The term `claim' means a communication in writing
requesting a determination of entitlement or evidencing a
belief in entitlement to a benefit under the laws administered
by the Secretary.
``(3) The term `formal claim' means a claim submitted on an
application form prescribed by the Secretary.
``(4) The term `informal claim' means a communication in
writing requesting a determination of entitlement or evidencing
a belief in entitlement, to a benefit under the laws
administered by the Secretary that--
``(A) is submitted in a format other than on an
application form prescribed by the Secretary;
``(B) indicates an intent to apply for one or more
benefits under the laws administered by the Secretary;
``(C) identifies the benefit sought;
``(D) is made or submitted by a claimant, his or
her duly authorized representative, a Member of
Congress, or another person acting on behalf of a
claimant who meets the requirements established by the
Secretary for such purpose; and
``(E) may include a report of examination or
hospitalization, if the report relates to a disability
which may establish such an entitlement.
``(5) The term `reasonably raised claim' means evidence of
an entitlement to a benefit under the laws administered by the
Secretary that is not explicitly raised in a claim but that is
logically placed at issue upon a sympathetic reading of the
claim and the record developed with respect to the claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 51 of such title is amended by striking
the item relating to section 5100 and inserting the following
new item:
``5100. Definitions.''.
(b) Informal Claims.--Section 5101(a) of such title is amended by
adding at the end the following new paragraph:
``(3)(A) Upon receipt of an informal claim, if a formal claim has
not been filed, the Secretary shall provide the claimant with an
application form on which the claimant may submit a formal claim. In
addition to all relevant communications relating to any claim, the
Secretary shall maintain in the claim file a dated copy of the letter
accompanying the application form sent to the claimant under this
subparagraph.
``(B) An informal request for increase or reopening of a claim
shall be accepted and treated in the same manner as a formal claim.''.
(c) Effective Dates.--Section 5110(a) of such title is amended--
(1) by striking ``Unless'' and inserting ``(1) Unless'';
and
(2) by adding at the end the following new paragraph:
``(2) In determining the date of the receipt of an application for
any benefit purposes of this section, the Secretary shall consider an
application to be filed on the date on which an informal communication
relating to such benefit is submitted, as long as the person claiming
or applying for the benefit files an application by not later than 180
days after the date on which the Secretary furnishes the person the
necessary application forms under section 5102 of this title. If the
person claiming or applying for the benefit fails to file an
application by the date that is 180 days after the date on which the
Secretary furnishes the person such necessary application forms, the
Secretary shall consider the application to be filed on the date on
which the completed application form is submitted.''.
(d) Reasonably Raised Claims.--
(1) In general.--Chapter 51 of such title is amended by
inserting after section 5103A the following new section:
``Sec. 5103B. Treatment of reasonably raised claims
``The Secretary shall identify, address, and adjudicate reasonably
raised claims that are placed at issue in the course of addressing or
adjudicating any claim, including evidence relating to entirely
separate conditions never identified as part of a formal claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5103A the following new item:
``5103B. Treatment of reasonably raised claims.''.
(e) Effective Date.--The amendments made by this Act shall take
effect on the date of the enactment of this Act and shall apply with
respect to a claim submitted on or after such date. | Describes an "informal claim" for a veterans' benefit as a communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to such benefit that is submitted by a claimant, or an authorized party on the claimant's behalf, in a format other than on an application form submitted by the Secretary of Veterans Affairs (VA). Requires an informal claim to also indicate an intent to apply for an identified benefit. Requires the Secretary to: provide a claimant who submits an informal claim with an application form on which to submit a formal claim; maintain in the claimant's claim file a dated copy of the letter accompanying that application form; and consider an application to have been filed, for benefit purposes, on the date on which an informal communication relating to such benefit is submitted, unless the claimant fails to file the application form within 180 days after the Secretary provides that form. Requires an informal request for increasing or reopening a claim to be accepted and treated in the same manner as a formal claim. Defines a "reasonably raised claim" for a veterans' benefit as evidence of an entitlement to such benefit that is not explicitly raised in a claim but is logically placed at issue upon a sympathetic reading of the claim and the record developed with respect to the claim. Directs the Secretary to identify, address, and adjudicate reasonably raised claims that are placed at issue in the course of addressing or adjudicating any claim, including evidence relating to entirely separate conditions never identified as part of a formal claim. | To amend title 38, United States Code, to codify certain existing provisions of law relating to effective dates for claims under the laws administered by the Secretary of Veterans Affairs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Terrorism Risk
Insurance Act of 2005''.
SEC. 2. ESTABLISHMENT OF COMMISSION ON TERRORISM RISK INSURANCE.
Title I of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) is amended by adding at the end the following new section:
``SEC. 109. COMMISSION ON TERRORISM RISK INSURANCE.
``(a) In General.--There is hereby established the Commission on
Terrorism Risk Insurance (in this section referred to as the
`Commission').
``(b) Membership.--
``(1) The Commission shall consist of 11 members, as
follows:
``(A) The Secretary of the Treasury or the
Secretary's designee.
``(B) One State insurance commissioner designated
by the members of the NAIC.
``(C) Nine members appointed by the President, who
shall be--
``(i) a representative of State
legislatively created workers' compensation
funds;
``(ii) a representative of property and
casualty insurers with direct written premium
of $1,000,000,000 or less;
``(iii) a representative of property and
casualty insurers with direct written premium
of more than $1,000,000,000;
``(iv) a representative of multiline
insurers;
``(v) a representative of independent
insurance agents;
``(vi) a representative of insurance
brokers;
``(vii) a policyholder representative;
``(viii) a representative of the survivors
of the victims of the attacks of September 11,
2001; and
``(ix) a representative of the reinsurance
industry.
``(2) Secretary.--The Program Director of the Terrorism
Risk Insurance Act shall serve as Secretary of the Commission.
The Secretary of the Commission shall determine the manner in
which the Commission shall operate, including funding and
staffing.
``(c) Duties.--
``(1) In general.--The Commission shall identify and make
recommendations regarding--
``(A) possible actions to encourage, facilitate,
and sustain provision by the private insurance industry
in the United States of affordable coverage for losses
due to an act or acts of terrorism;
``(B) possible actions or mechanisms to sustain or
supplement the ability of the insurance industry in the
United States to cover losses resulting from acts of
terrorism in the event that--
``(i) such losses jeopardize the capital
and surplus of the insurance industry in the
United States as a whole; or
``(ii) other consequences from such acts
occur, as determined by the Commission, that
may significantly affect the ability of the
insurance industry in the United States to
independently cover such losses; and
``(C) significantly reducing the expected Federal
role over time in any continuing Federal terrorism risk
insurance program.
``(2) Evaluations.--In identifying and making the
recommendations required under paragraph (1), the Commission
shall specifically evaluate the utility and viability of risk-
sharing mechanisms under which insurers voluntarily reinsure
terrorism losses between and among themselves that are not
subject to reimbursement under section 103, a Federally created
or mandated reinsurance facility, empowering such a facility to
issue pre-event financing bonds, post-event financing bonds,
assessments, single or multiple pooling arrangements, and other
risk sharing arrangements to accomplish, in whole or in part,
the specified objectives.
``(3) Redevelopment assessment.--The Commission shall also
evaluate whether or not coverage under the Program under this
Act is necessary to permit redevelopment at the sites of any
previous acts of terrorism. If the Commission determines that
the market will not provide for renewal of, or generation of
new, insurance contracts necessary to permit such
redevelopment, the Commission shall recommend coverage under
the Program under this Act, or a variation of such Program,
that will facilitate the completion of such a redevelopment
project.
``(4) Report.--
``(A) In general.--Not later than the date
determined under subparagraph (B), the Commission shall
submit a report to the Secretary and the Congress
that--
``(i) evaluates and makes recommendations
regarding whether there is a need for a Federal
terrorism risk insurance program and, if so,
makes a specific, detailed recommendation for
the replacement of the Program, including
specific, detailed recommendations for the
creation of a terrorism reinsurance facility or
facilities or single or multiple pooling
arrangements, or both; and
``(ii) includes the evaluation,
determination, and any recommendation required
under paragraph (3).
``(B) Timing.--The date determined under this
subparagraph is--
``(i) except as provided in clause (ii),
the date that occurs 6 months after the date of
the enactment of this Act; or
``(ii) the date of such termination of the
Program (as so extended), if, before the the
date under clause (i), the date of the
termination of the Program under this Act is
extended to a date that occurs after such date
under clause (i) .''.
SEC. 3. EXTENSION OF PROGRAM TO PROVIDE FOR REDEVELOPMENT OF PREVIOUS
TERRORISM SITES.
Section 108(a) of the Terrorism Risk Insurance Act of 2002 (15
U.S.C. 6701 note) is amended--
(1) by striking ``(a) Termination of Program.--The
Program'' and inserting the following:
``(a) Termination of Program.--
``(1) In general.--Except as provided in paragraph (2), the
Program''; and
(2) by adding at the end the following new paragraphs:
``(2) Extension of program to provide for redevelopment of
previous terrorism sites.--If the Commission determines in the
report submitted to the Secretary pursuant to section 109(c)(4)
that the market will not provide for renewal of, or generation
of new, insurance contracts necessary to permit redevelopment
at the site of a previous act of terrorism, the Program shall
remain in effect as provided under paragraph (3) and the
Secretary shall immediately take such action as may be
necessary to extend the Program in accordance with paragraph
(3) and the recommendations of the Commission set forth in such
report.
``(3) Scope of extended program.--If the Program is
extended pursuant to paragraph (2), the Program--
``(A) shall provide coverage, during such
extension, only with respect to insured losses under
property and casualty insurance coverage (including
builder's risk policies) as the Secretary determines is
appropriate and in accordance with the recommendations
in the report of the Commission under section
109(c)(4), to permit redevelopment at the site of a
previous act or terrorism; and
``(B) shall remain in effect as provided under
subparagraph (A) only with respect to any contracts for
such property and casualty insurance in connection with
such redevelopment that are issued on or before
December 31, 2008.''.
SEC. 4. COVERAGE OF DOMESTIC TERRORISM.
Section 102(1)(A)(iv) of the Terrorism Risk Insurance Act of 2002
(15 U.S.C. 6701 note) is amended by striking ``acting on behalf of any
foreign person or foreign interest,''. | Commission on Terrorism Risk Insurance Act - Amends the Terrorism Risk Insurance Act of 2002 to establish the Commission on Terrorism Risk Insurance.
Directs the Commission to identify and make recommendations regarding actions to: (1) encourage, facilitate, and sustain provision by the private domestic insurance industry of affordable coverage for losses due to acts of terrorism; (2) sustain or supplement the ability of the domestic insurance industry to cover losses resulting from acts of terrorism; (3) reduce the federal role over time in any continuing federal terrorism risk insurance program; and (4) evaluate whether coverage under the Terrorism Insurance Program is necessary to permit redevelopment at sites of previous acts of terrorism.
Instructs the Commission to evaluate and makes recommendations on the need for a federal terrorism risk insurance program.
Requires the Terrorism Insurance Program to remain in effect, but only to cover insured losses under property and casualty insurance issued on or before December 31, 2008, if the Commission determines that the market will not provide for renewal or generation of new insurance contracts necessary to permit redevelopment at the site of a previous act of terrorism. | To amend the Terrorism Risk Insurance Act of 2002 to establish a Commission on Terrorism Risk Insurance, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Trafficking and Smuggling
Penalty Enhancement Act of 2004''.
SEC. 2. ENHANCED PENALTIES FOR SLAVERY AND ALIEN SMUGGLING.
(a) Death Resulting From Slavery.--Chapter 77 of title 18, United
States Code, is amended--
(1) in section 1581(a), by striking ``or if'' and inserting
``the defendant shall be fined under this title, punished by
death or imprisonment for any term of years or for life, or
both. If'';
(2) in section 1583, by striking ``or if'' and inserting
``the defendant shall be fined under this title, punished by
death or imprisonment for any term of years or for life, or
both. If'';
(3) in section 1584, by striking ``or if'' and inserting
``the defendant shall be fined under this title, punished by
death or imprisonment for any term of years or for life, or
both. If'';
(4) in section 1589, by striking ``or if'' and inserting
``the defendant shall be fined under this title, punished by
death or imprisonment for any term of years or for life, or
both. If'';
(5) in section 1590, by striking ``or if'' and inserting
``the defendant shall be fined under this title, punished by
death or imprisonment for any term of years or for life, or
both. If''; and
(6) in section 1591(b)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively; and
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following:
``(1) if the offense resulted in the death of the victim, a
fine under this title, death or imprisonment for any term of
years or for life, or both;''.
(b) Alien Smuggling.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by amending clause (i) to read as
follows:
``(i) knowing or in reckless disregard of the fact that a
person is an alien, brings or attempts to bring to the United
States in any manner whatsoever such person at a place other
than a designated port of entry or a place designated by the
Under Secretary for Border and Transportation Security,
regardless of--
``(I) whether such alien has received prior
official authorization to come to, enter, or reside in
the United States;
``(II) whether the person bringing or attempting to
bring such alien to the United States intended to
violate any criminal law; or
``(III) any future official action which may be
taken with respect to such alien;'';
(ii) in clause (iv), by striking ``or'' at
the end;
(iii) in clause (v)--
(I) in subclause (I), by striking
``, or'' and inserting a semicolon;
(II) in subclause (II), by striking
the comma and inserting ``; or''; and
(III) by inserting after subclause
(II) the following:
``(III) attempts to commit any of the preceding acts; or'';
and
(iv) by inserting after clause (v) the
following:
``(vi) knowing or in reckless disregard of the fact that a
person is an alien, causes or attempts to cause such alien to
be transported or moved across an international boundary,
knowing that such transportation or moving is part of such
alien's effort to enter or attempt to enter the United States
without prior official authorization,''; and
(B) in subparagraph (B)--
(i) in clause (i)--
(I) by striking ``subparagraph
(A)(i) or (v)(I)'' and inserting
``clause (i), (v)(I), or (vi) of
subparagraph (A)''; and
(II) by striking ``10 years'' and
inserting ``20 years'';
(ii) in clause (ii)--
(I) by striking ``subparagraph (A)
(ii), (iii), (iv), or (v)(II)'' and
inserting ``clause (ii), (iii), (iv),
or (v)(II) of subparagraph (A)''; and
(II) by striking ``5 years'' and
inserting ``10 years''; and
(iii) in clause (iii)--
(I) by striking ``subparagraph (A)
(i), (ii), (iii), (iv), or (v)'' and
inserting ``subparagraph (A)''; and
(II) by striking ``20 years'' and
inserting ``35 years'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``, or facilitates or
attempts to facilitate the bringing or
transporting,'' after ``attempts to bring'';
and
(ii) by inserting ``and regardless of
whether the person bringing or attempting to
bring such alien to the United States intended
to violate any criminal law,'' after ``with
respect to such alien''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking the comma at
the end and inserting a semicolon;
(ii) in clause (ii), by striking ``, or''
and inserting a semicolon;
(iii) in clause (iii), by striking the
comma at the end and inserting ``; or'';
(iv) by inserting after clause (iii), the
following:
``(iv) an offense committed with knowledge or
reason to believe that the alien unlawfully brought to
or into the United States has engaged in or intends to
engage in terrorist activity (as defined in section
212(a)(3)(B)(iv)),''; and
(v) in the matter following clause (iv), as
added by this subparagraph, by striking ``3 nor
more than 10 years'' and inserting ``5 years
and not more than 20 years''; and
(3) in paragraph (3)(A), by striking ``5 years'' and
inserting ``10 years''.
SEC. 3. AMENDMENT TO SENTENCING GUIDELINES RELATING TO ALIEN SMUGGLING
OFFENSES.
(a) Directive to United States Sentencing Commission.--Pursuant to
its authority under section 994(p) of title 18, United States Code, and
in accordance with this section, the United States Sentencing
Commission shall review and, as appropriate, amend the Federal
Sentencing Guidelines and related policy statements to implement the
provisions of this Act.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that the Sentencing Guidelines and Policy
Statements reflect--
(A) the serious nature of the offenses and
penalties referred to in this Act;
(B) the growing incidence of alien smuggling
offenses; and
(C) the need to deter, prevent, and punish such
offenses;
(2) consider the extent to which the Sentencing Guidelines
and Policy Statements adequately address whether the guideline
offense levels and enhancements for violations of the sections
amended by this Act--
(A) sufficiently deter and punish such offenses;
and
(B) adequately reflect the enhanced penalties
established under this Act;
(3) maintain reasonable consistency with other relevant
directives and sentencing guidelines;
(4) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(5) make any necessary conforming changes to the Sentencing
Guidelines; and
(6) ensure that the Sentencing Guidelines adequately meet
the purposes of sentencing under section 3553(a)(2) of title
18, United States Code. | Human Trafficking and Smuggling Penalty Enhancement Act of 2004 - Amends the Federal criminal code to provide for enhanced penalties, including the death penalty, for slavery.
Modifies alien smuggling prohibitions under the Immigration and Nationality Act to cover engaging in specified actions with knowledge that the violator is acting in reckless disregard of the fact that a person is an alien. Prohibits bringing or attempting to bring an alien to the United States at a place other than a designated port of entry or a place designated by the Under Secretary for Border and Transportation Security, regardless of: (1) whether the alien received prior official authorization to enter the United States; (2) whether the person bringing the alien intended to violate any criminal law; or (3) any future official action which may be taken with respect to that alien. Prohibits the commission of an offense with knowledge or reason to believe that the alien unlawfully brought to or into the United States has engaged in or intends to engage in terrorist activity.
Directs the U.S. Sentencing Commission to review and amend the Federal Sentencing Guidelines and related policy statements to implement this Act and to reflect the serious nature of the offenses and penalties referred to in this Act, the growing incidence of alien smuggling, and the need to deter, prevent, and punish such offenses. | A bill to provide for enhanced criminal penalties for crimes related to slavery and alien smuggling. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Advanced Streamlined
Electronic Services for Constituents Act of 2018'' or the ``CASES
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) congressional offices provide crucial services to
constituents by acting as a liaison between the constituents
and the respective agencies;
(2) this includes assisting constituents by making
inquiries and working toward resolutions on behalf of the
constituent with the respective agencies; and
(3) this process should be simplified through the creation
of electronic forms that may be submitted under section 552a of
title 5, United States Code (commonly referred to as the
Privacy Act), thus modernizing the process for constituents and
improving access and efficiency of Government services and
agencies in order to expedite the resolution of the problem for
which constituents sought help.
SEC. 3. OMB GUIDANCE ON ELECTRONIC CONSENT FORMS.
(a) Guidance.--Not later than 1 year after the date of the
enactment of this Act, the Director shall issue guidance that does the
following:
(1) Establishes--
(A) standards for each agency to develop an
electronic identity proofing and authentication process
for allowing an individual to provide a prior written
electronic consent form for the disclosure of the
individual's record under section 552a(b) of title 5,
United States Code, or for individual access to a
record under section 552a(d) of such title; or
(B) a method by which each agency can
electronically identity proof and authenticate an
individual submitting an electronic consent form
through a central online portal.
(2) Creates a template for an electronic consent form that
can be properly identity proofed and authenticated in
accordance with paragraph (1).
(3) Requires each agency to accept the electronic consent
form described in paragraph (2) that provides consent from any
individual properly identity proofed and authenticated in
accordance with paragraph (1) from the individual providing
consent or an entity other than the individual, including a
congressional office, on behalf of the individual for the
purpose of authorizing the disclosure of the individual's
record in accordance with section 552a(b) or 552a(d) of title
5, United States Code.
(4) Authorizes each agency to provide an online link to the
consolidated online portal described under subsection (b)(1).
(b) Portal; Consent Identifier; Congressional Function.--
(1) Consolidated online portal.--
(A) Operation of portal.--The Director (or a
designee) shall operate (or designate the head of an
agency to operate) a consolidated online portal that
allows a member of the public to submit an electronic
consent form in accordance with the guidance issued
pursuant to subsection (a) to any agency from a single
website.
(B) Privacy and other features.--The portal shall
include features to protect the privacy of individuals
using the portal and may include any additional
functions the Director finds will improve the
implementation of this section.
(C) Use of existing website or portal.--The
Director may use any existing website or portal to
satisfy the requirements of this subsection, including
the portal established under section 552(m) of title 5,
United States Code.
(2) Consent identifier.--The Director, or a designee, shall
assign each consent form submitted through the portal described
in paragraph (1) a consent identifier, which shall be provided
to the agency and the individual or entity submitting the
consent form. The agency shall track the consent form with the
consent identifier.
(3) Congressional assistance function.--
(A) In general.--The Director, or a designee, shall
ensure the operation of a function that allows a
congressional office to provide a publicly available
online link to the portal described in paragraph (1),
which shall auto-populate information about such
congressional office, including an indication of
consent for such office to access a record in
accordance with section 552a(b) of title 5, United
States Code, in the consent form accessed through the
portal.
(B) Notification of consent identifier required.--
The Director, or a designee, shall ensure the function
sends the consent identifier to the congressional
office when a consent form is submitted to an agency
through the portal as accessed through the function.
(c) Agency Compliance.--Each agency shall comply with the guidance
issued pursuant to subsection (a) not later than 1 year after the date
on which such guidance is issued.
(d) Definitions.--In this section:
(1) Agency; individual; record.--The terms ``agency'',
``individual'', and ``record'' have the meanings given those
terms in section 552a(a) of title 5, United States Code.
(2) Consent identifier.--The term ``consent identifier''
means a nonproprietary, unique identification number.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.
Passed the House of Representatives July 16, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Creating Advanced Streamlined Electronic Services (CASES) for Constituents Act of 2017 This bill amends the Privacy Act of 1974 to require each executive agency to establish a system that allows an individual, or an entity authorized to act on such individual's behalf, to electronically submit a release form that grants another entity access to information in such system pertaining to the individual. The Office of Management and Budget shall establish a uniform release form to be used across agencies for such electronic submission. | Creating Advanced Streamlined Electronic Services (CASES) for Constituents Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Internship Improvement
Act''.
SEC. 2. FEDERAL INTERNSHIP PROGRAMS.
(a) Internship Coordinator.--The head of each Federal agency
operating an internship program shall appoint an individual within such
agency to serve as an internship coordinator.
(b) Online Information.--
(1) Agencies.--The head of each Federal agency operating an
internship program shall make publicly available on the
Internet--
(A) the name and contact information of the
internship coordinator for such program; and
(B) information regarding application procedures
and deadlines for such internship program.
(2) Office of personnel management.--The Office of
Personnel Management shall make publicly available on the
Internet links to the websites where the information described
in paragraph (1) is displayed.
(c) Centralized Database.--The Office of Personnel Management shall
establish and maintain a centralized electronic database that contains
the names, contact information, and relevant skills of individuals who
have completed or are nearing completion of an internship program and
are currently seeking full-time Federal employment.
(d) Noncompetitive Appointment.--
(1) Appointment.--Under such regulations as the Office of
Personnel Management shall prescribe, the head of an agency may
make a noncompetitive appointment leading to conversion to
term, career, or career-conditional employment of an individual
if the individual--
(A) has completed an internship program;
(B) is recommended for such appointment by the
agency in which the individual served as an intern; and
(C) satisfies such other requirements and
conditions as the Office of Personnel Management may
prescribe.
(2) Term appointment conversion.--An intern appointed to
term employment under paragraph (1) may subsequently be
converted noncompetitively to a career or career-conditional
appointment before the term appointment expires.
(3) Regulations.--The Office of Personnel Management shall
prescribe such regulations as the Office considers necessary to
carry out this subsection.
(e) Report.--
(1) In general.--The head of each Federal agency operating
an internship program shall annually submit to the Office of
Personnel Management a report assessing such internship
program.
(2) Contents.--Each report required under paragraph (1) for
a Federal agency shall include, for the one-year period ending
on March 1 of the year in which the report is submitted--
(A) the number of interns that participated in an
internship program at such agency;
(B) information regarding the demographic
characteristics of interns at such agency, including
educational background;
(C) the percentage of individuals who began full-
time Federal employment at such agency who were
appointed to such employment in accordance with
subsection (d);
(D) a description of the steps taken by such agency
to increase such percentage, and any barriers
encountered;
(E) a description of activities engaged in by such
agency to recruit new interns, including locations and
methods;
(F) a description of the diversity of work roles
offered within internship programs at such agency;
(G) a description of the mentorship portion of such
internship programs; and
(H) a summary of exit interviews conducted by such
agency upon completion of an internship program by an
intern.
(3) Submission.--Each report required under paragraph (1)
shall be submitted to the Office of Personnel Management
between March 1 and March 31 of each year. Not later than April
30 of each year, the Office of Personnel Management shall
submit to Congress a report summarizing the information
submitted to the Office of Personnel Management in accordance
with paragraph (1) for such year.
(f) Definitions.--In this section:
(1) Internship program.--The term ``internship program''
means a program established by a Federal agency to provide
educational employment experiences to individuals whose service
in such agency will not be used to displace any employee.
(2) Intern.--The term ``intern'' means an individual
serving in an internship program. | Federal Internship Improvement Act - Directs the head of each federal agency operating an internship program to: (1) appoint an internship coordinator within the agency; and (2) make publicly available on the Internet such coordinator's name and contact information and information regarding application procedures and deadlines for the program.
Directs the Office of Personnel Management (OPM) to: (1) make publicly available on the Internet links to the websites where such information is displayed; and (2) establish and maintain a centralized electronic database that contains the names, contact information, and relevant skills of individuals who have completed or are nearing completion of an internship program and are currently seeking full-time federal employment.
Authorizes agencies to make noncompetitive appointments leading to conversion to term, career, or career-conditional employment of individuals who have completed an internship program. Permits an intern appointed to term employment to subsequently be converted noncompetitively to a career or career-conditional appointment before the term appointment expires.
Directs each agency to report to OPM annually on its internship program. | To improve Federal internship programs to facilitate hiring of full-time Federal employees, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liberian Refugee Immigration
Fairness Act of 1998''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment before April 1,
2000; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) is a national of Liberia; and
(2)(A) who was granted temporary protected status on or
after March 27, 1991; or
(B) was eligible to apply for temporary protected status on
or after March 27, 1991.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if--
(A) the alien is a national of Liberia;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or daughter shall be
required to establish that they have been physically present in the
United States for at least 1 year and is physically present in the
United States on the date the application for such adjustment is filed.
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(D) the alien is otherwise eligible to receive an
immigration visa and is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for
exclusion specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible. | Liberian Refugee Immigration Fairness Act of 1998 - Provides for the permanent resident status adjustment of certain Liberian nationals who were granted, or are eligible to apply for, temporary protected status as of a specified date. | Liberian Refugee Immigration Fairness Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hallways to Health Act''.
SEC. 2. SCHOOL-BASED HEALTH CENTERS.
Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is
amended by adding at the end the following new section:
``SEC. 2114. GRANTS AND PROGRAMS TO IMPROVE ACCESS TO, AND THE DELIVERY
OF, CHILDREN'S HEALTH SERVICES THROUGH SCHOOL-BASED
HEALTH CENTERS.
``(a) Grants to School-Based Health Centers To Encourage Children
To Adopt Healthy Behaviors.--
``(1) Establishment.--Not later than 18 months after the
date of enactment of this subsection, the Secretary shall
publish criteria to enable school-based health centers to apply
for grants for the purpose of assisting eligible children under
this title and title XIX and other children by providing
funding for community health workers to facilitate children's
access to services that encourage children to adopt healthy
behaviors and to improve the quality and cultural competence of
the delivery of such services. Not later than 2 years after
such date, the Secretary shall award grants to school-based
health centers for such purposes.
``(2) Requirements.--A school-based health center that
employs individuals who meet the Bureau of Labor Statistics
standard occupational definition of `health educator' (21-1091
or any successor classification number) or `community health
worker' (21-1094 or any successor classification number) shall
be eligible for a grant under this subsection.
``(3) Reporting.--
``(A) By grantees.--A grantee under this subsection
shall annually submit to the Secretary a report
containing a description of the services provided under
the grant, the data collected with respect to such
services, a description of the efficacy of such
services, any other information determined appropriate
by the Secretary.
``(B) By secretary.--The Secretary biennially shall
submit to Congress a report on the efficacy of the
grant program established under this subsection.
``(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection. Funds appropriated under the
preceding sentence shall remain available until expended.''.
SEC. 3. ESTABLISHMENT AND EXPANSION OF DEMONSTRATION PROGRAMS TO
PROVIDE TELE-HEALTH SERVICES AT SCHOOL-BASED HEALTH
CENTERS.
Section 2114 of the Social Security Act (as added by section 2), is
amended by adding at the end the following new subsection:
``(b) Establishment and Expansion of Tele-Health Services
Demonstration Programs.--
``(1) Establishment.--Not later than 18 months after the
date of enactment of this subsection, the Secretary shall
publish criteria for the establishment of a demonstration
program to provide new tele-health services, or to expand
existing tele-health service programs, located at school-based
health centers. A school-based health center's receipt of funds
under the demonstration program under this subsection shall not
preclude the school-based health center from being reimbursed
by public or private health insurance programs according to
State law and regulation for items and services furnished by or
through the center.
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection. Funds appropriated under the
preceding sentence shall remain available until expended.''.
SEC. 4. ASSURANCE OF PAYMENT UNDER MEDICAID AND CHIP FOR COVERED ITEMS
AND SERVICES FURNISHED BY CERTAIN SCHOOL-BASED HEALTH
CENTERS.
(a) State Plan Requirement.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended by inserting after paragraph (77)
the following new paragraph:
``(78) provide that the State shall certify to the
Secretary that the State has implemented procedures to pay for
medical assistance (including care and services described in
subsections (a)(4)(B) and (r) of section 1905 and provided in
accordance with section 1902(a)(43)) furnished in a school-
based health center (as defined in section 2110(c)(9)), if
payment would be made under the State plan for the same items
and services if furnished in a physician's office or other
outpatient clinic (including if such payment would be included
in the determination of a prepaid capitation or other risk-
based rate of payment to an entity under a contract pursuant to
section 1903(m));''.
(b) Application to CHIP.--Section 2107(e)(1) of the Social Security
Act (42 U.S.C. 1397gg(e)(1)) is amended--
(1) by redesignating subparagraphs (E) through (O) as
subparagraphs (F) through (P), respectively; and
(2) by inserting after subparagraph (D), the following new
subparagraph:
``(E) Section 1902(a)(78) (relating to procedures
to ensure payment for covered services furnished in a
school-based health center).''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2016.
SEC. 5. OTHER IMPROVEMENTS.
(a) In General.--Section 399Z-1 of the Public Health Service Act
(42 U.S.C. 280h-5) is amended--
(1) in subsection (a)(1), in the matter preceding
subparagraph (A), by inserting ``either in person or via
telehealth,'' after ``health centers,'';
(2) in subsection (a)(3)(A), by inserting before the
semicolon the following: ``, and include universities,
accountable care organizations, and behavioral health
organizations'';
(3) in subsection (c)(2)(C)(4), by inserting ``and health
education'' after ``health services'';
(4) in subsection (e), by striking ``may--'' and all that
follows through the end and inserting ``may, upon a showing of
good cause, waive the requirement that the SBHC provide all
required comprehensive primary health services for a period of
not to exceed 2 years.'';
(5) in subsection (i), by inserting before the period the
following: ``, including using existing quality performance
measures funded by the Federal Government for such entities'';
(6) in subsection (l)--
(A) by striking ``2014'' and inserting ``2021'';
and
(B) by redesignating such subsection as subsection
(n); and
(7) by inserting after subsection (k), the following:
``(l) Technical Assistance.--The Secretary, acting directly or
through the awarding of grants or contracts to private, nonprofit
entities shall establish or support existing State school-based health
center resource centers that--
``(1) provide advocacy, training, and technical assistance
to school-based health centers, including maximizing Federal
and State resources;
``(2) support the development of school-based health
centers; and
``(3) enhance the operations and performance of school-
based health centers.
``(m) Authorization of Appropriations.--For purposes of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary.''.
(b) Covered Entity.--Section 340B(a)(4) of the Public Health
Service Act (42 U.S.C. 256b(a)(4)) is amended by adding at the end the
following:
``(P) A school-based health center.''.
(c) Qualified Health Plans.--Section 1311(c)(1)(C) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031(c)(1)(C)) is
amended by inserting ``, providers defined in section 2110(c)(9) of the
Social Security Act,'' after ``Public Health Service Act''. | Hallways to Health Act This bill amends titles XIX (Medicaid) and XXI (Children's Health Insurance Program [CHIP]) of the Social Security Act to: establish a grant program for school-based health centers to, with respect to children who are eligible for Medicaid and CHIP, facilitate access to services and encourage the adoption of healthy behaviors; establish a demonstration program for the provision or expansion of telehealth services in school-based health centers; and require state Medicaid and CHIP programs to cover services furnished by school-based health centers. In addition, the bill amends the Public Health Service Act to reauthorize through FY2021 and revise school-based health center programs. The bill also amends the Patient Protection and Affordable Care Act to specify that school-based health centers are essential community providers for purposes of inclusion in a qualified health plan. | Hallways to Health Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sickle Cell Treatment Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Sickle Cell Disease (in this section referred to as
``SCD'') is an inherited disease of red blood cells that is a
major health problem in the United States.
(2) Approximately 70,000 Americans have SCD and
approximately 1,800 American babies are born with the disease
each year. SCD also is a global problem with close to 300,000
babies born annually with the disease.
(3) In the United States, SCD is most common in African-
Americans and in those of Hispanic, Mediterranean, and Middle
Eastern ancestry. Among newborn American infants, SCD occurs in
approximately 1 in 300 African-Americans, 1 in 36,000
Hispanics, and 1 in 80,000 Caucasians.
(4) More than 2,500,000 Americans, mostly African-
Americans, have the sickle cell trait. These Americans are
healthy carriers of the sickle cell gene who have inherited the
normal hemoglobin gene from 1 parent and the sickle gene from
the other parent. A sickle cell trait is not a disease, but
when both parents have the sickle cell trait, there is a 1 in 4
chance with each pregnancy that the child will be born with
SCD.
(5) Children with SCD may exhibit frequent pain episodes,
entrapment of blood within the spleen, severe anemia, acute
lung complications, and priapism. During episodes of severe
pain, spleen enlargement, or acute lung complications, life
threatening complications can develop rapidly. Children with
SCD are also at risk for septicemia, meningitis, and stroke.
Children with SCD at highest risk for stroke can be identified
and, thus, treated early with regular blood transfusions for
stroke prevention.
(6) The most feared complication for children with SCD is a
stroke (either overt or silent) occurring in 30 percent of the
children with sickle cell anemia prior to their 18th birthday
and occurring in infants as young as 18 months of age. Students
with SCD and silent strokes may not have any physical signs of
such disease or strokes but may have a lower educational
attainment when compared to children with SCD and no strokes.
Approximately 60 percent of students with silent strokes have
difficulty in school, require special education, or both.
(7) Many adults with SCD have acute problems, such as
frequent pain episodes and acute lung complications that can
result in death. Adults with SCD can also develop chronic
problems, including pulmonary disease, pulmonary hypertension,
degenerative changes in the shoulder and hip joints, poor
vision, and kidney failure.
(8) The average life span for an adult with SCD is the mid-
40s. While some patients can remain without symptoms for years,
many others may not survive infancy or early childhood. Causes
of death include bacterial infection, stroke, and lung, kidney,
heart, or liver failure. Bacterial infections and lung injuries
are leading causes of death in children and adults with SCD.
(9) As a complex disorder with multisystem manifestations,
SCD requires specialized comprehensive and continuous care to
achieve the best possible outcome. Newborn screening, genetic
counseling, and education of patients and family members are
critical preventative measures that decrease morbidity and
mortality, delaying or preventing complications, in-patient
hospital stays, and increased overall costs of care.
(10) Stroke in the adult SCD population commonly results in
both mental and physical disabilities for life.
(11) Currently, one of the most effective treatments to
prevent or treat an overt stroke or a silent stroke for a child
with SCD is at least monthly blood transfusions throughout
childhood for many, and throughout life for some, requiring
removal of sickle blood and replacement with normal blood.
(12) With acute lung complications, transfusions are
usually required and are often the only therapy demonstrated to
prevent premature death.
SEC. 3. INCLUSION OF PRIMARY AND SECONDARY PREVENTATIVE MEDICAL
STRATEGIES FOR CHILDREN AND ADULTS WITH SICKLE CELL
DISEASE AS MEDICAL ASSISTANCE UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(26);
(B) by redesignating paragraph (27) as paragraph
(28); and
(C) by inserting after paragraph (26), the
following:
``(27) subject to subsection (x), primary and secondary
preventative medical strategies, including prophylaxes, and
treatment and services for individuals who have Sickle Cell
Disease; and''; and
(2) by adding at the end the following:
``(x) For purposes of subsection (a)(27), the strategies,
treatment, and services described in that subsection include the
following:
``(1) Chronic blood transfusion (with deferoxamine
chelation) to prevent stroke in individuals with Sickle Cell
Disease who have been identified as being at high risk for
stroke.
``(2) Genetic counseling and testing for individuals with
Sickle Cell Disease or the sickle cell trait.
``(3) Other treatment and services to prevent individuals
who have Sickle Cell Disease and who have had a stroke from
having another stroke.''.
(b) Federal Reimbursement for Education and Other Services Related
to the Prevention and Treatment of Sickle Cell Disease.--Section
1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)) is
amended--
(1) in subparagraph (D), by striking ``plus'' at the end
and inserting ``and''; and
(2) by adding at the end the following:
``(E) 50 percent of the sums expended with respect
to costs incurred during such quarter as are
attributable to providing--
``(i) services to identify and educate
individuals who have Sickle Cell Disease or who
are carriers of the sickle cell gene, including
education regarding how to identify such
individuals; or
``(ii) education regarding the risks of
stroke and other complications, as well as the
prevention of stroke and other complications,
in individuals who have Sickle Cell Disease;
plus''.
(c) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act and apply to medical
assistance and services provided under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.) on or after that date, without regard to
whether final regulations to carry out such amendments have been
promulgated by such date.
SEC. 4. DEMONSTRATION PROGRAM FOR THE DEVELOPMENT AND ESTABLISHMENT OF
SYSTEMIC MECHANISMS FOR THE PREVENTION AND TREATMENT OF
SICKLE CELL DISEASE.
(a) Authority To Conduct Demonstration Program.--
(1) In general.--The Administrator, through the Bureau of
Primary Health Care and the Maternal and Child Health Bureau,
shall conduct a demonstration program by making grants to up to
40 eligible entities for each fiscal year in which the program
is conducted under this section for the purpose of developing
and establishing systemic mechanisms to improve the prevention
and treatment of Sickle Cell Disease, including through--
(A) the coordination of service delivery for
individuals with Sickle Cell Disease;
(B) genetic counseling and testing;
(C) bundling of technical services related to the
prevention and treatment of Sickle Cell Disease;
(D) training of health professionals; and
(E) identifying and establishing other efforts
related to the expansion and coordination of education,
treatment, and continuity of care programs for
individuals with Sickle Cell Disease.
(2) Grant award requirements.--
(A) Geographic diversity.--The Administrator shall,
to the extent practicable, award grants under this
section to eligible entities located in different
regions of the United States.
(B) Priority.--In awarding grants under this
section, the Administrator shall give priority to
awarding grants to eligible entities that are--
(i) Federally-qualified health centers that
have a partnership or other arrangement with a
comprehensive Sickle Cell Disease treatment
center that does not receive funds from the
National Institutes of Health; or
(ii) Federally-qualified health centers
that intend to develop a partnership or other
arrangement with a comprehensive Sickle Cell
Disease treatment center that does not receive
funds from the National Institutes of Health.
(b) Additional Requirements.--An eligible entity awarded a grant
under this section shall use funds made available under the grant to
carry out, in addition to the activities described in subsection
(a)(1), the following activities:
(1) To facilitate and coordinate the delivery of education,
treatment, and continuity of care for individuals with Sickle
Cell Disease under--
(A) the entity's collaborative agreement with a
community-based Sickle Cell Disease organization or a
nonprofit entity that works with individuals who have
Sickle Cell Disease;
(B) the Sickle Cell Disease newborn screening
program for the State in which the entity is located;
and
(C) the maternal and child health program under
title V of the Social Security Act (42 U.S.C. 701 et
seq.) for the State in which the entity is located.
(2) To train nursing and other health staff who specialize
in pediatrics, obstetrics, internal medicine, or family
practice to provide health care and genetic counseling for
individuals with the sickle cell trait.
(3) To enter into a partnership with adult or pediatric
hematologists in the region and other regional experts in
Sickle Cell Disease at tertiary and academic health centers and
State and county health offices.
(4) To identify and secure resources for ensuring
reimbursement under the medicaid program, State children's
health insurance program, and other health programs for the
prevention and treatment of Sickle Cell Disease, including the
genetic testing of parents or other appropriate relatives of
children with Sickle Cell Disease and of adults with Sickle
Cell Disease.
(c) National Coordinating Center.--
(1) Establishment.--The Administrator shall enter into a
contract with an entity to serve as the National Coordinating
Center for the demonstration program conducted under this
section.
(2) Activities described.--The National Coordinating Center
shall--
(A) collect, coordinate, monitor, and distribute
data, best practices, and findings regarding the
activities funded under grants made to eligible
entities under the demonstration program;
(B) develop a model protocol for eligible entities
with respect to the prevention and treatment of Sickle
Cell Disease;
(C) develop educational materials regarding the
prevention and treatment of Sickle Cell Disease; and
(D) prepare and submit to Congress a final report
that includes recommendations regarding the
effectiveness of the demonstration program conducted
under this section and such direct outcome measures
as--
(i) the number and type of health care
resources utilized (such as emergency room
visits, hospital visits, length of stay, and
physician visits for individuals with Sickle
Cell Disease); and
(ii) the number of individuals that were
tested and subsequently received genetic
counseling for the sickle cell trait.
(d) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Administrator at such time,
in such manner, and containing such information as the Administrator
may require.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Health Resources and Services
Administration.
(2) Eligible entity.--The term ``eligible entity'' means a
Federally-qualified health center, a nonprofit hospital or
clinic, or a university health center that provides primary
health care, that--
(A) has a collaborative agreement with a community-
based Sickle Cell Disease organization or a nonprofit
entity with experience in working with individuals who
have Sickle Cell Disease; and
(B) demonstrates to the Administrator that either
the Federally-qualified health center, the nonprofit
hospital or clinic, the university health center, the
organization or entity described in subparagraph (A),
or the experts described in subsection (b)(3), has at
least 5 years of experience in working with individuals
who have Sickle Cell Disease.
(3) Federally-qualified health center.--The term
``Federally-qualified health center'' has the meaning given
that term in section 1905(l)(2)(B) of the Social Security Act
(42 U.S.C. 1396d(l)(2)(B)).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $10,000,000 for each of fiscal
years 2004 through 2009. | Sickle Cell Treatment Act of 2003 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to include primary and secondary preventative medical strategies, treatment, and services, including genetic counseling and testing, for individuals who have Sickle Cell Disease as medical assistance under the Medicaid program.Directs the Administrator of the Health Resources and Services Administration to conduct a demonstration program for the development and establishment of systemic mechanisms, including a National Coordinating Center, to improve the prevention and treatment of Sickle Cell Disease. | To amend title XIX of the Social Security Act to include primary and secondary preventative medical strategies for children and adults with Sickle Cell Disease as medical assistance under the Medicaid Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sound Science for the Environment
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States lacks an effective mechanism for
providing and communicating a comprehensive, objective, and
credible scientific understanding of environmental issues in a
timely manner to policymakers and the public.
(2) An appropriate understanding of the diverse scientific
issues that underlie the environmental problems facing the
United States is essential to finding environmentally and
economically sound solutions to these problems.
(3) To be useful, this understanding requires the
integration of ongoing assessments of the state of scientific
knowledge with credible problem-focused research, the
communication of scientific information, and the appropriate
education and training of environmental scientists, engines,
and other professionals.
(4) A healthy environment is essential to an enhanced
quality of life, a competitive economy, and national security.
(5) It is imperative that our Nation wisely expend its
fiscal resources by eliminating duplication of certain Federal
environmental research, and by consolidating Federal
environmental science programs resulting in a more cost-
effective and efficient use of resources, to achieve a better
integration of an overall national environmental research
strategy.
SEC. 3. PURPOSE.
The purpose of this Act is to consolidate certain governmental
environmental science functions and create an independent institute
to--
(1) improve the scientific basis for decision-making on
environmental issues by integrating the functions of knowledge
assessment, research, information services, and education and
training; and
(2) provide national leadership in environmental science
and research.
SEC. 4. ESTABLISHMENT OF THE NATIONAL INSTITUTE FOR THE ENVIRONMENT.
There is hereby established as an independent agency the National
Institute for the Environment. The mission of the Institute shall be to
improve the scientific basis for decisionmaking on environment issues.
SEC. 5. DUTIES AND FUNCTIONS.
The duties and functions of the Institute shall be--
(1) to initiate, facilitate, and where appropriate perform
comprehensive assessments of the current state of knowledge of
environmental issues and their implications;
(2) to establish a Center for Environmental Assessment with
duties to--
(A) identify emerging issues and problems by
evaluating conditions and trends of the state of the
environment;
(B) determine the state of environmental knowledge
by identifying what is known about particular issues
and the voids in the current knowledge base;
(C) evaluate implications of that knowledge and
communicate scientific understanding of environmental
issues to decisionmakers and the public;
(D) identify areas of research that would provide
the scientific information needed by decisionmakers and
the public on critical environmental issues and
evaluate constraints which may affect the conduct of
this research, including the limitations in
technological, human, and economic resources;
(E) assist the Board and Director of the Institute
in setting goals and priorities for the Institute; and
(F) cooperate with and utilize the National Academy
of Sciences and similar scientific organizations where
appropriate;
(3) to award competitively peer-reviewed grants, and where
appropriate contracts, competitively for extramural scientific
research;
(4) to establish a Directorate of Research with duties to--
(A) fund issue-oriented research on--
(i) environmental resources (including
inventories, monitoring, and characterization);
(ii) environmental systems (including
mechanisms, processes, and effects); and
(iii) environmental sustainability
(including strategies, methods, and
techniques);
(B) ensure that such research is disciplinary,
multidisciplinary, and interdisciplinary, and organized
around priority environmental issues, including the
human dimensions associated with environmental
problems;
(5) to establish a National Library for the Environment as
a universally accessible, easy to use, electronic, state-of-
the-art information system for scientists, decisionmakers, and
the public, which shall--
(A) link existing information networks and
collections of environmental information, such as
libraries, specialized information centers, data and
statistical centers, government and private sector
repositories of information, and individual experts;
(B) provide quality-assured data and information by
maintaining information about data sets, including who
generated the information, by what methods they were
collected, and whether the methods and information were
peer-reviewed;
(C) conduct targeted information programs by
developing products and packaging information, in
various media that are most accessible to specific
groups or needs; and
(D) provide long-term maintenance and management of
the Nation's environmental information resources,
through the promotion and development of policies and
standards for managing and providing access to
environmental data and information; and
(6) to sponsor education and training of environmental
scientists and professionals and to improve the public
environmental literacy, including by establishing a Directorate
of Education and Training with duties to--
(A) award competitive scholarships, traineeships,
fellowships, and other arrangements at universities,
colleges, and other institutions for study and research
in disciplinary and interdisciplinary environmental
sciences, and for improving environmental literacy;
(B) support curriculum and program development,
along with teacher training programs, at colleges,
universities, and public institutions;
(C) actively involve women, minorities, members of
other underrepresented groups, and affected
communities; and
(D) sponsor public environmental education
programs, including using the National Library for the
Environment and other means to disseminate knowledge
about the environment.
SEC. 6. BOARD OF GOVERNORS.
(a) Establishment.--There shall be a Board of Governors for the
Institute which shall establish goals, priorities, and policies of the
Institute and serve in the national interest.
(b) Membership.--
(1) Appointment.--The Board shall be composed of 18 members
who shall be appointed by the President by and with the advice
and consent of the Senate.
(2) Representation.--The members of the Board shall be
comprised of approximately equal numbers of non-Federal
scientists and users of scientific information on the
environment, and shall include individuals--
(A) who as scientists, users of scientific
information, or those who are affected by environmental
issues, are individuals from diverse groups, including
State, tribal, and local governments, business,
environmental and citizens groups, academia, other
organizations, and the public;
(B) have an established record of distinguished
service and expertise in their fields; and
(C) who among the scientists represent the
diversity of fields that study the environmental.
(c) Special Considerations.--In making appointments under this
section, the President shall seek to provide for representation on the
Board of women, minority groups, and individuals recommended by the
National Academy of Sciences, the National Academy of Engineering, and
other groups.
(d) Terms.--Members of the Board shall serve the following terms:
(1) In general.--Except as provided in paragraph (2), a
member of the Board shall serve for a 6-year term.
(2) Initial terms.--Of the initial members of the Board, as
specified by the President at the time of appointment--
(A) 6 members shall serve an initial term of 2
years;
(B) 6 members shall serve an initial term of 4
years; and
(C) 6 members shall serve an initial term of 6
years.
(3) Subsequent terms.--An individual may not serve as a
member of the Board for more than 2 consecutive 6-year terms.
(e) Meetings.--Meetings of the Board may be called by the Chair or
a majority of its members at any time, and should occur no less than 4
times a year.
(f) Chair.--The Chair of the Board shall be elected by the Board
from among its members.
(g) Reports.--On January 31 following completion of appointment of
the members of the Board, and every 2 years thereafter, the Board shall
report on the work, findings, and accomplishments of the Institute,
including an indication of likely priorities of the Institute for the
2-year period following. Reports of findings on specific environmental
matters may be issued by the Board at any time, including periodic
evaluation of the conditions and trends of the environment. Reports of
the Board shall be transmitted to the President, the Congress, and
Federal agencies in a timely fashion and shall be available to the
general public.
(h) Advisory Committees.--The Board may establish such advisory
committees as the Board considers necessary. The Board shall consult
with the Interagency Advisory Committee established by section 9 and
advisory committees established under this subsection, to ensure
coordination and to avoid duplication.
(i) Travel Expenses.--Each member of the Board who is not an
officer or employee of the United States may receive travel expenses,
including per diem in lieu of subsistence, in the same manner as travel
expenses are allowed under section 5703 of title 5, United States Code,
for persons serving intermittently in the Government service.
(j) Prohibition of Compensation of Federal Employees.--Members of
the Board who are full-time officers or employees of the United States
or Members of Congress may not receive additional pay, allowances, or
benefits by reason of service on the Board.
SEC. 7. STAFF.
(a) Director.--
(1) In general.--The Institute shall be administered by a
Director, who shall be appointed by the President by and with
the advice and consent of the Senate. In appointing the
Director, the President--
(A) shall solicit nominations from the Board and
established scientific organizations; and
(B) shall appoint an individual who has an
established record of distinguished service and
expertise in the environmental sciences.
(2) Authority.--The Director shall exercise all authority
granted to the Institute in this Act, including powers
delegated by the Board, and all actions of the Director shall
be final and binding on the Institute.
(3) Duties.--The Director shall be responsible for the
integration of the duties and functions of the Institute as
described in section 5, and for ensuring the full involvement
of all relevant environmental sciences and the full range of
users in these duties.
(4) Pay; term of office.--The Director shall receive basic
pay at a rate not to exceed the rate provided for level II of
the Executive Schedule under section 5313 of title 5, United
States Code, and shall serve for a term of 6 years.
(5) Member of council.--The Director shall be a member on
the National Science and Technology Council.
(6) Ex-officio member of board.--The Director shall be a
nonvoting, ex-officio member of the Board.
(b) Assistant Directors.--The Director shall appoint, in
consultation with the Board, Assistant Directors for the Center for
Environmental Assessment, the Directorate of Research, the National
Library for the Environment, and the Directorate of Education and
Training to carry out the duties and functions of the Institute and to
ensure that all functions of the Institute are properly integrated.
SEC. 8. INTERAGENCY COOPERATION.
(a) Acquisition of Information From Other Agencies.--The Institute
may acquire from the head of any Federal agency unclassified data and
nonproprietary knowledge and information obtained and possessed by
other Federal agencies which the Institute considers useful in the
discharge of its duties. The head of each Federal agency shall
cooperate with the Institute to furnish all information required by the
Director that is requested by the Institute.
(b) Access to Information and Products of Institute.--The Institute
shall cooperate with all Federal agencies to ensure that the
information and products of the Institute are useful and accessible to
all agencies.
SEC. 9. INTERAGENCY ADVISORY COMMITTEE.
(a) Establishment.--There is hereby established an Interagency
Advisory Committee to ensure that the environmental efforts of the
Institute and other Federal agencies are complementary.
(b) Duties.--The Interagency Advisory Committee shall provide
recommendations and advice to the Board to help ensure that--
(1) the Institute's priorities incorporate the needs and
activities of other agencies;
(2) the activities of the Institute support and complement
and do not duplicate the existing programs of the agencies; and
(3) other Federal agencies are informed of the scientific
findings of the Institute.
(c) Composition.--The Interagency Advisory Committee shall consist
of the heads (or their designees of other Federal agencies, including
the Environmental Protection Agency, the National Oceanic and
Atmospheric Administration, the National Institutes of Health, the
National Science Foundation, the Department of Defense, the Department
of Energy, the Department of the Interior, the Department of
Agriculture, the Department of Transportation, the National Aeronautics
and Space Administration, the National Science and Technology Council,
the Council on Environmental Quality, and the Department of Housing and
Urban Development.
(d) Chair.--The Interagency Advisory Committee shall elect a Chair,
who shall be a nonvoting, ex officio member of the Board.
SEC. 10. GRANTS, CONTRACTS, AND OTHER AUTHORITIES.
(a) Authority To Provide Financial Assistance.--To carry out the
duties of the Institute under this Act, the Institute, subject to the
availability of appropriations, may enter into various financial
arrangements, including competitively awarded grants, loans,
cooperative agreements, and contracts to institutions, teams, and
centers, after rigorous peer review.
(b) Persons Eligible To Receive Funding.--Scientists, engineers,
and other researchers are eligible to receive funding from the
Institute under subsection (a), except that--
(1) scientists from Federal agencies shall not be given a
preference for funding based on their employment with the
Federal Government; and
(2) the receipt of funding from the Institute shall be
subject to any criteria and other requirements prescribed by
the Institute.
(c) Receipt of Funding From Other Persons.--
(1) Receipt.--To carry out particular projects and
activities under this Act the Institute may, subject to the
approval of the Board--
(A) receive funds from other Federal agencies; and
(B) accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and
personal.
(2) Use.--Funds received under this subsection shall be
deposited in the Treasury and shall be made available to the
Institute to the extent provided in appropriations Acts.
SEC. 11. RECOMMENDATIONS FOR TRANSFERS OF FUNCTIONS TO INSTITUTE.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the President, in consultation with the heads of
other Federal departments and independent agencies in the executive
branch, shall--
(1) submit to the Congress recommendations regarding
existing Federal programs that are appropriate for transfer to
the Institute; and
(2) include with those recommendations any draft
legislation the enactment of which is necessary to accomplish
those transfers.
(b) Identification of Appropriate Programs.--In implementing
subsection (a), the President shall consider a program to be
appropriate for transfer to the Institute if the program--
(1) is consistent with the mission of the Institute under
section 4;
(2) is non-regulatory;
(3) supports achievement of comprehensive, problem-focused,
anticipatory, multidisciplinary, and interdisciplinary science
programs; and
(4) supports achievement of extramural programs.
SEC. 12. DEFINITIONS.
As used in this Act:
(1) Board.--The term ``Board'' means the Board of Governors
of the Institute, established by section 6.
(2) Decisionmakers.--The term ``decision- makers'' means
elected or appointed officials of Federal, State, tribal, and
local governments, and similar individuals in the private
sector.
(3) Environmental sciences.--The term ``environmental
sciences'' means the full range of fields of study, including
biological, physical, chemical, geological, and social
sciences, engineering, and humanities, relevant to the
understanding of environmental problems.
(4) Institute.--The term ``Institute'' means the National
Institute for the Environment established by this Act.
(5) Scientist.--The term ``scientist'' means a practitioner
of science relevant to the environment.
HR 2827 IH----2 | Sound Science for the Environment Act - Establishes as an independent agency the National Institute for the Environment to: (1) initiate, facilitate, and perform comprehensive assessments of the current state of knowledge of environmental issues and their implications; (2) establish a Center for Environmental Assessment; (3) award competitively grants and contracts for extramural scientific research; (4) establish a Directorate of Research and a universally accessible National Library for the Environment; and (5) sponsor education and training of environmental scientists and professionals and improve public environmental literacy.
Establishes a Board of Governors for the Institute.
Provides for interagency acquisition of information and establishes an Interagency Advisory Committee to ensure that the environmental efforts of the Institute and other Federal agencies are complementary.
Makes scientists, engineers, and other researchers eligible to receive funding from the Institute.
Requires the President to submit to the Congress recommendations regarding existing non-regulatory Federal programs that are appropriate for transfer to the Institute, together with legislation to effect such transfers. | Sound Science for the Environment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Appalachia Opportunity Grants Act of
2018''.
SEC. 2. APPALACHIA INNOVATION GRANTS.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by adding at the end the following:
``SEC. 379I. APPALACHIA INNOVATION GRANTS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
unit of local government in the region.
``(2) Region.--The term `region' means the Appalachian
region (as defined in section 14102(a) of title 40, United
States Code).
``(b) Grants.--The Secretary may award grants to eligible entities
to convene groups of public and private entities to collaborate in
carrying out regional projects to accomplish positive economic and
community impacts in the region.
``(c) Collaborative Groups.--
``(1) In general.--To be eligible to receive a grant under
subsection (b), an eligible entity--
``(A) shall convene as part of the collaborative
group representatives of each of--
``(i) a local economic development board or
office in the region;
``(ii) a private company or association;
and
``(iii) an institution of higher education
(as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)) in the
region; and
``(B) may convene as part of the collaborative
group representatives of other entities (such as
venture capital firms, nonprofit organizations, and
philanthropic organizations) that the eligible entity
determines are important to the goal of the regional
project described in subsection (d)(2).
``(2) Referral process.--
``(A) In general.--The Secretary may assist in the
formation of a collaborative group under paragraph (1)
by establishing a referral process under which a
private company or association seeking to invest in a
particular area in the region is matched with an
eligible entity located in that area.
``(B) Database of potential investors.--In carrying
out subparagraph (A), the Secretary may--
``(i) establish and maintain a database of
private companies and associations seeking to
invest in the region; and
``(ii) coordinate with other Federal
agencies, including the Department of Commerce,
to register inquiries--
``(I) that are made to those
agencies by private companies and
associations seeking to invest in the
region; and
``(II) in the database described in
clause (i).
``(d) Project Requirements.--A regional project carried out by a
collaborative group under subsection (b) shall--
``(1) involve not fewer than 2 municipalities that share a
border; and
``(2) complete a specific activity that has as a goal--
``(A) job creation in the region;
``(B) expansion of the capacity of post-secondary
education in the region;
``(C) growth of tourism in the region;
``(D) improving public health in the region; or
``(E) upgrading regional infrastructure.
``(e) Applications.--
``(1) In general.--An eligible entity that has convened a
collaborative group described in subsection (c)(1) and
identified an activity for a regional project described in
subsection (d)(2) may submit to the Secretary an application
that includes--
``(A) a detailed description of--
``(i) a timeline for the completion of the
regional project; and
``(ii) the responsibilities of each member
of the collaborative group in carrying out the
regional project;
``(B) evidence that the collaborative group is a
public-private partnership;
``(C) evidence that the collaborative group will
maintain intermunicipality cooperation;
``(D) a description of the reasons that the
eligible entity requires Federal funds;
``(E) evidence that the eligible entity has
previously sought funding from State, local, or private
programs;
``(F) a description of the source of non-Federal
funds for the regional project;
``(G) a description of the positive economic or
community impact (including relating to education) of
the regional project;
``(H) an assessment of the assets and weaknesses of
the community in which the regional project will be
implemented;
``(I) a regional strategic plan that--
``(i) takes into account the assessment
described in subparagraph (H); and
``(ii) includes an analysis of the
alignment of the regional project with the
regional strategic plan; and
``(J) evidence, with full transparency and
credibility, of minimal obstruction to the completion
of the project design phase described in subsection
(f)(2)(A) by not later than 1 year after the date on
which the eligible entity receives the grant.
``(2) Priority.--The Secretary shall give priority to
applications submitted under paragraph (1) that describe a
positive, measurable economic impact.
``(f) Grant Funds.--
``(1) Limitation on grant amount.--A grant for a regional
project under subsection (b) shall be not more than $2,000,000.
``(2) Phases.--A grant under subsection (b) shall be
awarded in the following 2 phases:
``(A) Project design.--An eligible entity may use
50 percent of the grant during the period beginning on
the date on which the eligible entity receives the
grant and ending not later than 1 year after that date
to continue the planning and design of the regional
project, including activities such as--
``(i) workforce training;
``(ii) building design;
``(iii) permit approvals; and
``(iv) real estate arrangements.
``(B) Project development.--An eligible entity that
completes the planning and design of the regional
project under subparagraph (A) may use the remaining
grant funds for the completion of the construction and
implementation of the regional project.
``(3) Matching funds requirement.--An eligible entity that
receives a grant under subsection (b) shall provide non-Federal
funding equal to not less than 10 percent of the amount of the
grant.
``(4) Reservation of grant funds.--The Secretary shall
reserve 20 percent of the funds made available under subsection
(h) for each fiscal year to award grants to eligible entities
that convene collaborative groups that include a representative
of a private company or association that is located in the
region.
``(g) Review of Grant Program.--
``(1) Government accountability office review.--The
Comptroller General of the United States shall conduct a review
of the implementation of this section for--
``(A) the 2-year period beginning on the date on
which the Secretary begins to accept applications for
grants under this section; and
``(B) each 4-year period thereafter.
``(2) Reports to congress.--The Secretary shall submit to
Congress an annual report describing--
``(A) funding decisions under this section;
``(B) a justification for each grant awarded under
this section; and
``(C) with respect to each regional project that
has received a grant under this section, the extent to
which--
``(i) benchmarks for the project have been
met in accordance with the timeline for the
project; and
``(ii) the project may be considered an
example to other municipalities desiring a
grant under this section.
``(h) Funding.--Of amounts made available for the Dislocated Worker
National Reserve fund under section 132(a)(2)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3172(a)(2)(A)), $100,000,000
shall be used to carry out this section for each of fiscal years 2018
through 2027.''. | Appalachia Opportunity Grants Act of 2018 This bill amends the Consolidated Farm and Rural Development Act to authorize the Department of Agriculture to award grants for units of local government in the Appalachian region of the eastern United States to convene groups of public and private entities to collaborate in carrying out regional projects to accomplish positive economic and community impacts in the region. A regional project carried out by a collaborative group must: (1) involve at least two municipalities that share a border; and (2) complete a specific activity that has a goal of job creation, expansion of the capacity of post-secondary education, growth of tourism, improving public health, or upgrading regional infrastructure. | Appalachia Opportunity Grants Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Health Museum Act of
2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide for a site to be used for
the construction and operation of a national health museum.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(3) Committees.--The term ``Committees'' means the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(4) Museum.--The term ``Museum'' means the National Health
Museum, Inc., a District of Columbia nonprofit corporation
exempt from taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986.
(5) Northern portion of the property.--The term ``northern
portion of the property'' means that portion of the property
which the Administrator and Museum deem appropriate for the
museum facility.
(6) Property.--The term ``property'' means the property
located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of
Squares 325 and 326, and the westerly portions of Squares 351
and 352, including the parcel and structure commonly known as
the ``Cotton Annex''. The property is generally bounded by 12th
Street, Independence Avenue, Maryland Avenue, the James
Forrestal Building, and L'Enfant Plaza, all in Southwest,
Washington, D.C., and shall include all associated air rights,
improvements thereon, and appurtenances thereto.
(7) Southern portion of the property.--The term ``southern
portion of the property'' means that portion of the property
other than the northern portion of the property.
SEC. 4. CONVEYANCE OF PROPERTY.
(a) Authority to Convey.--
(1) In general.--Subject to the requirements of this Act,
the Administrator shall convey the property to the Museum on
such terms and conditions as the Administrator considers
reasonable and appropriate to protect the interests of the
United States and further the purposes of this Act.
(2) Agreement.--As soon as practicable, but not later than
60 days after the date of enactment of this Act, the
Administrator shall enter into an agreement with the Museum for
the conveyance.
(3) Terms and conditions.--The terms and conditions of the
agreement shall address, among other things, mitigation of
developmental impacts to existing Federal buildings and
structures, security concerns, and operational protocols for
development and use of the property.
(4) Separate conveyance of northern and southern
portions.--Under the agreement, the Administrator shall convey
the northern portion of the property separately from and, if so
agreed by the Administrator and the Museum, at a different time
than the southern portion of the property.
(b) Purchase Price.--
(1) In general.--The purchase price for the property shall
be its fair market value based on its highest and best use as
determined by an independent appraisal commissioned by the
Administrator and paid for by the Museum.
(2) Selection of appraiser.--The appraisal shall be
performed by an appraiser mutually acceptable to the
Administrator and the Museum.
(3) Terms and conditions for appraisal.--
(A) In general.--Except as provided by subparagraph
(B), the assumptions, scope of work, and other terms
and conditions related to the appraisal assignment
shall be mutually acceptable to the Administrator and
the Museum.
(B) Required terms.--The following terms and
conditions shall apply to the appraisal:
(i) The appraisal shall assume that the
property does not contain hazardous substances
(as defined in section 101 of CERCLA (42 U.S.C.
9601)) which require remedial action (as
defined in such section).
(ii) The appraisal shall state a value for
the property as a whole as well as separate
values for the northern portion and southern
portion of the property, taking into
consideration the impact to value (if any)
resulting from a conveyance of less than the
entirety of the property.
(c) Application of Proceeds.--The purchase price shall be paid into
the Federal Buildings Fund established under section 592 of title 40,
United States Code. Upon deposit, the Administrator may expend the
proceeds from the conveyance for any lawful purpose consistent with
existing authorities granted to the Administrator; except that the
Administrator shall provide the Committees with 30 days advance written
notice of any expenditure of the proceeds.
(d) Quit Claim Deed.--
(1) In general.--The property shall be conveyed pursuant to
2 quit claim deeds (one for the northern portion and one for
the southern portion of the property), each of which shall
contain the covenants required by section 120(h) of CERCLA (42
U.S.C. 9620).
(2) Limitation on liability.--The United States shall not
be liable or responsible pursuant to paragraph (1) for any
additional remedial action--
(A) with respect to hazardous substances not
existing on the property as of the date of conveyance,
unless the presence of such hazardous substances on the
property was caused by the United States; or
(B) caused, required, or arising out of actions of
the Museum, its affiliate, any successor thereto, or
any of their respective agents, contractors, or
assigns.
(e) Use Restriction.--The northern portion of the property shall be
dedicated for use as a site for a national health museum for the 99-
year period beginning on date of conveyance of that portion to the
Museum.
(f) Reversion.--
(1) Bases for reversion.--The northern portion of the
property shall revert to the United States, without any
obligation for repayment by the United States of any amount of
the purchase price for the property, if --
(A) that portion is not used as a site for a
national health museum at any time during the 99-year
period referred to in subsection (e); or
(B) the Museum has not commenced construction of a
museum facility on that portion in the 5-year period
beginning on the date of enactment of this Act, other
than for reasons beyond the control of the Museum as
reasonably determined by the Administrator.
(2) Enforcement.--The Administrator may perform any acts
necessary to enforce the reversionary rights provided in this
section.
(3) Custody of property upon reversion.--If any portion of
the property reverts to the United States pursuant to this
section, such property shall be under the custody and control
of the Administrator.
(g) Closing.--
(1) Deadline.--The Administrator shall convey the northern
and southern portions of the property not later than 3 years
after the date of enactment of this Act. The Administrator may
extend that period for such time as is reasonably necessary for
the Museum to perform its obligations under section 6(a).
(2) Applicability of requirements.--The requirements of
this Act shall remain in full force and effect with respect to
any portion of the property conveyed before the deadline
established by paragraph (1) or any extension.
SEC. 5. OFFICE LEASE.
(a) Negotiation and Execution.--
(1) Terms and conditions.--Notwithstanding any other
provision of law, the Administrator and the Museum (or its
affiliate) shall, within 60 days after entering into the
agreement described in section 4(a)(2), negotiate the terms and
conditions, consistent with this section, of a lease pursuant
to which the Administrator would lease approximately 250,000
square feet in a building to be constructed by the Museum on
the southern portion of the property.
(2) Timing.--The Administrator and Museum shall execute the
lease not later than the date of the conveyance of the southern
portion of the property.
(b) Rent.--
(1) Below market rate.--The effective rent charged to the
Administrator as part of the lease entered into under this
section shall be below prevailing market rates for similar
space in Southwest, Washington, D.C., as agreed to between the
Administrator and the Museum (or its affiliate).
(2) Authority to apply proceeds toward rent.--The
Administrator may apply any or all of the proceeds from
conveyance of the property toward the rental charges incurred
by the United States under the lease if the Administrator
otherwise complies with the notice requirement set forth in
section 4(c). Any such application of proceeds toward rent
shall not be considered in determining that the rent charged
under the lease is below prevailing market rates as required in
this section.
(c) Operating Lease.--The lease entered into under this section
shall be on terms and conditions that allow such lease to be scored as
an operating lease in accordance with guidance published by the Office
of Management and Budget.
(d) Condition to Conveyance.--The execution of the lease under this
section shall be a precondition to conveyance of the southern portion
of the property to the Museum.
SEC. 6. ENVIRONMENTAL MATTERS.
(a) Liabilities and Responsibilities.--The agreement entered into
under section 4(a)(2) shall provide that the Museum will conduct any
environmental remediation activity with respect to the property, and
bear the costs of any such activity, except as otherwise provided by
section 4(d) and subsection (b) of this section.
(b) Crediting of Remediation Costs.--Any costs of environmental
remediation activities referred to in subsection (a) shall be credited
to the purchase price for the property up to an amount not greater than
the purchase price for the property.
(c) Scope of Remediation Activities.--The scope of any required
environmental remediation activity with respect to the property shall
be as required by section 120 of CERCLA (42 U.S.C. 9620).
SEC. 7. INCIDENTAL COSTS.
(a) Responsibilities.--Except as otherwise specifically provided by
this Act, the Museum shall bear any and all costs associated with
complying with the provisions of this Act, including studies and
reports, surveys, relocating tenants, and mitigating impacts to
existing Federal buildings and structures resulting directly from the
development of the property by the Museum.
(b) Relocation of Existing Tenants.--The costs of relocating
existing tenants (including the costs of related studies), shall be
paid by the Museum up to an amount to be agreed upon by the
Administrator and Museum in the agreement entered into under section
4(a)(2), and any costs in excess of such agreed upon amount shall be
credited to the purchase price for the property upon the closing on the
portion of the property first conveyed.
SEC. 8. LAND USE APPROVALS.
(a) Existing Authorities.--Nothing in this Act shall be construed
as limiting or affecting the authority or responsibilities of the
National Capital Planning Commission or the Commission of Fine Arts.
(b) Cooperation.--
(1) Zoning and land use.--Subject to paragraph (2), the
Administrator shall reasonably cooperate with the Museum with
respect to any zoning or other land use matter relating to
development of the property in accordance with this Act. Such
cooperation shall include consenting to applications by the
Museum for applicable zoning and permitting with respect to the
property.
(2) Limitations.--The Administrator shall not be required
to incur any costs with respect to cooperation under this
subsection and any consent provided under this subsection shall
be premised on the property being developed and operated in
accordance with this Act.
SEC. 9. REPORTS.
Not later than one year after the date of enactment of this Act,
and annually thereafter until the end of the 5-year period following
conveyance of the property or until substantial completion of the
museum facility (whichever is later), the Museum shall submit annual
reports to the Administrator and the Committees detailing the
development and construction activities of the Museum with respect to
this Act. | National Health Museum Act of 2004 - Directs the Administrator of General Services to convey specified property in the District of Columbia as a site for a national health museum, under an agreement with the National Health Museum, Inc., including certain terms and conditions.
Provides for the Administrator's leasing of a certain portion of a building to be constructed by the Museum on such site, at a rent below prevailing market rates. Authorizes the Administrator to apply any or all of the proceeds from conveyance of the property toward rental charges incurred by the Federal Government under such lease.
Sets forth related provisions regarding environmental matters, incidental costs, and land use approvals. | To provide a site for construction of a national health museum, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf of Maine Conservation and
Cooperation Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings regarding the Gulf of
Maine:
(1) The Gulf of Maine is a critically important
environmental and economic resource shared by the United States
and Canada.
(2) The Gulf of Maine supports abundant and diverse marine
wildlife populations, including 100 species of birds, 73
species of fish, 26 species of whales, dolphins, and porpoises,
1,600 types of bottom-dwelling organisms, and endangered
species such as the bald eagle, roseate tern, humpback whale,
and sperm whale.
(3) The Gulf of Maine holds substantial value as a
recreation resource for people today and its value as a
recreation resource will likely increase in the future. Nearly
\1/3\ of the United States population, comprising approximately
75,600,000 people, live within a 1-day drive of the Gulf of
Maine. The Gulf of Maine contains 2 United States national
parks and 1 Canadian national park, and it contains a United
States national marine sanctuary.
(4) The Gulf of Maine provides substantial commercial
benefits to the United States and Canada. Its commercial
fishing industry, including aquaculture, produces more than
$800,000,000 in revenues annually and employs 20,000 people.
Aquaculture is a growing multimillion dollar industry in the
region.
(5) Tourism and recreation in the Gulf of Maine region
generate millions of dollars in revenue each year and provide
employment for thousands. The Gulf of Maine attracts 10,000,000
visitors annually. In addition, the Gulf of Maine is home to
many economically important maritime facilities, such as ports
and shipyards.
(6) Studies conducted by national and State governments and
other agencies have determined that, without prudent,
coordinated management, the future development and use of the
resources of the Gulf of Maine may have significant adverse
impacts on the environment and economy of the bordering States,
the adjacent region, and the United States.
(7) Environmental threats to the Gulf of Maine are too
extensive and complex to be managed by any single State,
provincial, or Federal agency. Existing threats include--
(A) high levels of toxic contaminants in the deep
basin sediments of the Gulf of Maine, which indicate
that toxic contaminants are distributed throughout the
Gulf of Maine ecosystem;
(B) bacterial contamination that has closed more
than \1/3\ of the shellfish beds in the Gulf of Maine,
resulting in significant economic losses; and
(C) increasing loss of habitat in the Gulf of Maine
region, which results in diminished estuarine and
coastal habitats essential for migratory waterfowl and
commercially valuable fish species.
(8) The natural resources of the Gulf of Maine are
interconnected, forming an ecosystem that transcends political
boundaries. It is therefore important that the States,
provinces, and Federal Governments cooperate with one another
and coordinate their public policies, research, and management
activities related to the protection of the resources of the
Gulf of Maine.
(9) Interjurisdictional cooperation and coordination of
efforts, policies, and programs can maximize the efficient use
of limited fiscal resources in the Gulf of Maine region, and
further the goal of protecting the resources of the Gulf of
Maine and stimulating its economy over the long-term.
(10) The Gulf of Maine Council on the Marine Environment,
established in 1989 by the States of Maine, Massachusetts, and
New Hampshire and the Canadian Provinces of New Brunswick and
Nova Scotia (in this Act referred to as the ``Gulf of Maine
Council''), is well-equipped to assist in the coordination of
policies and activities of the multiple agencies and
scientific, environmental, fishing, and marine trade
organizations active in the Gulf of Maine region. It has laid a
cooperative, regionally based foundation for future efforts to
protect, conserve, and sustainably develop the Gulf of Maine.
(11) The Gulf of Maine Council has developed innovative and
constructive strategies and programs to maintain and enhance
marine environmental quality and to allow for sustainable
resource use, such as the Gulf of Maine Action Plan 1991-2000
and the Gulf of Maine Environmental Quality Monitoring Plan.
SEC. 3. POLICY.
It is the policy of the United States that--
(1) United States Government activities relating to
conserving the natural resources of the Gulf of Maine and
encouraging sustainable development in the region should be
maintained and strengthened; and
(2) the environmental and economic interests of the
American people are well-served by United States Government
cooperation and coordination with the Gulf of Maine Council.
SEC. 4. GULF OF MAINE INTERAGENCY TASK FORCE.
(a) Establishment.--
(1) In general.--The President shall establish a Gulf of
Maine Inter-Agency Task Force (in this Act referred to as the
``Task Force'').
(2) Purpose.--The purpose of the Task Force is to provide a
vehicle for improved interagency cooperation and coordination,
and to improve and enhance the efficiency and effectiveness of
Federal activities conducted for the purpose of the
conservation and sustainable development of the natural
resources of the Gulf of Maine.
(3) Duties.--The duties of the Task Force include the
following:
(A) Meeting on a regular basis, but not less than 2
times each year.
(B) Sharing among Task Force members information
about agency programs operating in the Gulf of Maine
region.
(C) Providing updates on agency programs and
activities relating to the natural resources of the
Gulf of Maine, including scientific research activities
and programs.
(D) Identifying opportunities for interagency
cooperation and coordination to further the purpose of
the Task Force.
(E) Developing plans, to the maximum extent
practicable, for interagency cooperation and
coordination efforts that will further the purpose of
the Task Force, and for joint programs, activities, and
initiatives among agencies of the United States, the
Gulf of Maine Council, States, and the Government of
Canada.
(b) Membership.--
(1) Specified agency representatives.--The Task Force shall
consist of the following members:
(A) 2 members appointed by the Secretary of
Commerce;
(B) 1 member appointed by the Secretary of the
Interior;
(C) 1 member appointed by the Administrator of the
Environmental Protection Agency; and
(D) 1 member appointed by the Secretary of the Army
from among personnel of the Corps of Engineers.
(2) Other agency representatives.--The Task Force may also
include a representative appointed by the President to
represent any other Federal department or agency, on a
temporary or permanent basis.
(3) Department of commerce representatives.--At least 1 of
the members of the Task Force appointed by the Secretary of
Commerce shall be selected from personnel of the National
Oceanic and Atmospheric Administration, and one of those
members shall be selected from personnel of an office or agency
related to sustainable economic development.
(c) Gulf of Maine Coordinator.--The Task Force shall be chaired by
the Gulf of Maine Coordinator, who shall be designated by the Secretary
of Commerce from among the members of the Task Force. The term of a
member as the Gulf of Maine Coordinator shall be 2 years. The Secretary
may not designate for consecutive terms as the Gulf of Maine
Coordinator any member, or any members appointed under subsection
(b)(1) by the same official. The duties of the Coordinator shall be as
follows:
(1) The Gulf of Maine Coordinator (or a designee of the
Coordinator) shall, upon invitation by the Gulf of Maine
Council, attend meetings of the Gulf of Maine Council, and
report on Federal activities and programs relating to the Gulf
of Maine Council.
(2) The Task Force may authorize the Gulf of Maine
Coordinator (or a designee of the Coordinator) to represent the
Task Force and the officials who appoint members of the Task
Force under subsection (b), in negotiations with the Gulf of
Maine Council on agreements, memoranda of understanding, a
sustainable development strategy, or other cooperative
activities and programs.
(d) Annual Report.--Each year, the Secretary of Commerce shall
submit to the Congress, in consultation with the Secretary of the
Interior, the Secretary of the Army, and the Administrator of the
Environmental Protection Agency, a report on the meetings, findings,
activities, recommendations, initiatives, and plans of the Task Force.
The report may also describe other examples of cooperation and
coordination among agencies in the Gulf of Maine.
SEC. 5. FEDERAL COOPERATION AND COORDINATION WITH THE GULF OF MAINE
COUNCIL ON THE MARINE ENVIRONMENT.
(a) Statement of Policy.--Each of the officials who appoint a
member of the Task Force under section 4(b) shall, to the maximum
extent practicable, cooperate and coordinate their activities related
to natural resources of the Gulf of Maine with the Gulf of Maine
Council on the Marine Environment.
(b) Authority for Agreements.--The Secretary of Commerce, after
consultation with the officials who appoint a member of the Task Force
under section 4(b), may enter into agreements and memoranda of
understanding with the Gulf of Maine Council to enhance efforts to
conserve the natural resources of the Gulf of Maine.
(c) Sustainable Development Strategy.--The Secretary of Commerce,
after consultation with other Federal natural resource agencies, and
upon a request by the Gulf of Maine Council, may work with the Gulf of
Maine Council, industry representatives, representatives of organized
labor groups, fishing groups, community organizations, environmental
organizations, State and local public officials, and others to develop
a sustainable development strategy for the Gulf of Maine.
(d) Consistency of Federal Activities With Council and State
Management Activities.--Each of the officials that appoints a member of
the Task Force under section 4(b) shall conduct their activities which
directly affect the ecological health of the Gulf of Maine in a manner
which is, to the maximum extent practicable, consistent with--
(1) the goals and policies of the Gulf of Maine Council;
and
(2) the goals and policies related to protection of the
natural resources of the Gulf of Maine of each State bordering
the Gulf of Maine in which the activities are conducted.
(e) Financial Contributions to Gulf of Maine Council.--
(1) Grant authority.--To help fulfill the purposes of this
Act, each of the officials that appoints a member of the Task
Force under section 4(b), subject to the availability of
appropriations, may make grants in accordance with this
subsection to the Gulf of Maine Council, for programs and
projects related to the conservation of the natural resources
of the Gulf of Maine or to sustainable economic development in
the Gulf of Maine region.
(2) Matching.--The amount of a grant under this subsection
may not exceed 75 percent of the total cost of the program or
project carried out with the grant. In determining the amount
of the non-Federal contribution for purposes of this paragraph,
the Secretary shall include the value of in-kind contributions
from non-Federal sources.
(3) Limit on use for administration.--Not more than 10
percent of the amount of a grant under this section may be used
for administrative expenses.
(4) Limit on total annual grants.--The total amount of
grants under this subsection in any fiscal year before fiscal
year 2000 may not exceed $1,000,000.
SEC. 6. GULF OF MAINE RESEARCH.
(a) New Authority.--The Regional Marine Research Board for the Gulf
of Maine region shall cooperate with the Gulf of Maine Council and the
States bordering the Gulf of Maine in efforts to promote the
environmental and economic health of the Gulf of Maine region.
(b) Regional Marine Research Plans.--The Regional Marine Research
Board for the Gulf of Maine region may, in consultation with the Gulf
of Maine Council and subject to the approval of the Secretary of
Commerce, revise schedules for the development of research plans under
section 404 of the Marine Protection, Research, and Sanctuaries Act of
1972 (16 U.S.C. 1447c) as appropriate to ensure the effective
coordination of the plans and programs carried out under such section
with the activities and plans carried out under this Act.
SEC. 7. RELATION TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT.
Nothing in this Act shall be construed to modify or supersede any
authority or requirement established under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.). | Gulf of Maine Conservation and Cooperation Act of 1994 - Requires the President to establish a Gulf of Maine Inter-Agency Task Force to provide for improved interagency cooperation, efficiency, and effectiveness with respect to Federal activities concerning the conservation and sustainable development of the natural resources of the Gulf of Maine.
Requires Federal officials who appoint members of the Task Force to cooperate and coordinate their activities related to natural resources of the Gulf with the Gulf of Maine Council on the Marine Environment.
Directs the Secretary of Commerce to enter into agreements and memoranda of understanding with the Council to enhance efforts to conserve the Gulf's natural resources.
Authorizes the Secretary to work with others to develop a sustainable development strategy for the Gulf.
Permits Federal officials who appoint Task Force members to make grants to the Council for programs related to the conservation of the Gulf's natural resources or to sustainable economic development in the Gulf region. Limits the total amount of annual grants.
Directs the Regional Marine Research Board for the Gulf of Maine region to cooperate with the Council and the States bordering the Gulf in efforts to promote the environmental and economic health of the region.
Authorizes the Board, subject to the Secretary's approval, to revise schedules for the development of research plans under the Marine Protection, Research, and Sanctuaries Act of 1972 to ensure the coordination of such plans with activities under this Act. | Gulf of Maine Conservation and Cooperation Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Construction Quality Assurance Act
of 2000''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the construction industry, specialty subcontractors
now perform the majority of construction work, in certain cases
100 percent of the work, under the management of a prime
contractor, making the subcontractors' price and performance
the key determinant in the overall cost of construction
projects, including those performed for the Federal Government.
(2) Detrimental practices known as ``bid shopping'' and
``bid peddling'' exist in the construction industry, including
construction projects for the Federal Government.
(3) ``Bid shopping'' occurs when a contractor, after award
of a contract, contracts with subcontractors at a price less
than the quoted price of the subcontractor upon which the
contractor's fixed bid price was based, in order to increase
the contractor's profit on the project without any benefit to
the entity for which the contract is being performed.
(4) ``Bid peddling'' occurs when a subcontractor that is
not selected for inclusion in a contractor's team seeks to
induce the contractor, after award of the contract, to
substitute the subcontractor for another subcontractor whose
bid price was reflected in the successful bid of the contractor
by offering to reduce its price for performance of the
specified work, suggesting that the previous offer of the
subcontractor was padded or incorrect.
(5) Bid shopping and bid peddling--
(A) threaten the integrity of the competitive bid
system for construction that benefits the Federal
Government, the construction industry, and the economy
of the United States as a whole;
(B) deprive taxpayers of the benefits of full and
open competition among prospective contractors and
subcontractors for the performance of Federal
construction projects;
(C) expose Federal construction projects to the
dangers of substandard performance, substitution of
lower quality materials, and other detrimental cost-
cutting practices by an unscrupulous substituted
subcontractor; and
(D) can be effectively deterred in Federal
construction by modifying the Federal Acquisition
Regulation to require bid listing, which is the
practice of requiring each offeror for a Federal
construction contract to list the subcontractors whose
performance is reflected in the bid price, procedures
for the substitution of listed subcontractors for good
cause, and other deterrents to abuse.
SEC. 3. IMPLEMENTATION THROUGH THE GOVERNMENT-WIDE PROCUREMENT
REGULATIONS.
(a) Proposed Revisions.--Proposed revisions to the Government-wide
Federal Acquisition Regulation to implement the provisions in this Act
shall be published not later than 120 days after the date of the
enactment of this Act and provide not less than 60 days for public
comment.
(b) Final Regulations.--Final regulations shall be published not
less than 180 days after the date of enactment of this Act and shall be
effective on the date that is 30 days after the date of publication.
SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS
ON CONSTRUCTION PROJECTS.
(a) Requirement to List Subcontractors.--
(1) In general.--(A) Each solicitation by an executive
agency for the procurement of construction in an amount in
excess of $1,000,000 shall require each bidder to submit as
part of its bid the name, location of the place of business, and nature
of the work of each subcontractor with whom the bidder, if awarded the
contract, will subcontract for work in an amount in excess of $100,000
on the contract.
(2) Requirements for specific categories.--(A) Except as
provided in subparagraphs (B) and (C), the bidder shall list
only one subcontractor for each category of work as defined by
the bidder in its bid or proposal.
(B) A bidder may list multiple subcontractors for a
category of work if each such subcontractor is listed to
perform a discreet portion of the work within a category.
(C) A bidder may list itself for any portion of work under
the contract, which shall be deemed a representation by the
bidder that it is fully qualified to perform that portion of
the work itself and that the bidder will perform that portion
itself.
(3) Result of failure to list subcontractors.--An executive
agency shall consider any bidder that fails to list
subcontractors in accordance with this Act and the regulations
promulgated pursuant to section 3 of this Act to be non
responsible.
(b) Procedures for Substitution of a Listed Subcontractor.--
(1) Consent and good cause required.--No contractor shall
substitute a subcontractor in place of the subcontractor listed
in the original bid or proposal, except with the consent of the
contracting officer for good cause.
(2) Examples of good cause.--Good cause under paragraph (1)
shall include the following:
(A) Failure of the subcontractor to execute a
written contract after a reasonable period if such
written contract, based upon the terms, conditions,
plans, and specifications of the contract and the terms
of the subcontractor's bid or proposal, is presented to
the subcontractor by the contractor.
(B) Bankruptcy of the subcontractor.
(C) The death or physical disability of the
subcontractor, if the subcontractor is an individual.
(D) Dissolution of the subcontractor, if the
subcontractor is a corporation or partnership.
(E) Failure of a subcontractor to meet the surety
bond requirements specified by the bidder as a
condition of the subcontractor to perform on the
contract, if awarded to the bidder.
(F) The subcontractor is ineligible to perform on
the subcontract because the subcontractor is suspended,
debarred, or otherwise ineligible to perform.
(G) A series of failures by the subcontractor to
perform in accordance with the specification, terms,
and conditions of its subcontract resulting in the
withholding of amounts requested by the subcontractor
in accordance with section 3905 of title 31, United
States Code, and the regulations implementing such
section.
(H) Failure of the subcontractor to comply with a
requirement of law applicable to the subcontractor.
(I) Failure or refusal of the subcontractor to
perform the subcontract.
(3) Requests for substitution.--A request of a contractor
for a substitution of a listed subcontractor shall be submitted
in writing to the contracting officer and shall include the
reasons for the request. The contractor shall provide a copy of
its request for substitution to the listed subcontractor by any
means that provides written third-party verification of
delivery to the last known address of the subcontractor. A
subcontractor who has been so notified shall have five working
days within which to submit written objections to the
substitution to the contracting officer. Failure to file such
written objections shall constitute the consent of the listed
subcontractor to the substitution.
(c) Limitation on Assignment, Transfer, or Substitution.--
(1) Limitation on assignment or transfer.--No contractor
shall permit any subcontract to be voluntarily assigned or
transferred or to be performed by any entity other than the
subcontractor listed in the bid or proposal without the consent
of the contracting officer. Consent of the contracting officer
to a contractor for a substitution shall--
(A) be promptly made in writing; and
(B) be included in the contract file.
(2) Limitation on substitution.--No contractor that listed
itself for a portion of the work under the contract shall
subcontract any portion of the work for which it listed itself,
unless authorized by the contracting officer to substitute one
or more subcontractors to perform such work.
(d) Imposition of Liquidated Damages.--
(1) In general.--(A) A contractor shall be subject to
payment of liquidated damages if, without obtaining the
approval of the contracting officer, the contractor--
(i) replaces a listed subcontractor for a contract
with an executive agency; or
(ii) awards a subcontract to a subcontractor to
perform work which the contractor had identified as
work to be performed directly by the contractor.
(B) A subcontractor shall also be subject to the payment of
liquidated damages if the subcontractor is determined to have
knowingly participated in the failure of the contractor to
comply with the regulatory provisions relating to the
substitution of a listed subcontractor.
(2) Amount of damages to be imposed.--The amount of
liquidated damages imposed under this subsection shall be equal
to the greater of--
(A) 10 percent of the amount of the bid by the
listed subcontractor;
(B) the difference between the amount of the bid by
the listed subcontractor and the amount of the bid by
the substituted subcontractor; or
(C) the difference between the amount of the bid by
a substituted subcontractor and the dollar value
specified by the contractor for the work for which the
contractor had listed for its own performance.
(e) Grounds for Suspension or Debarment.--The imposition of
liquidated damages on a contractor or subcontractor for failure to
comply with the procedures for the substitution of subcontractors on 2
contracts within a 3-year period shall be deemed to be adequate
evidence of the commission of an offense indicating a lack of business
integrity or business honesty that seriously and directly affects the
present responsibility of a Government contractor within the meaning of
part 9.4 of the Federal Acquisition Regulation (Debarment, Suspension,
and Eligibility) (49 CFR 9.4).
(f) Modification of Federal Acquisition Regulation.--The
Administrator for Federal Procurement Policy shall ensure that the
Federal Acquisition Regulation is modified, in accordance with section
25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421), to
carry out the requirements of this Act.
SEC. 5. DEFINITIONS.
In this Act--
(1) the term ``contractor'' means an entity that contracts
with an executive agency for the procurement of construction in
an amount in excess of $1,000,000; and
(2) the term ``subcontract'' means an entity that
subcontracts with such a contractor in an amount in excess of
$100,000 for work on a construction contract with an executive
agency in an amount in excess of $1,000,000. | Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit as part of such bid the name, business location, and nature of work of each subcontractor with whom such bidder, if awarded the contract, will subcontract for work in excess of $100,000. Considers as non-responsive any bidder that fails to list such subcontractors.
Outlines required procedures for the substitution of a listed subcontractor, including consent by the contracting officer for good cause shown. Outlines examples of good cause and requirements for substitution requests. Prohibits, without good cause shown, the assignment or transfer of a subcontract. Imposes damages upon a contractor for violation of substitution requirements. States that the imposition of such damages shall be grounds for the disbarment or suspension of a contractor from Federal contracts. | Construction Quality Assurance Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Decrease Unsafe Toxins Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Consumer Product Safety Improvement Act of 2008
establishes safety requirements for children's products. The
Act identifies lead and phthalates as chemicals of concern to
be reduced or eliminated in children's products due to their
toxicity. Certain flame retardants used in children's products
should also be considered banned hazardous substances and
eliminated from use in resilient filling materials in certain
cushioned children's products.
(2) Organohalogen and organophosphorous flame retardants
are used in some children's cushioned products to meet various
flammability standards. In a 2011 study published in
Environmental Science and Technology, over 80 percent of the
children's cushioned products tested were found to contain at
least one flame retardant chemical.
(3) Children in the United States have some of the highest
levels of polybrominated diphenyl ethers (PBDEs) in their
bodies globally. In fact, toddlers have three times the blood
levels of their mothers of the toxic flame retardant pentaBDE.
(4) Research has shown that flame retardants have been
associated with cancer, immune, and endocrine disruption,
developmental impairment, birth defects, and reproductive
dysfunction. Organohalogen and organophosphorous flame
retardants are often toxic, and are associated with reduced IQ
(similar to lead poisoning), hyperactivity, reduced fertility,
birth defects, and hormonal changes.
(5) According to the Federal Centers for Disease Control
and Prevention, infants and children are especially vulnerable
to exposure to flame retardants through ingestion of
contaminated dust via hand-to-mouth contact. Children crawl and
play on floors, put objects in their mouths, and are generally
closer to the ground where dust settles.
(6) Flame retardant chemicals in children's cushioned
products are unnecessary. Studies show that there is no
measurable fire safety benefit to California's Furniture
Flammability Standard Technical Bulletin (TB117). Also, these
products contain small amounts of resilient filling material
compared to adult upholstered furniture, and thus do not
present a significant fire hazard as a fuel source.
(7) Strollers, infant carriers, and nursing pillows have
been exempt from California's TB117 since 2010 and the proposed
revision of California's Flammability Standard (TB117-2013)
includes a provision to exempt 17 more baby and infant products
from the standard. This is due to the State agency's
understanding that these products do not present a significant
fire hazard.
(8) Banning the use of flame retardant chemicals in
children's products would help reduce unnecessary health risks
to children associated with exposure to chemicals that do not
add a fire safety benefit.
SEC. 3. BAN ON FLAME RETARDANT CHEMICALS IN THE RESILIENT FILLING
MATERIALS IN CERTAIN CHILDREN'S PRODUCTS.
(a) In General.--Title I of the Consumer Product Safety Improvement
Act of 2008 (Public Law 110-314) is amended by adding at the end the
following new section:
``SEC. 109. BAN ON FLAME RETARDANT CHEMICALS IN THE RESILIENT FILLING
MATERIALS IN CHILDREN'S PRODUCTS.
``(a) In General.--Any children's cushioned product that is
manufactured on or after the date that is one year after the date of
the enactment of the Decrease Unsafe Toxins Act that contains more than
1,000 parts per million flame retardant chemical by weight in the
filling material used to make such product shall be treated as a banned
hazardous substance under the Federal Hazardous Substances Act (15
U.S.C. 1261 et seq.).
``(b) Definitions.--
``(1) Children's cushioned product.--In this section, the
term `children's cushioned product' means a children's product
(as defined in section 3(a)(2) of the Consumer Product Safety
Act (15 U.S.C. 2052(a)(2))) that contains resilient filling
materials, such as high chairs, strollers, infant walkers,
booster seats, car seats, changing pads, floor play mats,
highchair pads, highchairs, infant swings, bassinets, infant
seats, infant bouncers, nursing pads, playards, playpen side
pads, infant mattresses, infant mattress pads, and portable
hook-on chairs.
``(2) Flame retardant chemical defined.--In this section,
the term `flame retardant chemical' means an organohalogen or
organophosphorous compound.''.
(b) Clerical Amendment.--The table of contents of the Consumer
Product Safety Improvement Act of 2008 (Public Law 110-314) is amended
by inserting after the item relating to section 108 the following:
``Sec. 109. Ban on flame retardant chemicals in the resilient filling
materials in children's products.''. | Decrease Unsafe Toxins Act - Amends the Consumer Product Safety Improvement Act of 2008 to ban as a hazardous substance under the Federal Hazardous Substances Act any children's cushioned product manufactured on or after the date that is one year after enactment of this Act that contains more than 1,000 parts per million flame retardant chemical by weight in the filling material used to make such product. Defines: (1) "children's cushioned product" as a children's product under the Consumer Product Safety Act containing resilient filling materials, such as high chairs, strollers, infant walkers, booster seats, car seats, changing pads, floor play mats, highchair pads, highchairs, infant swings, bassinets, infant seats, infant bouncers, nursing pads, playards, playpen side pads, infant mattresses, infant mattress pads, and portable hook-on chairs; and (2) "flame retardant chemical" as an organohalogen or organophosphorous compound. | Decrease Unsafe Toxins Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save America's Future Economy Act of
2010''.
SEC. 2. LIMITATION ON THE GROWTH OF FEDERAL SPENDING.
(a) In General.--Part C of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by adding after section 253 the
following new section:
``SEC. 253A. LIMITATION ON THE GROWTH OF FEDERAL SPENDING.
``(a) Reducing Nonexempt Spending Accounts by a Uniform
Percentage.--OMB shall calculate the uniform percentage by which
nonexempt spending accounts are to be sequestered such that the total
spending of the Government for a budget year compared to the preceding
fiscal year does not increase at a rate greater than the percentage
point change in the Consumer Price Index plus the percentage point
change in annual population growth as computed under this section.
``(b) January OMB Reports.--In January of each calendar year, OMB
shall prepare a report which shall be included in the budget submission
of the President under section 1105(a) of title 31, United States Code,
for the fiscal year beginning on October 1 of that calendar setting
forth--
``(1) the projected level of total Federal spending for the
current year;
``(2) the percentage point increase in the Consumer Price
Index over the 12-month period comprising the fiscal year
before the current year;
``(3) the total percentage point increase in population
from July 1 of the second preceding fiscal year before the
current year and July 1 of the fiscal year before the current
year;
``(4) the sum of the total percentage point increases under
paragraphs (2) and (3); and
``(5) the projected level of total Federal spending for the
budget year and the amount, if any, by which that spending
would exceed the projected level of total Federal spending for
the current year as adjusted by the sum of the total percentage
point increases under paragraphs (2) and (3).
``(c) Preview Report.--Not later than August 20 of each calendar
year, OMB shall prepare and have printed in the Federal Register a
preview report which shall set forth for the budget year the following:
``(1) An up-to-date reestimate of all of the information
set forth in the most recent report of OMB under subsection
(b).
``(2) The estimated percentage point reduction that would
be required in nonexempt spending accounts in order to limit
total Federal spending as set forth under paragraph (1).
``(d) OMB Final Sequestration Report.--Not later than 15 days after
Congress adjourns to end a session, but after any sequestration under
section 5 of the Statutory Pay-As-You-Go Act of 2010, OMB shall prepare
and have printed in the Federal Register a final sequestration report
which shall set forth for the budget year the following:
``(1) An up-to-date reestimate of all of the information
set forth in the most recent report of OMB under subsection
(c), taking into account any sequestration under such section
5.
``(2) The percentage point reduction that would be required
in nonexempt spending accounts in order to limit total Federal
spending as set forth under paragraph (1).
``(3) The amount by which total Federal spending exceeds
the permissible amount of such spending under this section.
``(e) Presidential Order.--On the same day that OMB issues its
final sequestration report, the President shall issue an order fully
implementing without change all sequestrations required by the OMB
calculation set forth in that report. This order shall be effective on
issuance.
``(f) Adjustment for Emergency Spending.--(1) If a provision is
enacted as an emergency requirement that the Congress so designates in
statute pursuant to this subsection, the amounts of new budget
authority and outlays in all fiscal years resulting from that provision
shall be treated as an emergency requirement for the purposes of this
section.
``(2) If a provision is designated as an emergency requirement
under this section, OMB shall not include the budgetary effects of such
a provision in its estimates under this section.
``(g) Exemptions.--The following shall be exempt from reduction
under any order issued under this section:
``(1) Payments for net interest.
``(2) Any obligations of the Government required to be paid
under the United States Constitution or legally contractual
obligations.''.
(b) Conforming Amendment.--The table of contents set forth in
section 250(a) of the Balanced Budget and Emergency Deficit Control Act
of 1985 is amended by inserting after the item relating to section 253
the following new item:
``253A. Limitation on the growth of Federal spending.''.
SEC. 3. ELIMINATION OF EXPIRATION DATE.
Section 275(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is repealed.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by it shall apply to fiscal year
2012 and subsequent fiscal years. | Save America's Future Economy Act of 2010 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the Office of Management and Budget (OMB) to calculate the uniform percentage by which nonexempt spending accounts are to be sequestered such that total government spending for a budget year, compared to the preceding fiscal year, does not increase at a rate greater than the percentage point change in the Consumer Price Index (CPI) plus the percentage point change in annual population growth.
Requires OMB to prepare annually a report to be included in the President's budget for each fiscal year setting forth: (1) the projected level of total federal spending for the current year; (2) the percentage point increase in the CPI over the fiscal year before the current year; (3) the total percentage point increase in population from July 1 of the second preceding fiscal year before the current year and July 1 of the fiscal year before the current year; (4) the sum of such total percentage point increases; and (5) the projected level of total federal spending for the budget year and the amount, if any, by which that spending would exceed the projected level of total federal spending for the current year, as adjusted by the such sum of the total percentage point increases.
Prescribes requirements for OMB Preview Reports and OMB Final Sequestration Reports.
Requires the President to issue a sequestration order, effective on issuance, if OMB in its Final Sequestration Report estimates that any sequestration is required.
Prohibits OMB from including the budgetary effects of an emergency requirement in its estimates.
Exempts from any sequestration reduction order: (1) payments for net interest; and (2) federal obligations required to be paid under the U.S. Constitution or legally contractual obligations.
Extends indefinitely certain Pay-As-You-Go (PAYGO) enforcement mechanisms. | To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to limit the year-to-year increase in total Federal spending to increases in the Consumer Price Index and population. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fitness for Life Act''.
SEC. 2. TECHNOLOGY IN PHYSICAL EDUCATION GRANT PROGRAM.
(a) Establishment.--The Secretary of Education is authorized to
make grants on a competitive basis to 10 institutions of higher
education for the expansion of master's degree in physical education
programs that emphasize the incorporation of technology and innovative
teaching practices into the teaching of physical education.
(b) Eligibility.--The Secretary may only award a grant under this
section to an institution of higher education that--
(1) prior to applying for such grant, has established a
master's degree in physical education program; and
(2) submits an application at such time, in such form, and
accompanied by such information and assurances as the Secretary
may require, including--
(A) a detailed description of the institution of
higher education's master's degree in physical
education program;
(B) a detailed description of at least 1 local
educational agency with which the institution of higher
education will partner as required by subsection
(c)(1)(D) and why the institution of higher education
chose such local educational agency as a partner; and
(C) a plan for using grant funds in accordance with
subsection (c).
(c) Use of Funds.--
(1) Required activities.--An institution of higher
education that receives a grant under this section shall use
the grant funds to carry out the following activities:
(A) Instructing its master's degree candidates on
incorporation of technology and innovative teaching
practices into the teaching of physical education and
on ways of encouraging children to be more physically
active outside the classroom.
(B) Developing a curriculum for its master's degree
in physical education program that links practice and
theory.
(C) Offering programs that extend the master's
degree in physical education program into the community
of the local educational agency with which the
institution of higher education is partnering, as
required by subparagraph (D), such as programs that
make available facilities for use by both master's
degree candidates and community members and physical
education classes in which both master's degree
candidates and community members may participate.
(D) Partnering with a local educational agency to
increase the availability and quality of physical
education instruction in schools served by the local
educational agency and to provide master's degree
candidates with opportunities for obtaining student-
teaching experience.
(E) Providing a majority of the instruction
required for graduation from the master's degree in
physical education program at schools served by the
local educational agency with which the institution of
higher education is partnering, as required by
subparagraph (D).
(F) Requiring each master's degree candidate to
serve as a full-time student teacher in schools served
by the local educational agency with which the
institution of higher education is partnering, as
required by subparagraph (D).
(G) Actively promoting the master's degree in
physical education program to prospective students,
including by creating additional incentives to recruit
prospective students into the program, if the
institution of higher education considers such
incentives necessary.
(H) Such additional activities as the Secretary may
require.
(2) Permitted activities.--An institution of higher
education that receives a grant under this section may use any
grant funds remaining after carrying out the activities
required by paragraph (1) for any purpose related to the
incorporation of technology and innovative teaching practices
into its master's degree in physical education program,
including--
(A) purchasing equipment and technology designed to
increase or enhance physical activity participation or
fitness levels, including heart rate monitors, pocket
PCs, and fitness assessment systems;
(B) providing stipends for master's degree
candidates; and
(C) covering the administrative costs incurred by
the institution of higher education in connection with
activities required or permitted by this subsection and
the reporting requirement of subsection (f)(1).
(d) Consultant Institution of Higher Education.--
(1) In general.--Before making grants under this section,
the Secretary shall choose 1 institution of higher education to
serve as a consultant to the Secretary in developing the grant
program, including establishing additional eligibility and
application criteria under subsection (b)(2) and additional
required activities under subsection (c)(1)(H).
(2) Eligibility.--The Secretary may only choose as a
consultant under paragraph (1) an institution of higher
education that, not later than 5 years prior to the beginning
of such relationship and throughout such relationship--
(A) offers a master's degree in physical education
program that emphasizes the incorporation of technology
into the teaching of physical education; and
(B) partners with a local educational agency that
serves schools in which the institution of higher
education's master's degree candidates serve as student
teachers.
(3) Reimbursement of costs.--The Secretary shall reimburse
the institution of higher education the Secretary chooses under
paragraph (1) for the costs it incurs in serving as a
consultant to the Secretary.
(e) Duration and Renewal of Grant.--
(1) Duration.--A grant under this section shall be awarded
over 4 fiscal years.
(2) Renewal.--An institution of higher education is
eligible to apply for renewal of a grant under this section if
it continues to meet the eligibility requirements of subsection
(b).
(f) Reporting Requirements.--
(1) Report from institution of higher education to
secretary.--Not later than 60 days after the conclusion of each
fiscal year in which it receives grant funds under this
section, an institution of higher education shall submit to the
Secretary a report that includes a detailed explanation and
analysis of--
(A) how the institution of higher education has
used grant funds;
(B) the impact of the grant on the ability of the
institution of higher education to train master's
degree candidates to incorporate technology and
innovative teaching practices into the teaching of
physical education; and
(C) the impact that the institution of higher
education's partnership has had on the local
educational agency with which it is partnering, as
required by subsection (c)(1)(D).
(2) Report from secretary to congress.--Not later than 120
days after the conclusion of each fiscal year in which the
Secretary awards grant funds under this section, the Secretary
shall submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report that
includes a summary of--
(A) how institutions of higher education receiving
grants under this section have used grant funds in such
fiscal year;
(B) the impact of the grant program on the ability
of institutions of higher education to train master's
degree candidates to incorporate technology and
innovative teaching practices into the teaching of
physical education; and
(C) the impact of the grant program on the local
educational agencies with which institutions of higher
education are partnering, as required by subsection
(c)(1)(D).
(g) Definitions.--In this section, the following definitions apply:
(1) Fitness assessment system.--The term ``fitness
assessment system'' means a method or device that enables a
physical education teacher to monitor a student's fitness
progress, including a pocket PC and a heart rate monitor.
(2) Innovative teaching practice.--The term ``innovative
teaching practice'' means a teaching practice that gives
teachers an opportunity to explore new ideas and methods for
teaching physical education to students. Such a practice--
(A) shall include the use of technology in the
physical education curriculum; and
(B) may include any other practice that has been
proven to increase students' interest in physical
education or to make students healthier and more
physically fit.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that such term does not include an
institution described in subsection (a)(1)(C) of such section.
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101(26) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(26)).
(5) Master's degree candidate.--The term ``master's degree
candidate'' means a student in a master's degree in physical
education program.
(6) Master's degree in physical education program.--The
term ``master's degree in physical education program'' means a
graduate program of study leading to the award of the degree of
master of arts in physical education or master of science in
physical education.
(7) Pocket pc.--The term ``pocket PC'' means a fitness
assessment system, including software and handheld computers,
that enables a physical education teacher to remotely collect
data about each student's fitness as students participate in
class activities and to generate individual fitness report
cards for each student based on such data.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,500,000 for each of the
fiscal years 2011 through 2015, of which not more than 5 percent shall
be available each year for the costs of administering the grant program
established under this section. | Fitness for Life Act - Authorizes the Secretary of Education to make competitive, renewable four-year grants to ten institutions of higher education (IHEs) for the expansion of their master's degree in physical education programs.
Requires IHEs to use the grant funds to: (1) teach students to incorporate technology and innovative teaching practices into physical education instruction and encourage children to be more physically active outside the classroom; (2) develop program curricula that link practice and theory; (3) partner with local educational agencies (LEAs) that serve schools where their students are to serve as full-time student teachers and most of their instruction is to occur; (4) extend their programs into the communities served by their partner LEAs; (5) actively promote their programs to prospective students; and (6) engage in such other activities the Secretary requires.
Directs the Secretary, in developing the grant program, to consult with an IHE that for the past five years has: (1) offered a master's degree in physical education program that emphasizes the incorporation of technology into physical education instruction; and (2) partnered with an LEA that serves schools in which its master's degree candidates serve as student teachers. | To authorize the Secretary of Education to make grants to 10 institutions of higher education for the expansion of master's degree in physical education programs that emphasize technology and innovative teaching practices. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Hawaiian Housing Assistance
Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The Federal Government has a responsibility to promote
the general welfare of the Nation by employing its resources to
remedy the unsafe and unsanitary housing conditions and the
acute shortage of decent, safe, and sanitary dwellings for
families of lower income and by developing effective
partnerships with governmental and private entities to
accomplish these objectives.
(2) Based upon the status of the Kingdom of Hawaii as an
internationally recognized and independent sovereign and the
unique historical and political relationship between the United
States and Native Hawaiians, the Native Hawaiian people have a
continuing right to local autonomy in traditional and cultural
affairs and an ongoing right of self-determination and self-
governance that has never been extinguished.
(3) The authority of Congress under the Constitution of the
United States to legislate and address matters affecting the
rights of indigenous people of the United States includes the
authority to legislate in matters affecting Native Hawaiians.
(4) In 1921, in recognition of the severe decline in the
Native Hawaiian population, Congress enacted the Hawaiian Homes
Commission Act, 1920, which set aside approximately 200,000
acres of the ceded public lands for homesteading by Native
Hawaiians, thereby affirming the special relationship between
the United States and the Native Hawaiians.
(5) In 1959, under the Act entitled ``An Act to provide for
the admission of the State of Hawaii into the Union'', approved
March 18, 1959 (73 Stat. 4), the United States reaffirmed the
special relationship between the United States and the Native
Hawaiian people--
(A) by transferring what the United States deemed
to be a trust responsibility for the administration of
the Hawaiian Home Lands to the State of Hawaii, but
continuing Federal superintendence by retaining the
power to enforce the trust, including the exclusive
right of the United States to consent to land exchanges
and any amendments to the Hawaiian Homes Commission
Act, 1920, enacted by the legislature of the State of
Hawaii affecting the rights of beneficiaries under such
Act; and
(B) by ceding to the State of Hawaii title to the
public lands formerly held by the United States,
mandating that such lands be held ``in public trust''
for ``the betterment of the conditions of Native
Hawaiians, as defined in the Hawaiian Homes Commission
Act, 1920'', and continuing Federal superintendence by retaining the
exclusive legal responsibility to enforce this public trust.
(6) In recognition of the special relationship that exists
between the United States and the Native Hawaiian people,
Congress has extended to Native Hawaiians the same rights and
privileges accorded to American Indians and Alaska Natives
under the Native American Programs Act of 1974, the American
Indian Religious Freedom Act, the National Museum of the
American Indian Act, the Native American Graves Protection and
Repatriation Act, the National Historic Preservation Act, the
Native American Languages Act, the American Indian, Alaska
Native and Native Hawaiian Culture and Arts Development Act,
the Job Training and Partnership Act, and the Older Americans
Act of 1965.
(7) The special relationship has been recognized and
reaffirmed by the United States Congress in the area of
housing--
(A) through the authorization of mortgage loans
insured by the Federal Housing Administration for the
purchase, construction, or refinancing of homes on
Hawaiian Home Lands under the National Housing Act;
(B) by mandating Native Hawaiian representation on
the National Commission on American Indian, Alaska
Native, and Native Hawaiian Housing;
(C) by the inclusion of Native Hawaiians in the
Native American Veterans' Home Loan Equity Act of 1993;
and
(D) by enactment of the Hawaiian Home Lands
Recovery Act, which establishes a process that enables
the Federal Government to convey lands to the
Department of Hawaiian Home Lands equivalent in value
to lands acquired by the Federal Government.
(b) Purposes.--The purposes of this Act are as follows:
(1) To implement the recommendation of the National
Commission on American Indian, Alaska Native, and Native
Hawaiian Housing (in this Act referred to as the
``Commission'') that Congress establish a Native Hawaiian
Housing and Infrastructure Assistance Program to alleviate and
address the severe housing needs of Native Hawaiians by
extending to them the same Federal housing assistance available
to American Indians and Alaska Natives.
(2) To address the following needs of the Native Hawaiian
population, as documented in the Final Report of the
Commission, ``Building the Future: A Blueprint for Change''
(1992); the United States Department of Housing and Urban
Development report, ``Housing Problems and Needs of Native
Hawaiians (1995);'' and the State Department of Hawaiian Home
Lands report ``Department of Hawaiian Home Lands Beneficiary
Needs Study'' (1995):
(A) Native Hawaiians experience the highest
percentage of housing problems in the Nation: 49
percent, compared to 44 percent for American Indian and
Alaska Native households in tribal areas, and 27
percent for all United States households, particularly
in the area of overcrowding (27 percent versus 3
percent nationally) with 36 percent of Hawaiian
homelands households experiencing overcrowding.
(B) Native Hawaiians have the worst housing
conditions in the State of Hawaii and are seriously
overrepresented in the State's homeless population,
representing over 30 percent.
(C) Among the Native Hawaiian population, the needs
of the Native Hawaiians eligible for Hawaiian homelands
are the most severe. Ninety-five percent of the current
applicants, approximately 13,000 Native Hawaiians, are
in need of housing, with one-half of those applicant
households facing overcrowding and one-third paying
more than 30 percent of their income for shelter. Under
Department of Housing and Urban Development guidelines,
70.8 percent of Department of Hawaiian Home Lands
lessees and applicants fall below the Department of
Housing and Urban Development median family income,
with more than half having incomes below 30 percent.
SEC. 3. HOUSING ASSISTANCE.
The Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.) is amended by adding at the end the
following new title:
``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
``SEC. 801. BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES.
``(a) Grant Authority.--For each fiscal year, the Secretary shall
(to the extent amounts are made available to carry out this title) make
a grant under this title to the Department of Hawaiian Home Lands to
carry out affordable housing activities for Native Hawaiian families on
or near Hawaiian Home Lands.
``(b) Applicability of Other Provisions.--
``(1) In general.--Except as provided pursuant to paragraph
(3), the provisions of sections 3 and 4 and titles I, II, and
IV shall apply to assistance under this title to the Department
of Hawaiian Home Lands for affordable housing for Native
Hawaiian families in the same manner that such provisions apply
to assistance under such sections and titles to recipients for
Indian tribes for affordable housing for Indian families.
``(2) References.--Except as provided pursuant to paragraph
(3), for purposes of carrying out this title, any references in
titles I, II, and IV--
``(A) to `Indian area' is deemed to refer to areas
on or near Hawaiian Home Lands;
``(B) to `Indian housing plan' is deemed to refer
to a plan under section 102 by the Department of
Hawaiian Home Lands;
``(C) to `Indian tribe' as a grant beneficiary or
to `Indian families' is deemed to refer to Native
Hawaiians or the Department of Hawaiian Home Lands;
``(D) to `Indian family' is deemed to refer to
Native Hawaiian family; and
``(E) to `recipient', `tribally designated housing
entity', or `housing entity' is deemed to refer to the
Department of Hawaiian Home Lands.
``(3) Exception.--The Secretary may, by regulation, waive
or modify any provision of section 3 or 4, title I, II, or IV,
or paragraph (2) of this subsection, for purposes only of the
applicability of such provision to assistance under this title,
as the Secretary determines necessary to provide for assistance
under this title to meet the unique housing needs and
circumstances of Native Hawaiians.
``(c) Use of Nonprofit Organizations.--As a condition of receiving
grant amounts under this title, the Department of Hawaiian Home Lands
shall, to the extent practicable, provide for private nonprofit
organizations experienced in the planning and development of affordable
housing for Native Hawaiians to carry out affordable housing activities
with such grant amounts.
``SEC. 802. DEFINITIONS.
``For purposes of this title, the following definitions shall
apply:
``(1) Department of hawaiian home lands.--The term
`Department of Hawaiian Home Lands' means the agency or
department of the government of the State of Hawaii that is
responsible for the administration of the Hawaiian Homes
Commission Act, 1920.
``(2) Hawaiian home lands.--The term `Hawaiian home lands'
means the lands set aside for homesteading by Native Hawaiians
under the Hawaiian Homes Commission Act, 1920, and any other
lands acquired pursuant to such Act.
``(3) Native Hawaiian.--The term `Native Hawaiian' has the
meaning given such term in section 201 of the Hawaiian Homes
Commission Act, 1920.
``SEC. 803. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this
title such sums as may be necessary for each of fiscal years 1997,
1998, 1999, 2000, and 2001.''.
SEC. 4. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184 of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z-13a) is amended by adding at the end the following new
subsection:
``(l) Applicability to Native Hawaiian Housing.--
``(1) Guarantee authority.--To provide access to sources of
private financing to Native Hawaiian families, Native Hawaiian
housing authorities, and private nonprofit organizations
experienced in the planning and development of affordable
housing for Native Hawaiians, who otherwise could not acquire
housing financing because of the unique legal status of
Hawaiian Home Lands, the Secretary may guarantee not to exceed
100 percent of the unpaid principal and interest due on any
loan eligible pursuant to this subsection made to a Native
Hawaiian family, a Native Hawaiian housing authority, or such a
private nonprofit organization.
``(2) Applicability of other provisions.--
``(A) In general.--Except as provided pursuant to
subparagraph (C), the provisions of subsections (b)
through (k) shall apply to loan guarantees under this
subsection to Native Hawaiian families and to Native
Hawaiian housing authorities and private nonprofit
organizations referred to in paragraph (1) in the same
manner that such provisions apply to guarantees under
such subsections to Indian families and Indian housing
authorities.
``(B) References.--Except as provided pursuant to
subparagraph (C), for purposes of carrying out this
subsection, any references in subsections (b) through
(k)--
``(i) to `Indian' is deemed to refer to
Native Hawaiian;
``(ii) to `Indian area' is deemed to refer
to the area within which a Native Hawaiian
housing authority is authorized to provide
housing;
``(iii) to `Indian housing authority' is
deemed to refer to Native Hawaiian housing
authority or a private nonprofit organization
referred to in paragraph (1); and
``(iv) to `trust land' is deemed to refer
to Hawaiian Home Lands.
``(C) Exception.--The Secretary may, by regulation,
waive or modify any provision of subsection (b) through
(k) or of subparagraph (B) of this paragraph, for
purposes only of the applicability of such provision to
loan guarantees under this subsection, as the Secretary
determines necessary to provide for loan guarantees
under this subsection to meet the unique housing needs
and circumstances of Native Hawaiians.
``(3) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Department of hawaiian home lands.--The term
`Department of Hawaiian Home Lands' means the agency or
department of the government of the State of Hawaii
that is responsible for the administration of the
Hawaiian Homes Commission Act, 1920.
``(B) Hawaiian home lands.--The term `Hawaiian Home
Lands' means the lands set aside for homesteading by
Native Hawaiians under the Hawaiian Homes Commission
Act, 1920, and any other lands acquired pursuant to
that Act.
``(C) Native hawaiian.--The term `Native Hawaiian'
has the meaning given such term in section 201 of the
Hawaiian Homes Commission Act, 1920.
``(D) Native hawaiian housing authority.--The term
`Native Hawaiian housing authority' means any public
body (or agency or instrumentality thereof) established
under the laws of the State of Hawaii, that is
authorized to engage in or assist in the development or
operation of low-income housing for Native Hawaiians,
including the Department of Hawaiian Home Lands and the
Office of Hawaiian Affairs of the State of Hawaii.
``(4) Authorization of appropriations.--For costs (as such
term is defined in section 502 of the Congressional Budget Act
of 1974) of loan guarantees under this subsection, there are
authorized to be appropriated to the Indian Housing Loan
Guarantee Fund under subsection (i) such sums as may be
necessary for each of fiscal years 1997, 1998, 1999, 2000, and
2001.''. | Native Hawaiian Housing Assistance Act of 1997 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 to establish a Native Hawaiian affordable housing block grant program. Authorizes appropriations.
Amends the Housing and Community Development Act of 1992 to authorize Native Hawaiian housing loan guarantees. Authorizes appropriations. | Native Hawaiian Housing Assistance Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Rescissions Act of 1993''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriations Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 days after the date of enactment of
an appropriation Act, the President may transmit to Congress
one or more special messages proposing to rescind all or any
part of any item of budget authority provided in that Act and
include with each special message a draft bill or joint
resolution that, if enacted, would rescind each item of budget
authority (or part thereof) proposed to be rescinded.
``(2) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second day of continuous
session of the applicable House after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of Congress
in which the appropriation Act involved originated shall
introduce (by request) the draft bill or joint resolution
accompanying that special message. If the bill or joint
resolution is not introduced as provided in the preceding
sentence, then, on the third day of continuous session of that
House after the date of receipt of that special message, any
Member of that House may introduce the bill or joint
resolution.
``(B) The bill or joint resolution shall be referred to the
Committee on Appropriations of that House. The committee shall
report the bill or joint resolution without substantive
revision and with or without recommendation. The bill or joint
resolution shall be reported not later than the seventh day of
continuous session of that House after the date of receipt of
that special message. If the Committee on Appropriations fails
to report the bill or joint resolution within that period, that
committee shall be automatically discharged from consideration
of the bill or joint resolution, and the bill or joint
resolution shall be placed on the appropriate calendar.
``(C) A vote on final passage of the bill or joint
resolution shall be taken in that House on or before the close
of the 10th calendar day of continuous session of that House
after the date of the introduction of the bill or joint
resolution in that House. If the bill or joint resolution is
agreed to, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the bill or joint resolution to be engrossed, certified, and
transmitted to the other House of Congress on the same calendar
day on which the bill or joint resolution is agreed to.
``(2)(A) A bill or joint resolution transmitted to the
House of Representatives or the Senate pursuant to paragraph
(1)(C) shall be referred to the Committee on Appropriations of
that House. The committee shall report the bill or joint
resolution without substantive revision and with or without
recommendation. The bill or joint resolution shall be reported
not later than the seventh day of continuous session of that
House after it receives the bill or joint resolution. A
committee failing to report the bill or joint resolution within
such period shall be automatically discharged from
consideration of the bill or joint resolution, and the bill or
joint resolution shall be placed upon the appropriate calendar.
``(B) A vote on final passage of a bill or joint resolution
transmitted to that House shall be taken on or before the close
of the 10th calendar day of continuous session of that House
after the date on which the bill or joint resolution is
transmitted. If the bill or joint resolution is agreed to in
that House, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the engrossed bill or joint resolution to be returned to the
House in which the bill or joint resolution originated.
``(3)(A) A motion in the House of Representatives to
proceed to the consideration of a bill or joint resolution
under this section shall be highly privileged and not
debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
``(B) Debate in the House of Representatives on a bill or
joint resolution under this section shall not exceed 4 hours,
which shall be divided equally between those favoring and those
opposing the bill or joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a bill or joint resolution under this
section or to move to reconsider the vote by which the bill or
joint resolution is agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill or joint resolution under this
section shall be decided without debate.
``(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill or joint resolution under this section shall be governed
by the Rules of the House of Representatives.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill or joint resolution under this section
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the Senate on a bill or joint resolution
under this section, and all debatable motions and appeals in
connection therewith, shall not exceed 10 hours. The time shall
be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill or joint resolution under this
section shall be limited to not more than 1 hour, to be equally
divided between, and controlled by, the mover and the manager
of the bill or joint resolution, except that in the event the
manager of the bill or joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a bill or joint resolution, allot additional
time to any Senator during the consideration of any debatable
motion or appeal.
``(D) A motion in the Senate to further limit debate on a
bill or joint resolution under this section is not debatable. A
motion to recommit a bill or joint resolution under this
section is not in order.
``(d) Amendments Prohibited.--No amendment to a bill or joint
resolution considered under this section shall be in order in either
the House of Representatives or the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Requirement To Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the day after the date on which either House defeats
the bill or joint resolution transmitted with that special message.
``(f) Definitions.--For purposes of this section--
``(1) The term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations.
``(2) The continuity of a session of the Congress shall be
considered as broken only by an adjournment of the Congress
sine die, and the days on which either House is not in session
because of an adjournment of more than 3 days to a day certain
shall be excluded in the computation of the periods of
continuous session referred to in subsection (c) of this
section. If a special message is transmitted under this section
during any Congress and the last session of the Congress
adjourns sine die before the expiration of 10 calendar days of
continuous session (or a special message is transmitted after
the last session of the Congress adjourns sine die), the
message shall be deemed to have been transmitted on the first
day of the succeeding Congress and the periods of continuous
session referred to in subsection (c) of this section shall
commence on the day after such first day.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''. | Enhanced Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill.
Requires that such special message be transmitted not later than three days after the enactment of an appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded.
Sets forth House and Senate procedures for the expedited consideration of such a proposal. | Enhanced Rescissions Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charities Helping Americans
Regularly Throughout the Year Act''.
SEC. 2. SENSE OF THE SENATE RELATING TO THE PROTECTION OF CHARITABLE
DEDUCTIONS.
(a) Findings.--The Senate makes the following findings:
(1) The deduction for charitable contributions has been an
important and effective part of the tax code for almost 100
years.
(2) The deduction for charitable contributions is unique as
it is the only provision that encourages taxpayers to give away
a portion of their income for the benefit of others.
(3) In 2012, nonprofit organizations provided 11,400,000
jobs, accounting for 10.3 percent of the country's private-
sector workforce.
(4) In 2014, total charitable giving was estimated to be
$358,380,000,000 (a 7.1-percent increase from 2013) and
accounted for 2.1 percent of the gross domestic product.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) encouraging charitable giving should be a goal of tax
reform; and
(2) Congress should ensure that the value and scope of the
deduction for charitable contributions is not diminished during
a comprehensive rewrite of the tax code.
SEC. 3. MODIFICATION OF RULES RELATING TO DONOR ADVISED FUNDS.
(a) Allowance of Tax-Free Charitable Distributions From Individual
Retirement Accounts.--
(1) In general.--Clause (i) of section 408(d)(8)(B) of the
Internal Revenue Code of 1986 is amended by striking ``or any
fund or account described in section 4966(d)(2)''.
(2) Effective date.--The amendment made by this subsection
shall apply to distributions made in taxable years beginning
after December 31, 2016.
(b) Return Disclosures.--
(1) Distributions.--Section 6033(k) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``and'' at the end of paragraph
(2),
(B) in paragraph (3)--
(i) by inserting ``(both in terms of dollar
amount and percentage of total value of
assets)'' after ``taxable year'', and
(ii) by striking the period and inserting
``, and'', and
(C) by adding at the end the following new
paragraph:
``(4) the average aggregate contributions to and grants
made from such funds during the most recent 3-taxable-year
period.''.
(2) Policy on inactive funds.--Section 6033(k) of the
Internal Revenue Code of 1986, as amended by paragraph (1), is
amended by striking ``and'' at the end of paragraph (3), by
striking the period at the end of paragraph (4) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(5) provide a description of the organization's policy on
inactive or dormant funds or, if no such policy exists, a
statement indicating that the organization has no such
policy.''.
(3) Effective date.--The amendments made by this subsection
shall apply to returns for taxable years beginning after
December 31, 2016.
SEC. 4. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT
INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) of the Internal Revenue Code of
1986 is amended by striking ``2 percent'' and inserting ``1 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets Certain
Distribution Requirements.--Section 4940 of such Code is amended by
striking subsection (e).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 5. MANDATORY ELECTRONIC FILING FOR ANNUAL RETURNS OF EXEMPT
ORGANIZATIONS.
(a) In General.--Section 6033 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Mandatory Electronic Filing.--Any organization required to
file a return under this section shall file such return in electronic
form.''.
(b) Inspection of Electronically Filed Annual Returns.--Subsection
(b) of section 6104 is amended by adding at the end the following:
``Any annual return required to be filed electronically under section
6033(n) shall be made available by the Secretary to the public in
machine readable format as soon as practicable.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after the date of the enactment of this Act.
(2) Transitional relief.--
(A) Small organizations.--
(i) In general.--In the case of any small
organizations, or any other organizations for
which the Secretary determines the application
of the amendments made by subsection (a) would
cause undue burden without a delay, the
Secretary may delay the application of such
amendments, but not later than taxable years
beginning 2 years after the date of the
enactment of this Act.
(ii) Small organization.--For purposes of
clause (i), the term ``small organization''
means any organization--
(I) the gross receipts of which for
the taxable year are less than
$200,000, and
(II) the aggregate gross assets of
which at the end of the taxable year
are less than $500,000.
(B) Organizations filing form 990-t.--In the case
of any organization described in section 511(a)(2) of
the Internal Revenue Code of 1986 which is subject to
the tax imposed by section 511(a)(1) of such Code on
its unrelated business taxable income, or any
organization required to file a return under section
6033 of such Code and include information under
subsection (e) thereof, the Secretary may delay the
application of the amendments made by this section, but
not later than taxable years beginning 2 years after
the date of the enactment of this Act.
SEC. 6. DETERMINATION OF STANDARD MILEAGE RATE FOR CHARITABLE
CONTRIBUTIONS DEDUCTION.
(a) Determination of Standard Mileage Rate for Charitable
Contributions Deduction.--Subsection (i) of section 170 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(i) Standard Mileage Rate for Use of Passenger Automobile.--For
purposes of computing the deduction under this section for use of a
passenger automobile, the standard mileage rate shall be the rate
determined by the Secretary, which rate shall not be less than the
standard mileage rate used for purposes of section 213.''.
(b) Effective Date.--The amendment made by this section shall apply
to miles traveled after the date of the enactment of this Act.
SEC. 7. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX
FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS.
(a) In General.--Section 4943 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Exception for Certain Philanthropic Business Holdings.--
``(1) In general.--Subsection (a) shall not apply with
respect to the holdings of a private foundation in any business
enterprise which for the taxable year meets--
``(A) the exclusive ownership requirements of
paragraph (2),
``(B) the all profits to charity requirement of
paragraph (3), and
``(C) the independent operation requirements of
paragraph (4).
``(2) Exclusive ownership.--The exclusive ownership
requirements of this paragraph are met if--
``(A) all ownership interests in the business
enterprise are held by the private foundation at all
times during the taxable year, and
``(B) all the private foundation's ownership
interests in the business enterprise were acquired
under the terms of a will or trust upon the death of
the testator or settlor, as the case may be.
``(3) All profits to charity.--
``(A) In general.--The all profits to charity
requirement of this paragraph is met if the business
enterprise, not later than 120 days after the close of
the taxable year, distributes an amount equal to its
net operating income for such taxable year to the
private foundation.
``(B) Net operating income.--For purposes of this
paragraph, the net operating income of any business
enterprise for any taxable year is an amount equal to
the gross income of the business enterprise for the
taxable year, reduced by the sum of--
``(i) the deductions allowed by chapter 1
for the taxable year which are directly
connected with the production of such income,
``(ii) the tax imposed by chapter 1 on the
business enterprise for the taxable year, and
``(iii) an amount for a reasonable reserve
for working capital and other business needs of
the business enterprise.
``(4) Independent operation.--The independent operation
requirements of this paragraph are met if, at all times during
the taxable year--
``(A) no substantial contributor (as defined in
section 4958(c)(3)(C)) to the private foundation, or
family member of such a contributor (determined under
section 4958(f)(4)), is a director, officer, trustee,
manager, employee, or contractor of the business
enterprise (or an individual having powers or
responsibilities similar to any of the foregoing),
``(B) at least a majority of the board of directors
of the private foundation are individuals other than
individuals who are either--
``(i) directors or officers of the business
enterprise, or
``(ii) members of the family (determined
under section 4958(f)(4)) of a substantial
contributor (as defined in section
4958(c)(3)(C)) to the private foundation, and
``(C) there is no loan outstanding from the
business enterprise to a substantial contributor (as so
defined) to the private foundation or a family member
of such contributor (as so determined).
``(5) Certain deemed private foundations excluded.--This
subsection shall not apply to--
``(A) any fund or organization treated as a private
foundation for purposes of this section by reason of
subsection (e) or (f),
``(B) any trust described in section 4947(a)(1)
(relating to charitable trusts), and
``(C) any trust described in section 4947(a)(2)
(relating to split-interest trusts).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Charities Helping Americans Regularly Throughout the Year Act This bill amends the Internal Revenue Code to modify several tax provisions affecting charitable contributions and tax-exempt organizations. The bill excludes from the gross income of an individual who is at least 70-1/2 years of age up to $100,000 in distributions from an individual retirement plan to a donor-advised fund (DAF). (A DAF is a fund or account that is separately identified by reference to contributions of a donor or donors. The account is owned and controlled by a sponsoring charitable organization, while the donor retains advisory privileges with respect to the distribution and investment of funds in the account.) Sponsors of DAFs must disclose in their returns specified details regarding: (1) policies on inactive or dormant funds, and (2) average aggregate contributions to and grants made from the funds during the most recent three-year period. The bill reduces from 2% to 1% the excise tax on the investment income of private foundations and eliminates a provision that reduces the rate to 1% if a foundation meets certain distribution requirements. Tax-exempt organizations must file their returns in electronic form, and the Internal Revenue Service (IRS) must make the returns available to the public in a machine readable format as soon as practicable. The IRS may delay the requirement for up to two years for certain small organizations. The IRS may determine the standard mileage rate for deducting the cost of using a passenger automobile for charitable purposes (currently set by statute at 14 cents per mile), and the rate may not be less than the rate for medical purposes (19 cents per mile for 2016). The bill exempts certain philanthropic business holdings from the tax on excess business holdings of private foundations if a foundation meets requirements for exclusive ownership, donating all profits to charity, and independent operation. | Charities Helping Americans Regularly Throughout the Year Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Relationships Act of 2015''.
SEC. 2. SEXUAL RISK AVOIDANCE EDUCATION.
(a) Grants.--The Secretary of Health and Human Services, acting
through the Administrator of the Health Resources and Services
Administration, may award grants on a competitive basis to public and
private entities to provide qualified sexual risk avoidance education
to youth and their parents.
(b) Qualified Sexual Risk Avoidance Education.--To qualify for
funding under subsection (a), sexual risk avoidance education shall
meet each of the following:
(1) The primary emphasis and context for each topic covered
through the funding shall be the unambiguous message that
postponing sexual activity is the optimal sexual health
behavior for youth.
(2) The education shall be medically accurate.
(3) The education shall be an evidence-based approach.
(4) The education shall be age-appropriate.
(5) The education shall thoroughly address each of the
following:
(A) The holistic individual and societal benefits
associated with personal responsibility, success
sequencing, self-regulation, goal setting, healthy
decisionmaking, and a focus on the future.
(B) The research-based advantage of reserving
sexual activity for marriage, as associated with
poverty prevention and optimal physical and emotional
health for all youth, regardless of previous sexual
experience.
(C) The skills needed to resist the pervasive, sex-
saturated culture that portrays teenage sexual activity
as an expected norm, with few risks or negative
consequences.
(D) The foundational components of healthy
relationships and their impact on the formation of
healthy marriages and safe and stable families.
(E) How to avoid sexual coercion, dating violence,
and risk behaviors, such as drugs, alcohol, and the
misuse of social media.
(6) The education shall ensure that any information
provided on contraception--
(A) emphasizes the superior health benefits of
sexual delay; and
(B) does not exaggerate the effectiveness of
contraception in preventing the physical and non-
physical consequences of teenage sexual activity.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing programs to
provide qualified sexual risk avoidance education that--
(1) serves youth throughout the middle and high school
grades; and
(2) will promote parent-child communication regarding
healthy sexual decisionmaking.
(d) Definitions.--In this Act:
(1) The term ``age-appropriate'' means appropriate for the
general developmental and social maturity of the age group (as
opposed to the cognitive ability to understand a topic, or the
atypical development, of a small segment of the targeted
population).
(2) The term ``evidence-based approach'' means an approach
that--
(A) has a clear theoretical framework integrating
research findings with practical implementation
relevant to the field;
(B) matches the needs and desired outcomes for the
intended audience; and
(C) if effectively implemented, will demonstrate
improved outcomes for the targeted population.
(3) The term ``medically accurate'' means referenced to
peer-reviewed research by medical, educational, scientific,
governmental, or public health publications, organizations, or
agencies.
(4) The term ``sexual risk avoidance'' means voluntarily
refraining from sexual activity.
(5) The term ``sexual activity'' means genital contact or
sexual stimulation for the purpose of arousal, including sexual
intercourse.
(6) The term ``success sequencing'' means increasing the
chance of avoiding poverty by means of progression through the
following behavorial benchmarks in the following sequence:
completing school, securing a job, and marrying before bearing
children.
(e) Authorization of Appropriations.--
(1) In general.--To carry out this Act, there is authorized
to be appropriated $110,000,000 for each of fiscal years 2016
through 2020. Amounts authorized to be appropriated by the
preceding sentence shall be derived exclusively from amounts in
the Prevention and Public Health Fund established by section
4002 of the Patient Protection and Affordable Care Act (42
U.S.C. 300u-11).
(2) Federal administrative costs.--Of the amount authorized
to be appropriated by paragraph (1) for a fiscal year--
(A) not more than $1,000,000 are authorized to be
used for Federal administrative costs; and
(B) of the amount used by the Secretary for
administrative costs, at least 40 percent shall be used
for training and technical assistance by qualified
organizations whose--
(i) sole focus is the development and
advancement of sexual risk avoidance;
(ii) have expertise in theory-based sexual
risk avoidance curriculum development and
implementation;
(iii) have direct experience in developing
sexual risk avoidance evaluation instruments;
and
(iv) can offer technical assistance and
training on a wide range of topics relevant to
the sexual risk avoidance field. | Healthy Relationships Act of 2015 This bill authorizes the Health Resources and Services Administration to award grants for qualified sexual risk avoidance education for youth and their parents. The unambiguous message that postponing sexual activity is the optimal sexual health behavior for youth must be the primary emphasis and context for each topic covered by the education. The education must be age appropriate, medically accurate, and evidence based. The education must address specified topics, including: the benefits associated with personal responsibility, success sequencing (sequential progression through: completing school, securing a job, and marrying before bearing children), goal setting, healthy decision making, and a focus on the future; the research-based advantage of reserving sexual activity for marriage; the skills needed to resist the pervasive, sex-saturated culture; the foundational components of healthy relationships; and how to avoid sexual coercion, dating violence, and risk behaviors, such as drugs, alcohol, and the misuse of social media. Priority in awarding grants must be given to programs serving youth in middle school and high school that will promote parent-child communication regarding healthy sexual decision making. | Healthy Relationships Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Debris Act Amendments of
2016''.
SEC. 2. NOAA MARINE DEBRIS PROGRAM.
Subsection (b) of section 3 of the Marine Debris Act (33 U.S.C.
1952(b)) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5)(C), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(6) work with other Federal agencies to develop outreach
and education strategies to address both land- and sea-based
sources of marine debris; and
``(7) work with the Department of State and other Federal
agencies to promote international action to reduce the
incidence of marine debris.''.
SEC. 3. ASSISTANCE FOR SEVERE MARINE DEBRIS EVENTS.
Section 3 of the Marine Debris Act (33 U.S.C. 1952) is amended by
adding at the end the following new subsection:
``(d) Assistance for Severe Marine Debris Events.--
``(1) In general.--At the discretion of the Administrator
or at the request of the Governor of an affected State, the
Administrator shall determine whether there is a severe marine
debris event.
``(2) Assistance.--If the Administrator makes a
determination under paragraph (1) that there is a severe marine
debris event, the Administrator is authorized to make sums
available to be used by the affected State or by the
Administrator in cooperation with the affected State--
``(A) to assist in the cleanup and response
required by the severe marine debris event; or
``(B) such other activity as the Administrator
determines is appropriate in response to the severe
marine debris event.
``(3) Federal share.--The Federal share of the cost of any
activity carried out under the authority of this subsection
shall not exceed 75 percent of the cost of that activity.''.
SEC. 4. SENSE OF CONGRESS ON INTERNATIONAL ENGAGEMENT TO RESPOND TO
MARINE DEBRIS.
It is the sense of Congress that the President should--
(1) work with representatives of foreign countries that
produce the largest amounts of unmanaged municipal solid waste
that reaches the ocean to learn about, and find solutions to,
the contributions of such countries to marine debris in the
world's oceans;
(2) carry out studies to determine--
(A) the primary means by which solid waste enters
the oceans;
(B) the manner in which waste management
infrastructure can be most effective in preventing
debris from reaching the oceans;
(C) the long-term economic impacts of marine debris
on the national economies of each country set out in
paragraph (1) and on the global economy; and
(D) the economic benefits of decreasing the amount
of marine debris in the oceans;
(3) work with representatives of foreign countries that
produce the largest amounts of unmanaged municipal solid waste
that reaches the ocean to conclude one or more new
international agreements--
(A) to mitigate the risk of land-based marine
debris contributed by such countries reaching an ocean;
and
(B) to increase technical assistance and investment
in waste management infrastructure, if the President
determines appropriate; and
(4) consider the benefits and appropriateness of having a
senior official of the Department of State serve as a permanent
member of the Interagency Marine Debris Coordinating Committee
established under section 5 of the Marine Debris Act (33 U.S.C.
1954).
SEC. 5. INCLUSION OF DEPARTMENT OF STATE ON THE INTERAGENCY MARINE
DEBRIS COORDINATING COMMITTEE.
Section 5(b) of the Marine Debris Act (33 U.S.C. 1954(b)) is
amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) the Department of State; and''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 9 of the Marine Debris Act (33 U.S.C. 1958) is amended to
read as follows:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for each fiscal year 2017
through 2021--
``(1) to the Administrator for carrying out sections 3, 5,
and 6, $10,000,000, of which no more than 10 percent may be for
administrative costs; and
``(2) to the Secretary of the Department in which the Coast
Guard is operating, for the use of the Commandant of the Coast
Guard in carrying out section 4, $2,000,000, of which no more
than 10 percent may be used for administrative costs.''.
Passed the Senate December 10 (legislative day, December
9), 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 3086
_______________________________________________________________________
AN ACT
To reauthorize and amend the Marine Debris Act to promote international
action to reduce marine debris and for other purposes. | Marine Debris Act Amendments of 2016 (Sec. 2) This bill amends the Marine Debris Act to revise the Marine Debris Program by requiring the National Oceanic and Atmospheric Administration (NOAA) to work with: (1) other agencies to address both land- and sea-based sources of marine debris, and (2) the Department of State and other agencies to promote international action to reduce the incidence of marine debris. (Sec. 3) The bill also revises the program by allowing NOAA to make sums available for assisting in the cleanup and response required by severe marine debris events. (Sec. 4) The bill urges the President to: (1) work with foreign countries that produce the largest amounts of unmanaged municipal solid waste that reaches the ocean in order to find solution to the marine debris; and (2) study issues related to marine debris, including the economic impacts of marine debris. (Sec. 5) The Interagency Marine Debris Coordinating Committee must expand to include a senior official from the Department of State. (Sec. 6) This bill reauthorizes through FY2021: (1) the Marine Debris Program, (2) an information clearinghouse on marine debris, and (3) enforcement of laws about discarded marine debris from ships. | Marine Debris Act Amendments of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Opportunity Zone Public Finance
Relief Act of 2005''.
SEC. 2. GULF TAX CREDIT BONDS.
(a) In General.--Subpart H of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 54A. CREDIT TO HOLDERS OF GULF TAX CREDIT BONDS.
``(a) Allowance of Credit.--If a taxpayer holds a Gulf tax credit
bond on one or more credit allowance dates of the bond occurring during
any taxable year, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to the sum
of the credits determined under subsection (b) with respect to such
dates.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a Gulf tax credit bond is 25 percent of the annual credit
determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any Gulf tax credit bond is the product of--
``(A) the credit rate determined by the Secretary
under paragraph (3) for the day on which such bond was
sold, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Determination.--For purposes of paragraph (2), with
respect to any Gulf tax credit bond, the Secretary shall
determine daily or cause to be determined daily a credit rate
which shall apply to the first day on which there is a binding,
written contract for the sale or exchange of the bond. The
credit rate for any day is the credit rate which the Secretary
or the Secretary's designee estimates will permit the issuance
of Gulf tax credit bonds with a specified maturity or
redemption date without discount and without interest cost to
the issuer.
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means March 15, June 15,
September 15, and December 15. Such term also includes the last
day on which the bond is outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than subpart C and this section).
``(d) Gulf Tax Credit Bond.--For purposes of this section--
``(1) In general.--The term `Gulf tax credit bond' means
any bond issued as part of an issue if--
``(A) the bond is issued by the State of Alabama,
Louisiana, or Mississippi,
``(B) 95 percent or more of the proceeds of such
issue are to be used to--
``(i) pay principal, interest, or premiums
on qualified bonds issued by such State or any
political subdivision of such State, or
``(ii) make a loan to any political
subdivision of such State to pay principal,
interest, or premiums on qualified bonds issued
by such political subdivision,
``(C) the Governor of such State designates such
bond for purposes of this section,
``(D) the bond is a general obligation of such
State and is in registered form (within the meaning of
section 149(a)),
``(E) the maturity of such bond does not exceed 2
years, and
``(F) the bond is issued after December 31, 2005,
and before January 1, 2007.
``(2) State matching requirement.--A bond shall not be
treated as a Gulf tax credit bond unless--
``(A) the issuer of such bond pledges as of the
date of the issuance of the issue an amount equal to
the face amount of such bond to be used for payments
described in clause (i) of paragraph (1)(B), or loans
described in clause (ii) of such paragraph, as the case
may be, with respect to the issue of which such bond is
a part, and
``(B) any such payment or loan is made in equal
amounts from the proceeds of such issue and from the
amount pledged under subparagraph (A).
The requirement of subparagraph (B) shall be treated as met
with respect to any such payment or loan made during the 1-year
period beginning on the date of the issuance (or any successor
1-year period) if such requirement is met when applied with
respect to the aggregate amount of such payments and loans made
during such period.
``(3) Aggregate limit on bond designations.--The maximum
aggregate face amount of bonds which may be designated under
this section by the Governor of a State shall not exceed--
``(A) $200,000,000 in the case of the State of
Louisiana,
``(B) $100,000,000 in the case of the State of
Mississippi, and
``(C) $50,000,000 in the case of the State of
Alabama.
``(4) Special rules relating to arbitrage.--A bond which is
part of an issue shall not be treated as a Gulf tax credit bond
unless, with respect to the issue of which the bond is a part,
the issuer satisfies the arbitrage requirements of section 148
with respect to proceeds of the issue and any loans made with
such proceeds.
``(e) Qualified Bond.--For purposes of this section--
``(1) In general.--The term `qualified bond' means any
obligation of a State or political subdivision thereof which
was outstanding on August 28, 2005.
``(2) Exception for private activity bonds.--Such term
shall not include any private activity bond.
``(3) Exception for advance refundings.--Such term shall
not include any bond--
``(A) which is designated as an advance refunding
bond under section 149(d)(7), or
``(B) with respect to which there is any
outstanding bond to refund such bond.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(g) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) partnership; s corporation; and other pass-thru
entities.--
``(A) In general.--Under regulations prescribed by
the Secretary, in the case of a partnership, trust, S
corporation, or other pass-thru entity, rules similar
to the rules of section 41(g) shall apply with respect
to the credit allowable under subsection (a).
``(B) No basis adjustment.--In the case of a bond
held by a partnership or an S corporation, rules
similar to the rules under section 1397E(i) shall
apply.
``(3) Bonds held by regulated investment companies.--If any
Gulf tax credit bond is held by a regulated investment company,
the credit determined under subsection (a) shall be allowed to
shareholders of such company under procedures prescribed by the
Secretary.
``(4) Reporting.--Issuers of Gulf tax credit bonds shall
submit reports similar to the reports required under section
149(e).''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 54(c) of such Code is amended
by inserting ``, section 54A,'' after ``subpart C''.
(2) Subparagraph (A) of section 6049(d)(8) of such Code is
amended--
(A) by inserting ``or 54A(f)'' after ``section
54(g)'', and
(B) by inserting ``or 54A(b)(4), as the case may
be'' after ``section 54(b)(4)''.
(3) The table of sections for subpart H of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 54A. Credit to holders of Gulf tax credit bonds.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2005.
SEC. 3. ADVANCE REFUNDINGS OF CERTAIN TAX-EXEMPT BONDS.
(a) In General.--Subsection (d) of section 149 of the Internal
Revenue Code of 1986 (relating to advance refundings) is amended by
redesignating paragraph (7) as paragraph (8) and by inserting after
paragraph (6) the following new paragraph:
``(7) Advance refundings of certain gulf coast bonds.--
``(A) In general.--With respect to a bond described
in subparagraph (C) which is not a qualified 501(c)(3)
bond, one additional advance refunding after the date
of the enactment of this paragraph and before January
1, 2011, shall be allowed under the applicable rules of
this subsection if--
``(i) the Governor of the State designates
the advance refunding bond for purposes of this
paragraph, and
``(ii) the requirements of subparagraph (E)
are met.
``(B) Certain private activity bonds.--With respect
to a bond described in subparagraph (C) which is an
exempt facility bond described in paragraph (1) or (2)
of section 142(a), one advance refunding after the date
of the enactment of this paragraph and before January
1, 2011, shall be allowed under the applicable rules of
this subsection (notwithstanding paragraph (2)) if the
requirements of clauses (i) and (ii) of subparagraph
(A) are met.
``(C) Bonds described.--A bond is described in this
subparagraph if such bond was outstanding on August 28,
2005, and is issued by the State of Alabama, Louisiana,
or Mississippi, or a political subdivision thereof.
``(D) Aggregate limit.--The maximum aggregate face
amount of bonds which may be designated under this
paragraph by the Governor of a State shall not exceed--
``(i) $4,500,000,000 in the case of the
State of Louisiana,
``(ii) $2,250,000,000 in the case of the
State of Mississippi, and
``(iii) $1,125,000,000 in the case of the
State of Alabama.
``(E) Additional requirements.--The requirements of
this subparagraph are met with respect to any advance
refunding of a bond described in subparagraph (C) if--
``(i) no advance refundings of such bond
would be allowed under this title on or after
August 28, 2005,
``(ii) the advance refunding bond is the
only other outstanding bond with respect to the
refunded bond, and
``(iii) the requirements of section 148 are
met with respect to all bonds issued under this
paragraph.''.
(b) Effective Date.--The amendments made by this section shall
apply to advance refundings after the date of the enactment of this
Act.
SEC. 4. FEDERAL GUARANTEE OF CERTAIN STATE BONDS.
(a) State Bonds Described.--This section shall apply to a bond
issued as part of an issue if--
(1) the issue of which such bond is part is an issue of the
State of Alabama, Louisiana, or Mississippi,
(2) the bond is a general obligation of the issuing State
and is in registered form,
(3) the proceeds of the bond are distributed to one or more
political subdivisions of the issuing State,
(4) the maturity of such bond does not exceed 5 years,
(5) the bond is issued after the date of the enactment of
this Act and before January 1, 2008, and
(6) the bond is designated by the Secretary of the Treasury
for purposes of this section.
(b) Application.--
(1) In general.--The Secretary of the Treasury may only
designate a bond for purposes of this section pursuant to an
application submitted to the Secretary by the State which
demonstrates the need for such designation on the basis of the
criteria specified in paragraph (2).
(2) Criteria.--For purposes of paragraph (1), the criteria
specified in this paragraph are--
(A) the loss of revenue base of one or more
political subdivisions of the State by reason of
Hurricane Katrina,
(B) the need for resources to fund infrastructure
within, or operating expenses of, any such political
subdivision,
(C) the lack of access of such political
subdivision to capital, and
(D) any other criteria as may be determined by the
Secretary.
(3) Guidance for submission and consideration of
applications.--The Secretary of the Treasury shall prescribe
regulations or other guidance which provide for the time and
manner for the submission and consideration of applications
under this subsection.
(c) Federal Guarantee.--A bond described in subsection (a) is
guaranteed by the United States in an amount equal to 50 percent of the
outstanding principal with respect to such bond.
(d) Aggregate Limit on Bond Designations.--The maximum aggregate
face amount of bonds which may be issued under this section shall not
exceed $3,000,000,000.
Passed the House of Representatives November 16, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Gulf Opportunity Zone Public Finance Relief Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for investment in Gulf tax credit bonds. Defines a"Gulf tax credit bond" as any bond: (1) that is issued by Alabama, Louisiana, or Mississippi after December 31, 2005, and before January 1, 2007; (2) 95 percent of the proceeds of which are used to refinance existing bonds or make loans to localities for such refinancing; and (3) the maturity of which does not exceed two years. Requires states issuing Gulf tax credit bonds to pledge matching amounts equal to the face amount of such bonds.
Limits the amount of eligible Gulf tax credit bonds to $200 billion for Louisiana, $100 billion for Mississippi, and $50 billion for Alabama.
Allows for one additional advance refunding of outstanding bond obligations of Alabama, Louisiana, or Mississippi until December 31, 2010. Limits the amount of bonds eligible for an advance refunding to $4.5 billion for Louisiana, $2.25 billion for Mississippi, and $1.125 billion for Alabama.
Provides for federal guarantees of up to $3 billion of the bonds issued by Alabama, Louisiana, or Mississippi before January 1, 2008, for the purpose of restoring lost revenue and funding infrastructure in areas affected by Hurricane Katrina. Limits such guarantee to 50% of bond principal. | To amend the Internal Revenue Code of 1986 to provide for Gulf tax credit bonds and advance refundings of certain tax-exempt bonds, and to provide a Federal guarantee of certain State bonds. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening FHA Through Shared
Equity Homeownership Act of 2010''.
SEC. 2. SHARED EQUITY PILOT PROGRAM.
(a) Purpose.--The purpose of this section is to establish a shared
equity homeownership pilot program for FHA mortgage insurance to
complement FHA mortgage lending activity to analyze the effectiveness
of shared equity finance methods that stimulate the flow of private
equity capital into the housing sector, while mitigating risk to
borrowers and to the Mutual Mortgage Insurance Fund.
(b) Establishment.--The Secretary of Housing and Urban Development
(in this section referred to as the ``Secretary'') shall carry out a
pilot program under this section (in this section referred to as the
``pilot program)'' to analyze the effectiveness of providing mortgage
insurance under the FHA mortgage insurance program for mortgages for
the acquisition or refinancing of 1- to 4-family residences that are
financed in part through a shared equity arrangement under which
independent, private sector investors invest, together with the
mortgagors, equity funds for such residences and thereby share in the
ownership of such residences.
(c) Application and Selection.--
(1) Eligibility and application.--The Secretary shall
establish eligibility requirements for financial institutions,
nonprofit organizations, housing associations, investment
pools, and other appropriate individuals and entities to
participate in the pilot program and shall provide for eligible
entities to apply to the Secretary for such participation. Such
applications shall include such information as the Secretary
considers appropriate regarding the matters referred to in
subparagraphs (A) through (D) of paragraph (2).
(2) Selection.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall select not more
than 8 individuals and entities to participate in the pilot
program, from among eligible individuals and entities applying
for such participation, using criteria established by the
Secretary, which shall include criteria based on--
(A) the methodology to be used for deploying equity
sharing capital, which shall ensure that equity sharing
capital shall be deployed from private sector sources;
(B) a definition of markets to be targeted;
(C) legal agreements and disclosures necessary to
protect mortgagors and all other involved parties and
to provide for periodic program monitoring; and
(D) the source and level of revenue expected to be
derived from participating in the pilot program.
(d) Principal Residence.--A residence acquired with a mortgage that
is insured by the Secretary under the pilot program shall be occupied
by the mortgagor as the primary residence of the mortgagor.
(e) Downpayment.--The mortgagor under a mortgage insured by the
Secretary under the pilot program shall comply with the requirement
under section 203(b)(9) of the National Housing Act (12 U.S.C.
1709(b)(9)) that the mortgagor invest the amount required by the
Secretary, which shall be not less than 3.5 percent of the appraised
value of the residence.
(f) Minimum Homebuyer Equity.--The mortgagor under the mortgage
insured by the Secretary under the pilot program shall retain a
percentage of ownership in the residence under the shared equity
arrangement that is not less than 60 percent.
(g) Insurance Premiums.--Notwithstanding section 203(c)(2)(B) of
the National Housing Act (12 U.S.C. 1709(c)(2)(B)), the Secretary shall
establish and collect annual premium payments on mortgages insured by
the Secretary under the pilot program in an amount based on the annual
premium charged under such section 203(c)(2)(B), as adjusted by the
Secretary to account for any reduced risk in insuring such mortgages
attributable to the shared equity arrangement.
(h) Rights of Mortgagor.--The Secretary shall establish
requirements to ensure the mortgagor maintains occupancy rights in the
property subject to the mortgage insured under the pilot program. A
mortgagor and shared equity investor shall receive transactional
documentation that addresses the rights, privileges and
responsibilities of both the mortgagor and shared equity investor.
(i) Scope.--
(1) Geographic diversity.--The Secretary shall carry out
the pilot program in multiple regional mortgage markets in the
United States.
(2) Equity sharing capital investments.--The Secretary
shall, for each eligible entity participating in the pilot
program, limit the amount of equity sharing capital invested
under the pilot program to $25,000,000.
(3) Timing.--The Secretary may not insure any mortgage in
connection with the pilot program after the expiration of the
two-year period beginning on the date of the implementation of
the pilot program under this Act.
(j) Waiver.--The Secretary may waive, or specify alternative
requirements for, any provision of any statute, regulation, or
guideline that the Secretary administers (except for requirements
related to fair housing, nondiscrimination, labor standards, and the
environment) upon a determination by the Secretary that such waiver is
appropriate to carry out the pilot program under this section.
(k) Monitoring and Reporting.--
(1) Monitoring.--The Secretary shall provide for such
monitoring of the pilot program, investors participating in the
pilot program, and shared equity arrangements entered into
under the pilot program as may be necessary to determine the
effectiveness of the pilot program and of the structure of, and
requirements under, the pilot program.
(2) Reports to congress.--Not later than the expiration of
the 18-month period beginning on the date of the enactment of
this Act, the Comptroller General of the United States shall
submit a report to the Congress analyzing effectiveness of the
pilot program and making recommendations regarding expansion of
the pilot program and improvements for the pilot program. | Strengthening FHA Through Shared Equity Homeownership Act of 2010 - Directs the Secretary of Housing and Urban Development (HUD) to carry out a shared equity homeownership pilot program to analyze the effectiveness of providing mortgage insurance under the Federal Housing Administration (FHA) mortgage insurance program for mortgages for the acquisition or refinancing of 1- to 4-primary family residences that are financed in part through a shared equity arrangement under which independent, private sector investors invest, together with the mortgagors, equity funds for such residences and thereby share in their ownership.
Requires the Secretary to select up to 8 financial institutions, nonprofit organizations, housing associations, investment pools, and other appropriate individuals and entities to participate in the pilot.
Requires a mortgagor to: (1) make a downpayment of at least 3.5% of the appraised value of the residence involved; and (2) retain a minimum equity in the residence under the shared equity arrangement of at least 60%. | To establish a shared equity homeownership pilot program for FHA mortgage insurance. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Work Requirements for
Welfare Programs Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The bipartisan 1996 welfare reforms succeeded as a
result of their pro-work focus, as demonstrated by the
following:
(A) Research has shown that 65 percent of families
receiving welfare through the former Aid to Families
with Dependent Children (AFDC) program, which lacked
effective work requirements and was replaced by the
1996 welfare reform law (P.L. 104-193), remained on
welfare for 8 or more years, and the average lifetime
receipt of welfare for families then receiving benefits
was 13 years.
(B) The 1996 welfare reform law replaced the failed
AFDC program with the Temporary Assistance for Needy
Families (TANF) block grant program, which made
promoting work a central focus of each State's efforts
to assist low-income parents in achieving self-
sufficiency.
(C) The 1996 welfare reforms resulted in--
(i) significant increases in the employment
and earnings of single mothers;
(ii) record declines in welfare dependency
as TANF rolls fell by more than 57 percent; and
(iii) significant reductions in child
poverty in female-headed households, which even
after the impact of a deep recession are still
below pre-reform levels.
(2) The authors of the 1996 welfare reforms did not intend
for States to be able to ``waive'' this pro-work focus, as
indicated by the following:
(A) In the 1996 welfare reform law, Congress
created specific new work requirements for welfare
recipients.
(B) In the 1996 welfare reform law, Congress
allowed States some limited waiver authority over only
TANF State plan requirements which require the State to
describe how they intend to carry out various TANF
program requirements.
(C) In section 1115 of the Social Security Act,
Congress specifically did not authorize States to seek,
or the Secretary of Health and Human Services to award,
waivers involving TANF work requirements. In section
415 of the Social Security Act, Congress specified that
any waivers subsequently approved could not waive
features of those work requirements.
(D) In a Congressional summary published
immediately after enactment of the 1996 reforms, the
authors of the 1996 welfare reform law summarized its
intended treatment of waivers as follows: ``Waivers
granted after the date of enactment may not override
provisions of the TANF law that concern mandatory work
requirements.''.
(3) The recent Department of Health and Human Services
Information Memorandum dated July 12, 2012, suggesting States
may waive this pro-work focus should be immediately withdrawn
by the Obama Administration, or repealed through this
legislation, for the following reasons:
(A) In the 16 years since enactment of the 1996
welfare reforms, no previous Secretary of Health and
Human Services has ever asserted that he or she has
authority to grant waivers involving TANF work
requirements.
(B) Despite this fact, and without any prior Obama
Administration legislative proposal or consultation
with Congress, on July 12, 2012, the Department of
Health and Human Services unilaterally determined that
the Secretary could permit States to waive statutory
work requirements for welfare recipients.
(C) The Secretary should repeal the July 12, 2012
Information Memorandum and make it clear once again
that States do not have authority to seek, and the
Secretary does not have the authority to grant, waivers
of work requirements under the TANF program, consistent
with longstanding interpretation of TANF law.
SEC. 3. PROHIBITION ON TANF WAIVERS RELATING TO COMPLIANCE WITH THE
TANF WORK REQUIREMENTS.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Health and Human Services may not do the following:
(1) Finalize, implement, enforce, or otherwise take any
action to give effect to the Information Memorandum dated July
12, 2012 (Transmittal No. TANF-ACF-IM-2012-03), or to any
administrative action relating to the same subject matter set
forth in the Information Memorandum or that reflects the same
or similar policies as those set forth in the Information
Memorandum.
(2) Authorize, approve, renew, modify, or extend any
experimental, pilot, or demonstration project under section
1115 of the Social Security Act (42 U.S.C. 1315) that waives
compliance with a requirement of section 407 of such Act (42
U.S.C. 607) through a waiver of section 402 of such Act (42
U.S.C. 602) or that provides authority for an expenditure which
would not otherwise be an allowable use of funds under a State
program funded under part A of title IV of such Act (42 U.S.C.
601 et seq.) with respect to compliance with the work
requirements in section 407 of such Act to be regarded as an
allowable use of funds under that program for any period.
(b) Rescission of Waivers.--Any waiver relating to the subject
matter set forth in the Information Memorandum or described in
subsection (a)(2) that is granted before the date of the enactment of
this Act is hereby rescinded and shall be null and void. | Preserving Work Requirements for Welfare Programs Act of 2012 - Prohibits the Secretary of Health and Human Services (HHS) from finalizing, implementing, enforcing, or otherwise taking any action to give effect to the Information Memorandum dated July 12, 2012 (Transmittal No. TANF-ACF-IM-2012-03), or to any administrative action relating to the same subject matter or that reflects the same or similar policies.
Prohibits the Secretary also from authorizing, approving, modifying, or extending any experimental, pilot, or demonstration project under the Social Security Act (SSA) that: (1) waives compliance with mandatory work requirements of SSA title IV part A (Temporary Assistance for Needy Families) (TANF), or (2) authorizes an expenditure not otherwise allowable under a state TANF program with respect to compliance with such work requirements.
Rescinds and nullifies any waiver relating to the subject matter of the Information Memorandum granted before the enactment of this Act. | To prohibit waivers relating to compliance with the work requirements for the program of block grants to States for temporary assistance for needy families, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Global Corruption Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Armed Services of the House of
Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Corrupt actor.--The term ``corrupt actor'' means--
(A) any foreign person or entity that is a
government official or government entity responsible
for, or complicit in, an act of corruption; and
(B) any company, in which a person or entity
described in subparagraph (A) has a significant stake,
which is responsible for, or complicit in, an act of
corruption.
(3) Corruption.--The term ``corruption'' means the exercise
of public power for private gain, including by bribery,
nepotism, fraud, or embezzlement.
(4) Foreign assistance.--The term ``foreign assistance''
means assistance made available under--
(A) the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.);
(B) the Arms Export Control Act (22 U.S.C. 2751 et
seq.); or
(C) title 10, United States Code.
(5) Grand corruption.--The term ``grand corruption'' means
corruption committed at a high level of government that--
(A) distorts policies or the central functioning of
the country; and
(B) enables leaders to benefit at the expense of
the public good.
(6) Petty corruption.--The term ``petty corruption'' means
the abuse of entrusted power by low- or mid-level public
officials in their interactions with ordinary citizens.
SEC. 3. PUBLICATION OF TIERED RANKING LIST.
(a) In General.--The Secretary of State shall annually publish, on
a publicly accessible website, a tiered ranking of all foreign
countries.
(b) Tier 1 Countries.--A country shall be ranked as a tier 1
country in the ranking published under subsection (a) if the government
of such country is complying with the minimum standards set forth in
section 4.
(c) Tier 2 Countries.--A country shall be ranked as a tier 2
country in the ranking published under subsection (a) if the government
of such country is making efforts to comply with the minimum standards
set forth in section 4, but is not achieving the requisite level of
compliance to be ranked as a tier 1 country.
(d) Tier 3 Countries.--A country shall be ranked as a tier 3
country in the ranking published under subsection (a) if the government
of such country is making de minimis or no efforts to comply with the
minimum standards set forth in section 4.
SEC. 4. MINIMUM STANDARDS FOR THE ELIMINATION OF CORRUPTION AND
ASSESSMENT OF EFFORTS TO COMBAT CORRUPTION.
(a) In General.--The government of a country is complying with the
minimum standards for the elimination of corruption if the government--
(1) has enacted laws and established government structures,
policies, and practices that prohibit corruption, including
grand corruption and petty corruption;
(2) enforces the laws described in paragraph (1) by
punishing any person who is found, through a fair judicial
process, to have violated such laws;
(3) prescribes punishment for grand corruption that is
commensurate with the punishment prescribed for serious crimes;
(4) prescribes punishment for petty corruption that--
(A) provides a sufficiently stringent deterrent;
and
(B) adequately reflects the nature of the offense;
and
(5) is making serious and sustained efforts to eliminate
corruption.
(b) Factors for Assessing Government Efforts To Combat
Corruption.--In determining whether a government is making serious and
sustained efforts to eliminate corruption, the Secretary of State shall
consider--
(1) whether the government of the country vigorously
investigates and prosecutes acts of corruption and convicts and
sentences persons responsible for such acts that take place
wholly or partly within such country, including, as
appropriate, requiring incarceration of individuals convicted
of such acts;
(2) whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences public
officials who participate in or facilitate corruption,
including nationals of the country who are deployed in foreign
military assignments, trade delegations abroad, or other
similar missions, who engage in or facilitate severe forms of
corruption;
(3) whether the government of the country has adopted
measures to prevent corruption, such as measures to inform and
educate the public, including potential victims, about the
causes and consequences of corruption;
(4) what steps the government of the country has taken to
prohibit government officials from participating in,
facilitating, or condoning corruption, including the
investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as
appropriate, makes adequate resources available, to civil
society organizations and other institutions to combat
corruption, including reporting, investigating, and monitoring;
(6) whether an independent judiciary or judicial body in
the country responsible for, and effectively capable of,
deciding corruption cases impartially, on the basis of facts
and in accordance with the law, without any restrictions,
improper influences, inducements, pressures, threats, or
interferences (direct or indirect) from any quarter or for any
reason;
(7) whether the government of the country is assisting in
international investigations of transnational corruption
networks and in other cooperative efforts to combat grand
corruption, including cooperating with the governments of other
countries to extradite corrupt actors;
(8) whether the government of the country recognizes the
rights of victims of corruption, ensures their access to
justice, and takes steps to prevent victims from being further
victimized or persecuted by corrupt actors, government
officials, or others;
(9) whether the government of the country refrains from
prosecuting victims of corruption or whistleblowers due to such
persons having assisted in exposing corruption, and refrains
from other discriminatory treatment of such persons; and
(10) such other information relating to corruption as the
Secretary of State considers appropriate.
SEC. 5. TRANSPARENCY AND ACCOUNTABILITY.
(a) In General.--Not later than 60 days after publishing the report
required under section 3(a), and prior to obligation by any United
States agency of foreign assistance to the government of a country
ranked as a tier 3 country under section 3(d), the Secretary of State,
in coordination with the Administrator of the United States Agency for
International Development (referred to in this Act as the ``USAID
Administrator'') and the Secretary of Defense, as appropriate, shall--
(1) conduct a corruption risk assessment and create a
corruption mitigation strategy for all United States foreign
assistance programs to that country;
(2) require the inclusion of anti-corruption clauses for
all foreign assistance contracts, grants, and cooperative
agreements, which allow for the termination of the contract,
grant, or cooperative agreement without penalty if credible
indicators of corruption are discovered;
(3) require the inclusion of appropriate clawback clauses
for all foreign assistance contracts, grants, and cooperative
agreements to recover United States taxpayer funds that have
been misappropriated from the prime contractor, grantee, or
cooperative agreement participant through corruption;
(4) require the disclosure of the beneficial ownership of
all contractors, subcontractors, grantees, cooperative
agreement participants, and other organizations receiving
funding from the United States Government for foreign
assistance programs; and
(5) establish a mechanism for investigating allegations of
misappropriated foreign assistance funds or equipment.
(b) Exceptions and Waiver.--
(1) Exceptions.--Subsection (a) shall not apply to
humanitarian assistance, disaster assistance, or assistance to
combat corruption.
(2) Waiver.--The Secretary of State, on a program-by-
program basis, may waive the requirement to delay foreign
assistance under subsection (a) if the Secretary of State
certifies to the appropriate congressional committees that such
waiver is important to the national security interests of the
United States.
SEC. 6. RESOURCES AND REPORTING REQUIREMENTS.
(a) Annual Report.--
(1) In general.--The Secretary of State shall submit an
annual report to the appropriate congressional committees that
outlines the resources needed to meet the objectives and
reports under sections 3 through 5, including--
(A) intelligence data collection needs;
(B) personnel needs;
(C) information technology requirements; and
(D) a description of the bureaucratic structure of
the offices within the Department of State and the
United States Agency for International Development
(``USAID'') that are engaged in anti-corruption
activities.
(2) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Online Platform.--The Secretary of State and the USAID
Administrator shall consolidate existing reports with anti-corruption
components into one online, public platform, which shall--
(1) include--
(A) the Human Rights Report;
(B) the Fiscal Transparency Report;
(C) the Investment Climate Statement reports;
(D) the International Narcotics Control Strategy
Report; and
(E) any other relevant public reports; and
(2) link to third-party indicators used by the United
States Government to inform policy and programming, such as--
(A) the World Bank's Control of Corruption
Indicator;
(B) the World Bank's Actionable Governance Index
Data Portal;
(C) the International Finance Corporation's Doing
Business surveys;
(D) the International Budget Partnership's Open
Budget Index;
(E) the Global Integrity Index; and
(F) multilateral peer review anti-corruption
compliance mechanisms, such as the Organisation for
Economic Co-operation and Development's Working Group
on Bribery in International Business Transactions and
the United Nations Convention Against Corruption, done
at New York October 31, 2003, to further highlight
expert international views on country challenges and
country efforts.
(c) Training.--To increase the ability of Department of State and
USAID personnel to support anti-corruption as a foreign policy and
development priority, and strengthen their ability to design,
implement, and evaluate more effective anti-corruption programming
around the world, including enhancing skills to better evaluate and
mitigate corruption risks in assistance programs, the Secretary of
State and the USAID Administrator shall incorporate anti-corruption
components into existing Foreign Service and Civil Service training
courses. | Combating Global Corruption Act of 2017 This bill directs the the Department of State to annually publish on a publicly accessible website a three-tiered ranking based upon the extent of compliance by a foreign country's government with the minimum anti-corruption standards prescribed in this bill. The bill states that a government is complying with such standards if it: has enacted and judicially enforces laws, and has established structures and practices, that prohibit corruption; prescribes punishment for grand corruption that is commensurate with the punishment for serious crimes; prescribes punishment for petty corruption that provides a sufficient deterrent and reflects the nature of the offense; and is making sustained anti-corruption efforts. The State Department shall, prior to the obligation of any foreign assistance (except humanitarian, disaster, and anti-corruption assistance) to a tier 3 country: conduct a corruption risk assessment and create a corruption mitigation strategy for all foreign assistance programs to that country, require the inclusion of anti-corruption clauses for all foreign assistance contracts and grants, require the inclusion of clawback clauses for all foreign assistance contracts and grants to recover U.S. taxpayer funds that have been misappropriated through corruption, require disclosure of the beneficial ownership of all entities receiving foreign assistance funding, and establish a mechanism for investigating allegations of misappropriated foreign assistance funds or equipment. The State Department and the U.S. Agency for International Development shall: (1) consolidate existing reports with anti-corruption components into one online, public platform; and (2) incorporate anti-corruption components into existing Foreign Service and Civil Service training courses. | Combating Global Corruption Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Level Playing Field in Trade
Agreements Act of 2015''.
SEC. 2. INELIGIBILITY FOR EXPEDITED CONSIDERATION BY CONGRESS OF
CERTAIN TRADE AGREEMENTS.
(a) In General.--No trade agreement with a country or implementing
bill with respect to a trade agreement may receive expedited
consideration by Congress under any provision of law, including any
limitation on amendments or debate in either the Senate or the House of
Representatives (other than under rule XXII of the Standing Rules of
the Senate, as in effect on the date of the enactment of this Act)
unless the agreement--
(1) includes binding and enforceable requirements that all
producers of merchandise exported to the United States from
that country pay adequate wages and maintain sustainable
production methods; and
(2) provides that, for purposes of merchandise from that
country, the application of antidumping duty laws under
subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C.
1673 et seq.) shall be modified as provided under subsection
(b).
(b) Adjustment of Normal Value To Include the Cost of Paying
Adequate Wages and Maintaining Sustainable Production Methods.--
(1) In general.--Except as provided in paragraph (3), in
determining the price of covered merchandise under subsection
(a)(1)(B) of section 773 of the Tariff Act of 1930 (19 U.S.C.
1677b) for purposes of determining the normal value of the
covered merchandise under that section, the administering
authority shall increase the price by the difference, if any,
between--
(A) the actual cost of producing the covered
merchandise; and
(B) the estimated cost of producing the covered
merchandise if the producer paid its employees adequate
wages and maintained sustainable production methods.
(2) Demonstration of injury.--An interested party described
in subparagraph (C), (D), (E), (F), or (G) of section 771(9) of
the Tariff Act of 1930 (19 U.S.C. 1677(9)) that files a
petition under section 732(b)(1) of that Act (19 U.S.C.
1673a(b)(1)) with respect to covered merchandise that relies on
calculations of normal value made under this subsection shall
be presumed to demonstrate that the party is materially injured
or threatened with material injury by reason of imports of the
covered merchandise unless--
(A) the country from which the covered merchandise
is exported is covered by a precertification issued
under paragraph (3)(A)(ii); or
(B) the estimated cost of producing the covered
merchandise under paragraph (1)(B) is equal to or
greater than the cost of producing the merchandise in
the country in which the interested party is located.
(3) Precertification.--
(A) In general.--
(i) Exporter- or producer-specific
precertification.--If an exporter or producer
of covered merchandise demonstrates to the
satisfaction of the administering authority
that all such merchandise, including
significant components or ingredients of the
covered merchandise, was or will be produced
under conditions under which all employees
receive adequate wages or sustainable
production methods are maintained, the
administering authority shall issue to that
exporter or producer, upon request, a
precertification with respect to wages,
production methods, or both, that covers all
covered merchandise by that exporter or
producer.
(ii) Country precertification.--The
administering authority may issue a
precertification for all covered merchandise
imported from a country if the government of
that country maintains and enforces laws
requiring all producers of such merchandise in
that country to pay its employees adequate
wages and to maintain sustainable production
methods.
(B) Safe harbor.--
(i) In general.--If the administering
authority has issued a precertification under
subparagraph (A), covered merchandise to which
the precertification applies shall not be
subject to an antidumping duty solely because a
petition filed under section 732(b)(1) of the
Tariff Act of 1930 (19 U.S.C. 1673a(b)(1)) with
respect to the covered merchandise alleges that
the covered merchandise was not produced under
conditions under which all employees receive
adequate wages and sustainable production
methods are maintained.
(ii) Challenging precertification.--An
interested party described in subparagraph (C),
(D), (E), (F), or (G) of section 771(9) of the
Tariff Act of 1930 (19 U.S.C. 1677(9)) that
files a petition under section 732(b)(1) of
that Act (19 U.S.C. 1673a(b)(1)) with respect
to covered merchandise covered by a
precertification issued under subparagraph (A)
bears the burden of proving that the covered
merchandise was not produced under conditions
under which all employees receive adequate
wages, sustainable production methods are
maintained, or both, depending on the scope of
the precertification.
(C) Use of third-party standards.--
(i) In general.--The administering
authority, the Secretary of Labor, and the
Administrator of the Environmental Protection
Agency may jointly establish procedures
pursuant to which obtaining certification from
an organization described in clause (ii) may
demonstrate the eligibility of an exporter or
producer for a precertification under
subparagraph (A)(i) or the eligibility of a
country for a precertification under
subparagraph (A)(ii).
(ii) Organization described.--An
organization described in this clause is an
independent third-party organization that sets
standards with respect to adequate wages or
sustainable production methods.
(D) Guidance on compliance.--Not later than one
year after the date of the enactment of this Act, the
administering authority shall publish in the Federal
Register guidance with respect to how persons producing
covered merchandise for exportation to the United
States or seeking to import covered merchandise into
the United States may obtain a precertification under
subparagraph (A).
(c) Definitions.--In this section:
(1) Adequate wages.--The term ``adequate wages''--
(A) means compensation for a regular work week that
is sufficient to meet the basic needs of the employee
and any dependents of the employee, including providing
reasonable discretionary income; and
(B) includes, at a minimum--
(i) the payment of the higher of the
minimum wage or the appropriate prevailing
wage;
(ii) compliance with all legal requirements
relating to wages (including freedom of
association relating to the bargaining relating
to wages and related matters); and
(iii) the provision of such benefits as are
required by law or contract.
(2) Administering authority.--The term ``administering
authority'' has the meaning given that term in section 771(1)
of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
(3) Covered merchandise.--The term ``covered merchandise''
means merchandise imported into the United States from a
country described in subsection (a).
(4) Sustainable production methods.--The term ``sustainable
production methods''--
(A) means the application of technologies and
methods that are necessary to provide for workplace
safety, toxic waste control, control of discharge of
pollutants to air, water, and land, and the reasonable
conservation of energy and natural resources, taking
into account local standards and conditions; and
(B) includes, at a minimum, the use of technologies
and methods that would be required for similar
production facilities in the United States. | Level Playing Field in Trade Agreements Act of 2015 No trade agreement with a country, or implementing bill for one, may receive expedited consideration by Congress under any provision of law, including any limitation on amendments or debate in either the Senate (except under rule XXII of the Standing Rules) or the House of Representatives unless the agreement: includes binding and enforceable requirements that all producers of merchandise exported to the United States from that country pay adequate wages and maintain sustainable production methods; and provides that, for purposes of such merchandise, the application of antidumping duty laws under the Tariff Act of 1930 shall be modified according to this Act. The administering authority, in determining the normal price of covered merchandise and whether it is or is likely to be sold at less than fair value, must increase the price by the difference, if any, between the actual cost of producing the merchandise and the estimated cost of producing it if the producer paid its employees adequate wages and maintained sustainable production methods. Certain interested parties that petition for an antidumping proceeding with respect to covered merchandise relying on calculations of normal value under this Act shall be presumed to demonstrate that they are materially injured, or threatened with material injury, by reason of imports of the covered merchandise unless: the country from which the covered merchandise is exported is covered by a precertification, or the estimated cost of producing the covered merchandise is equal to or greater than the cost of producing it in the country in which the interested party is located. The administering authority shall issue a precertification with respect to wages, production methods, or both, for merchandise of a requesting exporter or producer that demonstrates to the administering authority's satisfaction that all such merchandise, including significant components or ingredients, was or will be produced under conditions under which all employees receive adequate wages or sustainable production methods are maintained. The administering authority shall also issue a precertification for all merchandise imported from a country if that country's government maintains and enforces laws requiring all producers of such merchandise in that country to pay its employees adequate wages and to maintain sustainable production methods. The administering authority, the Secretary of Labor, and the Administrator of the Environmental Protection Agency may jointly establish procedures pursuant to which obtaining certification from an independent third-party standards-setting organization may demonstrate eligibility for a precertification. | Level Playing Field in Trade Agreements Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Right to Know Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Veterans'
Right to Know Commission'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES.
(a) In General.--The duties of the Commission shall be--
(1) to investigate chemical or biological warfare tests or
projects, especially such projects carried out between 1954 and
1973, placing particular emphasis on actions or conditions
associated with such projects that could have contributed to
health risks or been harmful to any United States civilian
personnel or member of the United States Armed Forces who
participated in such a project or who was otherwise potentially
exposed to any biological or chemical agent, simulant, tracer,
decontaminant, or herbicide as a result of such projects; and
(2) to submit a report to Congress of its findings and
recommendations.
(b) Matters to Be Examined.--In carrying out this Act, the
Commission shall specifically examine--
(1) classified and unclassified data, test operation plans,
safety plans, test reports, test results, and any other
materials related to a chemical or biological warfare test or
project;
(2) the types and dosages of any biological or chemical
agent, including any simulant, tracer, decontaminant,
pharmaceutical, or herbicide, used during each chemical or
biological warfare test or project;
(3) information relating to the personal protection of
participants in each chemical or biological warfare test or
project, including respiratory equipment, clothing, citadel
systems, vaccinations, and safety and medical protocols;
(4) the list provided to the Department of Veterans Affairs
by the Department of Defense of names of individuals who
participated in each chemical or biological warfare test or
project, the method by which such names were provided, and any
other information relating to the number of individuals who
participated in such a project or who were otherwise
potentially exposed to any biological or chemical agent,
simulant, tracer, decontaminant, pharmaceutical, or herbicide
as a result of such a project;
(5) the date and location of any land, air, or sea test
conducted as part of any chemical or biological warfare test or
project and the dispersal area likely to have been affected by
the release of a chemical or biological agent, simulant,
tracer, decontaminant, pharmaceutical, or herbicide during the
tests; and
(6) any available data collected during health screenings
or cause of death determinations performed on any individual
who participated in a chemical or biological warfare test or
project to determine any possible health consequences of such
participation.
(c) Chemical or Biological Warfare Test or Project.--In this Act,
the term ``chemical or biological warfare test or project'' means any
project or program carried out by the Department of Defense, including
Project 112 and the Shipboard Hazard and Defense Project (Project
SHAD), as a part of which any biological or chemical agent, simulant,
tracer, decontaminant, pharmaceutical, or herbicide was tested or used.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 10
members as follows:
(1) 1 member appointed by the President, who shall serve as
chair of the Commission.
(2) 1 member appointed jointly by the minority leader of
the Senate and the minority leader of the House of
Representatives, who shall serve as vice chair of the
Commission.
(3) 2 members appointed by the majority leader of the
Senate.
(4) 2 members appointed by the Speaker of the House of
Representatives.
(5) 2 members appointed by the minority leader of the
Senate.
(6) 2 members appointed by the minority leader of the House
of Representatives.
(b) Qualifications.--
(1) In general.--Each individual appointed to the
Commission shall be a prominent United States citizen with
national recognition and significant experience in areas
related to the duties of the Commission.
(2) Veteran appointments.--
(A) Chair and vice chair.--The chair and vice chair
of the Commission shall be veterans (as that term is
defined in section 101 of title 38, United States
Code).
(B) Members.--2 members of the Commission shall be
veterans who participated in chemical or biological
warfare test or project and who have knowledge of the
tests conducted during such projects.
(3) Other appointments.--A member of the Commission shall
not be an officer of employee of the Federal Government, any
State government, or any unit of local government. This
paragraph shall not apply to appointments under paragraph (2).
(c) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Time for Appointment.--Each member of the Commission shall be
appointed before the expiration of the 45-day period which begins on
the date of the enactment of this Act.
(e) Basic Pay.--Members shall be compensated at a rate not to
exceed the daily equivalent of the annual rate of basic pay in effect
for a position at level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day during which that member
is engaged in the actual performance of the duties of the Commission.
(f) Travel Expenses.--Each member 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.
(g) Chair.--The chair shall serve as a full-time employee of the
United States.
(h) Quorum.--6 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(i) Meetings.--
(1) Initial meeting.--The Commission shall meet as soon as
practicable after the date of the enactment of this Act
(2) Subsequent meetings.--After the initial meeting, the
Commission shall meet at the call of the chair or a majority of
its members but no fewer than four times each year.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION.
(a) Director.--The chair, in accordance with rules agreed upon by
the Commission, may appoint and fix the compensation of a Director.
(b) Staff.--The chair, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of any additional
personnel as may be necessary to enable the Commission to carry out its
functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
any individual so appointed may not receive pay in excess of the annual
rate of basic pay for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates not to exceed the daily equivalent of the
maximum annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, without
reimbursement, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Public Meetings, Hearings, and Reports.--
(1) Nonapplicability of the federal advisory committee
act.--Section 10(a) of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(2) Public meetings and release of public versions of
reports.--The Commission shall--
(A) hold public hearings and meetings to the extent
appropriate; and
(B) release public versions of the reports
submitted under section 7.
(3) Public hearings.--A public hearing of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute, regulation,
or Executive order.
(c) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(d) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this Act, including rosters
of personnel who participated in any chemical or biological
warfare test or project. Upon request of the chair, the head of
that department or agency shall furnish that information to the
Commission.
(2) Participant information.--
(A) Before the expiration of the 45-day period
which begins on the date of the enactment of this Act,
the head of a department or agency of the United States
which is in possession of any participant information
described in subparagraph (B) shall furnish such
information to the Commission.
(B) The participant information referred to in
subparagraph (A) is the name, service number, social
security number, and birth date of each individual who
participated in a chemical or biological warfare test
or project and the date and location of any such
project in which the individual participated.
(e) Security Clearances.--
(1) Chair and vice chair.--The chair and vice chair of the
Commission shall hold, as a condition of appointment to or
employment with the Commission, appropriate security clearances
for access to the classified briefing, records, and materials
to be reviewed by the Commission or its staff and shall follow
the guidance and practices on security under applicable
Executive orders and agency directives.
(2) Certain staff.--Not fewer than one-third of the staff
of the Commission shall hold, as a condition of appointment to
or employment with the Commission, appropriate security
clearances for access to the classified briefing, records, and
materials to be reviewed by the Commission or its staff and
shall follow the guidance and practices on security under
applicable Executive orders and agency directives.
(3) Members and staff.--
(A) In general.--Subject to paragraph (2), the
appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously
providing to the Commission members and staff
appropriate security clearances to the extent possible
pursuant to existing procedures and requirements.
(B) Exception.--No person shall be provided with
access to classified information under this Act without
the appropriate required security clearance access.
(f) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from the sales of other property received as gifts, bequests,
or devises shall be deposited in the Treasury and shall be available
for disbursement upon the order of the Commission.
(g) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(h) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(i) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Issuance of subpoenas.--
(A) In general.--A subpoena may be issued under
this subsection only--
(i) by the agreement of the chair and vice
chair; or
(ii) by the affirmative vote of 4 members
of the Commission.
(B) Signature and service.--Subject to subparagraph
(A), a subpoena issued under this subsection may be
issued under the signature of the chair or any member
designated by a majority vote of the Commission and may
be served by any person designated by the chair or by
any person designated by a member designated by a
majority vote of the Commission.
(3) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may by punished by the court as civil
contempt.
(j) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for services if
entering into such contracts would enable the Commission to discharge
its duties.
SEC. 7. REPORTS.
(a) Interim Reports.--The Commission may submit to Congress, the
Committees on Armed Services and Veterans' Affairs of the Senate and
House of Representatives, the Congressional intelligence committees,
and the President, interim reports containing such findings,
conclusions, and recommendations for corrective measures as have been
agreed to by a majority of Commission members.
(b) Final Report.--The Commission shall transmit a final report to
Congress, the Committees on Armed Services and Veterans' Affairs of the
Senate and House of Representatives, the Congressional intelligence
committees, and the President, not later than 36 months from the date
of the initial meeting of the Commission. The final report shall
contain a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for any actions the
Commission considers appropriate.
(c) Form of Report.--Each report submitted under this section shall
be unclassified but may contain a classified annex.
(d) Recommendation to Make Public Certain Classified Information.--
(1) In general.--If the Commission determines that it is in
the public interest that some or all of the information
contained in a classified annex of a report under this section
be made available to the public, the Commission shall make a
recommendation to the Congressional intelligence committees to
make such information public, and the Congressional
intelligence committees shall consider the recommendation
pursuant to the procedures under paragraph (2).
(2) Procedure for declassifying information.--The
procedures referred to in paragraph (1) are the procedures
described--
(A) with respect to the Permanent Select Committee
on Intelligence of the House of Representatives, in
clause 11(g) of Rule x of the Rules of the House of
Representatives, One Hundred Eighth Congress; and
(B) with respect to the Select Committee on
Intelligence of the Senate, in section 8 of Senate
Resolution 400, Ninety-Fourth Congress.
(e) Congressional Intelligence Committees.--In this subsection, the
term ``Congressional intelligence committees'' means--
(1) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(2) the Select Committee on Intelligence of the Senate.
SEC. 8. TERMINATION.
(a) In General.--The Commission shall terminate upon the expiration
of the 60-day period which begins on the date the Commission submits
its final report under section 7(b).
(b) Administrative Activities.--The Commission may use the 60-day
period described in subsection (a) to conclude its activities, which
may include providing testimony to committees of Congress concerning
its findings, conclusions, and recommendations.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $5,000,000 to carry out this
Act, which shall remain available until the termination of the
Commission. | Veterans' Right to Know Act - Establishes the Veterans' Right to Know Commission to: (1) investigate chemical or biological warfare tests or projects, especially those carried out between 1954 and 1973, placing particular emphasis on actions or conditions that could have contributed to health risks to any civilian or military personnel who participated in such a test or project or were otherwise potentially exposed to a biological or chemical agent as a result; and (2) report to Congress on its findings and recommendations. | To establish the Veterans' Right to Know Commission. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virginia Access to Energy Act'' or
the ``VA Energy Act''.
SEC. 2. REQUIREMENT TO CONDUCT PROPOSED OIL AND GAS LEASE SALE 220 ON
THE OCS OFF VIRGINIA.
(a) In General.--The Secretary of the Interior shall conduct
offshore oil and gas Lease Sale 220 under section 8 of the Outer
Continental Shelf Lands Act (33 U.S.C. 1337) by as soon as practicable,
but not later than one year, after the date the Secretary receives a
petition from the Governor requesting that the lease sale be conducted.
(b) Prohibition on Leasing Within 50 Miles of the Coastal Zone.--
The Secretary shall not issue any lease under this Act for any tract
located within 50 miles of the coastal zone of the State unless
requested by the Governor.
(c) Prohibition on Conflicts With Military Operations.--The
Secretary shall not make any tract available for leasing under this
section if the Secretary of Defense determines that drilling activity
on that tract would conflict with any military operation.
SEC. 3. DISPOSITION OF REVENUES.
(a) Allocation, Generally.--Of the qualified revenues received by
the United States each fiscal year--
(1) 50 percent shall be used for non-Federal purposes as
provided in subsection (b); and
(2) 50 percent shall be used for Federal purposes as
provided in subsection (c).
(b) Use for Non-Federal Purposes.--
(1) In general.--Of the qualified revenues referred to in
subsection (a)(1)--
(A) 75 shall be paid to the State, without further
appropriation;
(B) 12.5 percent--
(i) shall be used, without further
appropriation, to provide financial assistance
to the State in accordance with section 6 of
the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-8); and
(ii) shall be considered income to the Land
and Water Conservation Fund for purposes of
section 2 of that Act (16 U.S.C. 460l-5); and
(C) 12.5 percent shall be deposited in a separate
account in the Treasury that shall be used, without
further appropriation, by the Secretary of the
Interior, in consultation with the Governor, to
mitigate for any environmental damage that occurs as a
result of extraction activities authorized under oil
and gas leases issued under this Act, regardless of
whether the damage is--
(i) reasonably foreseeable; or
(ii) caused by negligence or a natural
disaster.
(2) Use of payments to state.--Amounts paid to the State
under paragraph (1)(A) shall be used by the State for one or
more of the following:
(A) Education.
(B) Transportation.
(C) Reducing taxes.
(D) Coastal and environmental restoration.
(E) Energy infrastructure and projects.
(F) State seismic monitoring programs.
(G) Alternative energy development.
(H) Energy efficiency and conservation.
(I) Hurricane and natural disaster insurance
programs.
(c) Use for Federal Purposes.--Of the qualified revenues referred
to in subsection (a)(2)--
(1) 50 percent shall be applied solely to reduce the
outstanding Federal debt; and
(2) 50 percent shall be deposited into the Alterative
Energy Trust Fund established by section 4.
SEC. 4. ALTERNATIVE ENERGY TRUST FUND.
(a) Establishment.--There is established in the Treasury a separate
account that shall be known as the Alternative Energy Trust Fund.
(b) Contents.--The account shall consist of amounts deposited into
it under section 3(c)(2).
(c) Use.--Amounts in the account may be used, without further
appropriation, by the Secretary of Energy for making grants for the
following:
(1) Coal and related technologies program.
(2) To improve the commercial value of forest biomass for
electric energy, useful heat, transportation fuels, and other
commercial purposes.
(3) Solar and wind technologies.
(4) Renewable energy.
(5) Methane hydrate research.
(6) Nuclear power loan guarantees.
(7) Smart grid technology research, development, and
demonstration.
SEC. 5. DEFINITIONS.
In this Act:
(1) Coastal zone.--The term ``coastal zone'' has the
meaning that term has in the Outer Continental Shelf Lands Act
(43 U.S.C. 1301 et seq.).
(2) Governor.--The term ``Governor'' means the Governor of
the State.
(3) Lease sale 220.--The term ``Lease Sale 220'' means
proposed OCS Oil and Gas Lease Sale 220 in the Mid-Atlantic OCS
Planning Area in the area offshore the State, as included in
the OCS Oil and Gas Leasing Program, 2007-2012.
(4) Qualified revenues.--The term ``qualified revenues''
means all rentals, royalties, bonus bids, and other sums due
and payable to the United States under leases issued under this
Act.
(5) State.--The term ``State'' means the State of Virginia. | Virginia Access to Energy Act or the VA Energy Act - Directs the Secretary of the Interior to conduct offshore oil and gas Lease Sale 220 on the Outer Continental Shelf (OCS) by as soon as practicable, but not later than one year, after the date the Secretary receives a petition from the governor requesting that the lease sale be conducted.
Provides for the disposition of revenues received from such lease sale for both federal and non-federal purposes, including payments to the state of Virginia.
Establishes in the Treasury the Alternative Energy Trust Fund, consisting of a portion of such revenues, which may be used for making grants for a coal and related technologies program, solar and wind technologies, and nuclear power loan guarantees, among other things. | To require the Secretary of the Interior to conduct proposed oil and gas Lease Sale 220 for areas of the outer Continental Shelf at least 50 miles beyond the coastal zone of Virginia, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Newborn Screening Saves Lives Act of
2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Currently, it is possible to test for at least 30
disorders through newborn screening.
(2) There is a lack of uniform newborn screening throughout
the United States. While a newborn with a debilitating
condition may receive screening, early detection, and treatment
in one location, in another location the condition may go
undetected and result in catastrophic consequences.
(3) Each year more than 4,000,000 babies are screened to
detect conditions that may threaten their long-term health.
(4) There are more than 2,000 babies born every year in the
United States with detectable and treatable disorders that go
unscreened through newborn screening.
SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
Part Q of title III of the Public Health Service Act (42 U.S.C.
280h et seq.) is amended by adding at the end the following:
``SEC. 399AA. NEWBORN SCREENING.
``(a) Authorization of Grant Programs.--
``(1) Grants to assist health care professionals.--From
funds appropriated under subsection (h), the Secretary, acting
through the Associate Administrator of the Maternal and Child
Health Bureau of the Health Resources and Services
Administration (referred to in this section as the `Associate
Administrator') and in consultation with the Advisory Committee
on Heritable Disorders in Newborns and Children (referred to in
this section as the `Advisory Committee'), shall award grants
to eligible entities to enable such entities to assist in
providing health care professionals and State health department
laboratory personnel with--
``(A) education in newborn screening; and
``(B) training in--
``(i) relevant and new technologies in
newborn screening; and
``(ii) congenital, genetic, and metabolic
disorders.
``(2) Grants to assist families.--From funds appropriated
under subsection (h), the Secretary, acting through the
Associate Administrator and in consultation with the Advisory
Committee, shall award grants to eligible entities to enable
such entities to develop and deliver educational programs about
newborn screening to parents, families, and patient advocacy
and support groups.
``(3) Grants for newborn screening followup.--From funds
appropriated under subsection (h), the Secretary, acting
through the Associate Administrator and in consultation with
the Advisory Committee, shall award grants to eligible entities
to enable such entities to establish, maintain, and operate a
system to assess and coordinate treatment relating to
congenital, genetic, and metabolic disorders.
``(b) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require.
``(c) Selection of Grant Recipients.--
``(1) In general.--Not later than 120 days after receiving
an application under subsection (b), the Secretary, after
considering the approval factors under paragraph (2), shall
determine whether to award the eligible entity a grant under
this section.
``(2) Approval factors.--
``(A) Requirements for approval.--An application
submitted under subsection (b) may not be approved by
the Secretary unless the application contains
assurances that the eligible entity--
``(i) will use grant funds only for the
purposes specified in the approved application
and in accordance with the requirements of this
section; and
``(ii) will establish such fiscal control
and fund accounting procedures as may be
necessary to assure proper disbursement and
accounting of Federal funds paid to the
eligible entity under the grant.
``(B) Existing programs.--Prior to awarding a grant
under this section, the Secretary shall--
``(i) conduct an assessment of existing
educational resources and training programs and
coordinated systems of followup care with
respect to newborn screening; and
``(ii) take all necessary steps to minimize
the duplication of the resources and programs
described in clause (i).
``(d) Coordination.--The Secretary shall take all necessary steps
to coordinate programs funded with grants received under this section.
``(e) Use of Grant Funds.--
``(1) Grants to assist health care professionals.--An
eligible entity that receives a grant under subsection (a)(1)
may use the grant funds to work with appropriate medical
schools, nursing schools, schools of public health, internal
education programs in State agencies, nongovernmental
organizations, and professional organizations and societies to
develop and deliver education and training programs that
include--
``(A) continuing medical education programs for
health care professionals and State health department
laboratory personnel in newborn screening;
``(B) education, technical assistance, and training
on new discoveries in newborn screening and the use of
any related technology;
``(C) models to evaluate what a newborn should be
screened for and when and where that screening should
take place;
``(D) models to evaluate the prevalence of, and
assess and communicate the risks of, newborn disorders,
including the prevalence and risk of certain newborn
disorders based on family history;
``(E) models to communicate effectively with
parents and families about--
``(i) the process and benefits of newborn
screening;
``(ii) how to use information gathered from
newborn screening;
``(iii) the meaning of screening results,
including the rate of false positives;
``(iv) the right of refusal of newborn
screening; and
``(v) the potential need for followup care
after newborns are screened;
``(F) information and resources on coordinated
systems of followup care after newborns are screened;
``(G) information on the disorders for which States
require and offer newborn screening and options for
newborn screening relating to conditions in addition to
such disorders;
``(H) information on supplemental newborn screening
that the States do not require and offer but that
parents may want; and
``(I) other items to carry out the purpose
described in subsection (a)(1) as determined
appropriate by the Secretary.
``(2) Grants to assist families.--An eligible entity that
receives a grant under subsection (a)(2) may use the grant
funds to develop and deliver to parents, families, and patient
advocacy and support groups, educational programs about newborn
screening that include information on--
``(A) what is newborn screening;
``(B) how newborn screening is performed;
``(C) who performs newborn screening;
``(D) where newborn screening is performed;
``(E) the disorders for which the State requires
newborns to be screened;
``(F) different options for newborn screening for
disorders other than those included by the State in the
mandated newborn screening program;
``(G) the meaning of various screening results
including the rate of false positives;
``(H) the prevalence and risk of newborn disorders,
including the increased risk of disorders that may stem
from family history;
``(I) coordinated systems of followup care after
newborns are screened; and
``(J) other items to carry out the purpose
described in subsection (a)(2) as determined
appropriate by the Secretary.
``(3) Grants for quality newborn screening followup.--An
eligible entity that receives a grant under subsection (a)(3)
shall use the grant funds to--
``(A) expand on existing procedures and systems,
where appropriate and available, for the timely
reporting of newborn screening results to individuals,
families, primary care physicians, and subspecialists
in congenital, genetic, and metabolic disorders;
``(B) coordinate ongoing followup treatment with
individuals, families, primary care physicians, and
subspecialists in congenital, genetic, and metabolic
disorders after a newborn receives an indication of the
presence of a disorder on a screening test;
``(C) ensure the seamless integration of
confirmatory testing, tertiary care medical services,
comprehensive genetic services including genetic
counseling, and information about access to developing
therapies by participation in approved clinical trials
involving the primary health care of the infant;
``(D) analyze data, if appropriate and available,
collected from newborn screenings to identify
populations at risk for disorders affecting newborns,
examine and respond to health concerns, recognize and
address relevant environmental, behavioral,
socioeconomic, demographic, and other relevant risk
factors; and
``(E) carry out such other activities as the
Secretary may determine necessary.
``(f) Reports to Congress.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall submit to the appropriate committees of Congress
reports--
``(A) evaluating the effectiveness and the impact
of the grants awarded under this section--
``(i) in promoting newborn screening--
``(I) education and resources for
families; and
``(II) education, resources, and
training for health care professionals;
``(ii) on the successful diagnosis and
treatment of congenital, genetic, and metabolic
disorders; and
``(iii) on the continued development of
coordinated systems of followup care after
newborns are screened;
``(B) describing and evaluating the effectiveness
of the activities carried out with grant funds received
under this section; and
``(C) that include recommendations for Federal
actions to support--
``(i) education and training in newborn
screening; and
``(ii) followup care after newborns are
screened.
``(2) Timing of reports.--The Secretary shall submit--
``(A) an interim report that includes the
information described in paragraph (1), not later than
30 months after the date on which the first grant funds
are awarded under this section; and
``(B) a subsequent report that includes the
information described in paragraph (1), not later than
60 months after the date on which the first grant funds
are awarded under this section.
``(g) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a State or a political subdivision of a State;
``(2) a consortium of 2 or more States or political
subdivisions of States;
``(3) a territory;
``(4) an Indian tribe or a hospital or outpatient health
care facility of the Indian Health Service; or
``(5) a nongovernmental organization with appropriate
expertise in newborn screening, as determined by the Secretary.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $15,000,000 for fiscal year 2005; and
``(2) such sums as may be necessary for each of fiscal
years 2006 through 2009.''. | Newborn Screening Saves Lives Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration, to awards grants to eligible entities to: (1) provide education and training in newborn screening and congenital, genetic, and metabolic disorders to health care professionals and State health department laboratory personnel; (2) develop educational programs about newborn screening for parents, families, and parents advocacy and support groups; and (3) establish, maintain, and operate a system to assess and coordinate treatment relating to congenital, genetic, and metabolic disorders. | To amend the Public Health Service Act to establish grant programs to provide for education and outreach on newborn screening and coordinated followup care once newborn screening has been conducted, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Peter J. McGuire Labor Day
Landmark Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Peter J. McGuire joined the Cabinet Makers Union of New
York in 1872 and, recognizing the need for one international
union of wood workers, called for and led a convention of
carpenters and joiners in Chicago in 1881 that formed the
Brotherhood of Carpenters and Joiners which became the United
Brotherhood of Carpenters and Joiners of America in 1888.
(2) The Brotherhood of Carpenters and Joiners elected
McGuire its first general secretary and retained him in that
position for twenty years.
(3) McGuire was a leader in convincing skeptical, locally
minded union activists around the United States that a national
labor federation was not only necessary, but also possible.
(4) McGuire co-founded with Samuel Gompers the Federation
of Organized Trades and Labor Unions and, in 1886, reorganized
it into the American Federation of Labor.
(5) McGuire served variously as the American Federation of
Labor secretary and vice president between 1886 and 1900.
(6) McGuire successfully led the fight for the eight-hour
day in 1890.
(7) In 1882, McGuire proposed that ``one day in the year be
designated as Labor Day'', a proposal that was adopted first by
a number of States and then as the first Monday in September by
an Act of Congress in 1894.
(8) Upon McGuire's death in 1906, the United Brotherhood of
Carpenters and Joiners commissioned from M.C. Lyons and Sons,
Camden, and had installed a massive granite multistage
headstone on McGuire's gravesite in the Arlington Cemetery at
1629 Cove Road, Pennsauken, New Jersey, inscribed with ``P.J.
MCGUIRE, BORN JULY 6, 1852 DIED FEB. 18, 1906'' and ``FOUNDER
OF U.B. OF C. & J. OF A.''.
(9) Beginning in 1906, each year labor leaders, political
leaders, families, and working people gather at McGuire's
gravesite on Labor Day to lay wreaths and deliver speeches in
tribute to McGuire and his great work.
(10) As the anniversary of McGuire's centennial birthday
approached, the organizations he had helped to found decided to
install a new memorial a short distance from McGuire's
gravesite, consisting of a central statue of McGuire embraced
by a semi-circular colonnade of marble columns.
(11) The Peter J. McGuire Memorial, completed in 1952,
includes--
(A) an outdoor sculpture of McGuire, made of
Cherokee Georgia marble, that shows him standing with
his left arm against his chest and right arm, elbow
bent, at his waist, and dressed in a frock or mourning
coat;
(B) an inscription carved on front of the base of
such sculpture that reads ``PETER J. MCGUIRE/JULY 6,
1852/FEBRUARY 18, 1906'';
(C) a free-standing curvilinear colonnade of six
Greek Doric columns, also made of Cherokee Georgia
marble;
(D) an inscription on entablature frieze of the
colonnade that reads ``IN MEMORY OF PETER J. MCGUIRE
FOUNDER OF UBC AND FATHER OF LABOR DAY''; and
(E) an inscription on the base of the colonnade
that reads ``ERECTED BY UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA 1952''.
(12) Several thousand people, many of them ordinary union
members, attended the Peter J. McGuire Memorial dedication
ceremony on Aug. 9, 1952, which featured as speakers--
(A) the president of the New Jersey Federation of
Labor;
(B) the mayors of Camden and Pennsauken;
(C) General President Hutcheson of the United
Brotherhood of Carpenters and Joiners;
(D) the president of the American Federation of
Labor, William Green;
(E) the secretary and treasurer of the American
Federation of Labor, George Meany, who later attained
national significance himself; and
(F) the United States Secretary of Labor, Maurice
Tobin.
(13) In 1956, when a new postage stamp dedicated to
American labor was issued on Labor Day, President Dwight
Eisenhower held a special ceremony at the White House in which
he met with the family and descendants of McGuire.
(14) In 2004, McGuire was admitted to the Labor Hall of
Fame of the United States Department of Labor, which has since
been renamed the Hall of Honor.
(15) The New Jersey Historic Preservation Office has
documented McGuire as a figure of transcendent national
significance and importance in the labor history of the United
States.
(16) The landscape characteristics, physical features,
overall layout, and visual appearance of the Peter J. McGuire
Memorial and Peter J. McGuire Gravesite reflect a high degree
of overall integrity in terms of location, design, setting,
materials, and workmanship.
(17) The sculptural representations of labor and union
themes associated with McGuire's career as an effective labor
leader and organizer that embellish the Peter J. McGuire
Memorial and Peter J. McGuire Gravesite are intact and well-
preserved.
(18) National political and labor leaders have made annual
pilgrimages to McGuire's gravesite since 1906 and to the Peter
J. McGuire Memorial and Peter J. McGuire Gravesite every
September on Labor Day or the Friday before Labor Day since
1952.
(19) Unlike other known properties related to McGuire, the
Peter J. McGuire Memorial and Peter J. McGuire Gravesite are
the only properties that retain both the necessary direct
association with McGuire as a person of national stature and
the high level of integrity required for listing on the New
Jersey Register of Historic Places and National Register of
Historic Places.
(20) The Peter J. McGuire Memorial and Peter J. McGuire
Gravesite satisfy the criteria for graves of historical figures
and properties that have achieved significance within the past
50 years under the following criteria consideration categories
of the National Register of Historic Places--
(A) category (c), ``a grave of a historical figure
of outstanding importance as there is no appropriate
site or building associated with McGuire's productive
life''; and
(B) category (f), ``a property primarily
commemorative in intent if design, age, tradition, or
symbolic value has invested it with its own exceptional
significance''.
(21) In August 2017, the New Jersey State Historic
Preservation Office certified that the Peter J. McGuire
Memorial and Peter J. McGuire Gravesite are eligible for
listing on the New Jersey Register of Historic Places and
National Register of Historic Places.
SEC. 3. DESIGNATION OF PETER J. MCGUIRE MEMORIAL NATIONAL HISTORIC
LANDMARK.
(a) Designation.--The Peter J. McGuire Memorial and Peter J.
McGuire Gravesite, located in Pennsauken, New Jersey, are hereby
designated as the Peter J. McGuire Memorial National Historic Landmark.
(b) Administration.--The United States shall not be responsible for
the maintenance, operation, or administration of the Peter J. McGuire
Memorial National Historic Landmark.
(c) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with appropriate public or private entities for
providing educational and interpretive facilities and programs for the
public regarding the Peter J. McGuire Memorial National Historic
Landmark.
(d) Technical and Financial Assistance.--The Secretary may provide
technical and financial assistance to any entity with which the
Secretary has entered into a cooperative agreement under subsection
(c).
(e) No Effect on Actions of Property Owners.--Designation of the
Peter J. McGuire Memorial National Historic Landmark shall not prohibit
any actions which may otherwise be taken by any property owners,
including the owners of the Peter J. McGuire Memorial National Historic
Landmark, with respect to their property. | Peter J. McGuire Labor Day Landmark Act This bill designates the Peter J. McGuire Memorial and Peter J. McGuire gravesite in Pennsauken, New Jersey, as the "Peter J. McGuire Memorial National Historic Landmark." The Department of the Interior may enter into cooperative agreements to provide to the public educational and interpretive facilities and programs concerning the landmark. | The Peter J. McGuire Labor Day Landmark Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mine Subsidence Right To Know Act''.
SEC. 2. PROTECTION OF HOMEBUYERS.
(a) Notice Requirement.--In the case of any federally related
mortgage loan (made after the expiration of the period under section
4(a)) for the purchase of a dwelling located in a mine subsidence
hazard State, the person making the loan shall provide the borrower
notice in accordance with subsection (b) or (c). Such notice shall be
provided orally and in writing, at or before the time of the signing of
the purchase agreement for the property for which the federally related
mortgage loan is made, and shall be evidenced by a statement signed by
the borrower that such oral and written notice has been provided to the
borrower.
(b) Notice of Potential for Hazards.--Notice in accordance with
this subsection is notice--
(1) that the dwelling is located in a mine subsidence
hazard State and, therefore, may be subject to damage from mine
subsidence;
(2) that the borrower can obtain a determination of whether
the dwelling is located in a mine subsidence hazard area from
the Office and how to obtain such a determination; and
(3) that insurance coverage may be purchased to insure the
borrower against loss caused by mine subsidence and where the
borrower may obtain information regarding purchasing such
insurance.
(c) Notice of Determination of Hazards.--Notice in accordance with
this subsection is notice--
(1) that the dwelling is located in a mine subsidence
hazard State and, therefore, may be subject to damage from mine
subsidence;
(2) of the results of a determination by the Office
regarding whether the dwelling is located in a mine subsidence
hazard area, which shall be made by the Office upon the request
of the person making the loan;
(3) that such determination was made by the Office upon the
request of the person making the loan; and
(4) that insurance coverage may be purchased to insure the
borrower against loss caused by mine subsidence and where the
borrower may obtain information regarding purchasing such
insurance.
Any person who makes a federally related mortgage loan and provides
notice in accordance with this subsection shall not be civilly or
criminally liable under any provision of law for any damages resulting
from any mine subsidence affecting the dwelling for which the loan was
made.
(d) Enforcement.--If a person making a federally related mortgage
loan fails to provide notice required under this section, the Federal
banking or financial regulatory agency having supervisory or regulatory
authority with respect to such person may, to require compliance with
this section, take such actions as are authorized by the laws and
regulations providing such supervisory or regulatory authority.
SEC. 3. PROTECTION OF HOMEOWNERS.
(a) Notice.--In the case of the purchase or renewal (occurring
after the expiration of the period under section 4(a)) of any
homeowner's insurance policy for any dwelling located in a mine
subsidence hazard State, the insurer under such policy shall, before
such purchase or renewal, notify the individual making the purchase or
renewal--
(1) of the coverage of such policy of damage from mine
subsidence;
(2) if such policy does not cover mine subsidence, of where
such individual may purchase insurance which does cover losses
caused by mine subsidence; and
(3) that the individual can obtain a determination of
whether the insured property is located in a mine subsidence
hazard area from the Office and how to obtain such a
determination.
(b) Penalty.--If an insurer fails to provide the notice required
under subsection (a), the State insurance agency for the State in which
the dwelling involved is located may, under this subsection, impose on
the insurer such penalties as the State insurance agency may impose on
insurers who fail to comply with requirements applicable in such State
to the offering of insurance.
SEC. 4. IDENTIFICATION OF MINE SUBSIDENCE HAZARD AREAS.
(a) Identification.--Not later than the expiration of the 12-month
period beginning on the date of the enactment of this Act, the Director
of the Office of Surface Mining Reclamation and Enforcement of the
Department of the Interior shall--
(1) identify all areas in each State that, because of
underground coal or clay mining, are subject to significant and
identifiable risk of mine subsidence, based upon the most
recent information available to the Director regarding such
hazards (which shall include any information of the United
States Geological Survey);
(2) certify such areas as mine subsidence hazard areas; and
(3) cause to be published in the Federal Register
information identifying each mine subsidence hazard area.
(b) Review.--
(1) In general.--At the times required under paragraph (2),
the Director shall review the areas that at such time are
certified as mine subsidence hazard areas and determine, based
on the most recent information available to the Director
regarding mine subsidence hazards (which shall include any
information of the United States Geological Survey of the
Department of the Interior), whether the current certification
of areas requires revision. The Director shall revise the
certifications under subsection (a) as necessary pursuant to
each such review and shall cause to be published in the Federal
Register information identifying any changes to such
certifications.
(2) Timing.--The Director shall undertake review and
revision under paragraph (1)--
(A) with respect to all States, not less than once
during every 2-year period (the first such period
beginning upon the expiration of the period under
subsection (a)); and
(B) with respect only to the area for which a
request under this subparagraph is made, upon the
request from any State or unit of general local
government stating that specific mine subsidence
hazards resulting from underground coal or clay mining
in such State or unit require such revision, but only
if the Director determines that the most recent
technical information available to the Director
justifies the request.
SEC. 5. DEFINITIONS.
(1) Director.--The term ``Director'' means the Director of
the Office.
(2) Federally related mortgage loan.--The term ``federally
related mortgage loan'' has the meaning given the term in
section 3 of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2604).
(3) Homeowners insurance.--The term ``homeowners
insurance'' means the homeowners insurance and dwelling fire
and allied lines of business of property and casualty
insurance. Such term does not include any renters coverage or
coverage for the personal property of a condominium owner.
(4) Mine subsidence hazard area.--The term ``mine
subsidence hazard area'' means any area for which a
certification under section 4 by the Director is in effect.
(5) Mine subsidence hazard state.--The term ``mine
subsidence hazard State'' means a State that contains any
portion of any mine subsidence hazard area.
(6) Office.--The term ``Office'' means the Office of
Surface Mining Reclamation and Enforcement of the Department of
the Interior.
(7) Property and casualty insurance.--The term ``property
and casualty insurance'' means insurance against loss of or
damage to property, insurance against loss of income or extra
expense incurred because of loss of or damage to property, and
insurance against third party liability claims caused by
negligence or imposed by statue or contract. Such term does not
include workers' compensation, professional liability, or title
insurance.
(8) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States. | Mine Subsidence Right To Know Act - Requires the lender of any federally related mortgage loan for the purchase of a dwelling located in a mine subsidence hazard State to provide written and oral notice to the borrower contemporaneous with the purchase agreement of: (1) the potential or actual hazards facing the property as a result of its location; (2) the availability or results of Federal determination of potential or actual hazard in the property area; and (3) the availability of insurance protection.
Requires the insurer of a homeowner's insurance policy to timely notify the policyholder of the absence or availability of coverage for mine subsidence damage.
Requires the Director of the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior to: (1) identify, certify, and subsequently publish in the Federal Register all areas in each State that are subject to mine subsidence hazard risk; and (2) periodically review such areas. | Mine Subsidence Right To Know Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Treatment of Investors
Act''.
SEC. 2. SECURITIES INVESTOR PROTECTION ACT OF 1970 AMENDMENTS.
(a) Net Equity Based on Last Statement.--Section 16(11) of the
Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(11)) is
amended to read as follows:
``(11) Net equity.--
``(A) In general.--The term `net equity' means the
dollar amount of the account or accounts of a customer,
to be determined by--
``(i) calculating the sum which would have
been owed by the debtor to such customer if the
debtor had liquidated, by sale or purchase on
the filing date--
``(I) all securities positions of
such customer (other than customer name
securities reclaimed by such customer);
and
``(II) all positions in futures
contracts and options on futures
contracts held in a portfolio margining
account carried as a securities account
pursuant to a portfolio margining
program approved by the Commission,
including all property collateralizing
such positions, to the extent that such
property is not otherwise included
herein; minus
``(ii) any indebtedness of such customer to
the debtor on the filing date; plus
``(iii) any payment by such customer of
such indebtedness to the debtor which is made
with the approval of the trustee and within
such period as the trustee may determine (but
in no event more than sixty days after the
publication of notice under section 8(a)).
``(B) Treatment of certain commodity futures
contracts.--A claim for a commodity futures contract
received, acquired, or held in a portfolio margining
account pursuant to a portfolio margining program
approved by the Commission or a claim for a security
futures contract, shall be deemed to be a claim with
respect to such contract as of the filing date, and
such claim shall be treated as a claim for cash.
``(C) Treatment of accounts held by a customer in
separate capacities.--In determining net equity under
this paragraph, accounts held by a customer in separate
capacities shall be deemed to be accounts of separate
customers.
``(D) Reliance on final customer statement.--
``(i) In general.--In determining net
equity under this paragraph, the positions,
options, and contracts of a customer reported
to the customer as held by the debtor, and any
indebtedness of the customer to the debtor,
shall be determined based on--
``(I) the information contained in
the last statement issued by the debtor
to the customer before the filing date;
and
``(II) any additional written
confirmations of the customer's
positions, options, contracts, or
indebtedness received after such last
statement but before the filing date.
``(ii) Exception when debtor's recorders
indicate higher value.--Notwithstanding clause
(i), if the books and records of the debtor
indicate that the net value of a customer's
positions, options, and contracts reported to
the customer as held by the debtor, and any
indebtedness of the customer to the debtor, is
greater than the net value of the customer as
calculated under clause (i) using the
customer's last statement, then the
determination of the net equity of the customer
under this paragraph shall be done using the
books and records of the debtor instead of the
customer's last statement.
``(iii) Fraud exception.--The provisions of
this subparagraph shall not apply to any
customer that--
``(I) knew the debtor was involved
in fraudulent activity with respect to
any customer of the debtor which
reasonably indicated a fraud adversely
affecting a substantial number of
customers; or
``(II) was a person that--
``(aa) was, or was required
to be, registered--
``(AA) as a broker
or dealer under the
Securities Exchange Act
of 1934; or
``(BB) as an
investment adviser
under the Investment
Advisers Act of 1940,
or that would have been
required to register as
an investment adviser
under the Investment
Advisers Act of 1940
but for section 203(m)
of such Act;
``(bb) knew, or, due to the
activities of such person
causing such person to be
described under item (aa),
should have known, that the
debtor was involved in
fraudulent activity with
respect to any customer of the
debtor; and
``(cc) did not notify SIPC,
the Commission, or law
enforcement personnel that the
debtor was involved in such
fraudulent activity.''.
(b) Allocation of Customer Property to Customers.--Section 8(c) of
the Securities Investor Protection Act of 1970 (15 U.S.C. 78fff-2(c))
is amended--
(1) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) second, to customers of such debtor, as
described under paragraph (4);''; and
(2) by adding at the end the following:
``(4) Allocation of customer property to customers.--
``(A) In general.--Allocations of customer property
to customers under paragraph (1)(B) shall be made such
that customers share in customer property based on a
methodology--
``(i) based on the net equity of a
customer, as determined using the last
statement issued by the debtor to the customer
before the filing date;
``(ii) determined by the trustee, in
consultation with the Commission; and
``(iii) approved by the court.
``(B) Alternate methodology.--If the trustee
determines that allocating customer property in
accordance with subparagraph (A) would be unfair and
inequitable to a substantial segment of customers and
would not fully serve the remedial purposes of this
Act, allocations of customer property to customers
under paragraph (1)(B) shall be made such that
customers share in customer property based on a fair
and reasonable methodology, with special consideration
for the typical, non-professional investor, that--
``(i) if the trustee determines that it is
necessary in order to reach a fair and
reasonable result, is determined without regard
to section 16(11)(D);
``(ii) is determined by the trustee, in
consultation with the Commission; and
``(iii) is approved by the court.
``(C) Public notice and comment.--Before approving
a proposed methodology under subparagraph (A)(ii) or
subparagraph (B)(ii), the court shall--
``(i) notify customers and other interested
parties that the court is considering the
proposed methodology; and
``(ii) provide the customers and interested
parties an opportunity to provide comments on
the proposed methodology.''.
(c) Prohibition on Certain Recoveries.--
(1) In general.--Section 8 of the Securities Investor
Protection Act of 1970 (15 U.S.C. 78fff-2) is amended by adding
at the end the following new subsection:
``(g) Prohibition on Certain Recoveries.--Notwithstanding any other
provision of this Act, a trustee may not recover any property
transferred by the debtor to a customer before the filing date unless,
at the time of such transfer, such customer--
``(1) knew the debtor was involved in fraudulent activity
with respect to any customer of the debtor which reasonably
indicated a fraud adversely affecting a substantial number of
customers; or
``(2) was a person that--
``(A) was, or was required to be, registered--
``(i) as a broker or dealer under the
Securities Exchange Act of 1934; or
``(ii) as an investment adviser under the
Investment Advisers Act of 1940, or that would
have been required to register as an investment
adviser under the Investment Advisers Act of
1940 but for section 203(m) of such Act;
``(B) knew, or, due to the activities of such
person causing such person to be described under
subparagraph (A), should have known, that the debtor
was involved in fraudulent activity with respect to any
customer of the debtor; and
``(C) did not notify SIPC, the Commission, or law
enforcement personnel that the debtor was involved in
such fraudulent activity.''.
(2) Construction.--Nothing in this Act, or the amendments
made by this Act, shall be construed as prohibiting a trustee
appointed under the Securities Investor Protection Act of 1970
from recovering property transferred by a debtor to a person
who is not a customer of the debtor.
(d) Appointment of Trustees.--
(1) In general.--Section 5(b)(3) of the Securities Investor
Protection Act of 1970 (15 U.S.C. 78eee(b)(3)) is amended to
read as follows:
``(3) Appointment of trustee and attorney.--
``(A) In general.--If the court issues a protective
decree under paragraph (1), such court shall forthwith
appoint, as trustee for the liquidation of the business
of the debtor and as attorney for the trustee, such
persons as the court determines best fit to serve as
trustee and as attorney from among the persons selected
by the Commission pursuant to subparagraph (B). The
persons appointed as trustee and as attorney for the
trustee may be associated with the same firm.
``(B) Commission candidates.--The Commission shall
maintain a list of candidates for the position of
trustee and attorney for the trustee for a debtor in a
liquidation proceedings, and shall periodically update
the list, as appropriate. With respect to a debtor and
upon the court issuing a protective decree under
paragraph (1), the Commission shall forthwith provide
the court with such list.
``(C) Disinterest requirement.--No person may be
appointed to serve as trustee or attorney for the
trustee if such person is not disinterested within the
meaning of paragraph (6), except that for any specified
purpose other than to represent a trustee in conducting
a liquidation proceeding, the trustee may, with the
approval of SIPC and the court, employ an attorney who
is not disinterested.
``(D) Qualification.--A trustee appointed under
this paragraph shall qualify by filing a bond in the
manner prescribed by section 322 of title 11, United
States Code, except that neither SIPC nor any employee
of SIPC shall be required to file a bond when appointed
as trustee.
``(E) Prohibition on trustee serving in multiple
liquidations.--A trustee may not be appointed under
this paragraph if the trustee is currently serving as
trustee for the liquidation of the business of another
debtor under this Act.''.
(2) Compensation for trustee and attorney.--Section 5(b)(5)
of the Securities Investor Protection Act of 1970 (15 U.S.C.
78eee(b)(5)) is amended--
(A) in subparagraph (A), by adding at the end the
following: ``The court shall publicly disclose all such
allowances that are granted.'';
(B) by amending subparagraph (C) to read as
follows:
``(C) Awarding of allowances.--Whenever an
application for allowances is filed pursuant to
subparagraph (B), the court shall determine the amount
of allowances, giving due consideration to the nature,
extent, and value of the services rendered.''; and
(C) by adding at the end the following:
``(F) SIPC disclosures.--SIPC shall issue quarterly
public reports on--
``(i) all payments made by SIPC to the
trustee; and
``(ii) all other costs in connection with
the liquidation proceeding, including legal and
accounting costs.''.
(3) Effective date.--The amendment made this subsection
shall take effect with respect to trustees and attorneys
appointed after the date of the enactment of this Act.
(e) Timing of SIPC Advances; Result of Delay.--Section 9 of the
Securities Investor Protection Act of 1970 (15 U.S.C. 78fff-3) is
amended by adding at the end the following:
``(f) Timing of SIPC Advances; Result of Delay.--
``(1) In general.--SIPC advances made to satisfy customer
claims pursuant to subsection (a) shall be made before the end
of the 3-month period beginning on the date that is the end of
the 6-month period described under section 8(a)(3), plus the
amount of any extension granted under such paragraph.
``(2) Result of delay.--If SIPC fails to make advances to
the trustee in the period specified in paragraph (1), then for
purposes of calculating a customer's net equity under this Act,
interest shall accrue beginning on the date that is the end of
the 3-month period specified in paragraph (1).
``(3) Court determination.--If the trustee determines that
enough information has been provided to SIPC to make an advance
pursuant to subsection (a), the trustee may petition the court
to have the court direct SIPC to make such advance.''.
(f) Timing of Payments to Customers.--Section 8(b) of the
Securities Investor Protection Act of 1970 (15 U.S.C. 78fff-2(b)) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after paragraph (2) the following:
``(3) upon petition by a customer, order the trustee to
carry out the obligations of the trustee under this subsection
with respect to such customer; and
``(4) if the court determines that the trustee has
improperly delayed carrying out the obligations of the trustee
under this subsection, impose financial sanctions on the
trustee.''.
(g) Commission Authority To Require SIPC Action.--Section 11(b) of
the Securities Investor Protection Act of 1970 (15 U.S.C. 78ggg(b)) is
amended to read as follows:
``(b) Commission Authority To Require SIPC Action.--In the event of
the refusal of SIPC to commit its funds or otherwise to act for the
protection of customers of any member of SIPC, the Commission may
require SIPC to discharge its obligations under this Act.''.
SEC. 3. EFFECTIVE DATE.
Except as provided under section 2(d)(3), the amendments made by
section 2 shall take effect with respect to a liquidation proceeding
under the Securities Investor Protection Act of 1970 that--
(1) was in progress on the date of the enactment of this
Act; or
(2) is initiated after the date of the enactment of this
Act. | Equitable Treatment of Investors Act - Amends the Securities Investor Protection Act of 1970 to revise the definition of "net equity."
Bases the determination of net equity, the positions, options, and contracts of a customer reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, upon: (1) the information contained in the last statement issued by the debtor to the customer before the filing date; and (2) any additional written confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date.
Makes an exception to this requirement when a debtor's recorders indicate a higher value. Requires determination of the customer's net equity using the debtor's books and records instead of the customer's last statement when the debtor's books and records indicate that the net value of a customer's positions, options, and contracts reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, is greater than the customer's net value as calculated on the basis specified by this Act.
Prohibits reliance on the final statement of the debtor to customer, however, if the customer: (1) knew the debtor was involved in fraudulent activity with respect to any of its customers which reasonably indicated a fraud adversely affecting a substantial number of customers; or (2) as a registered broker, dealer, or investment adviser under specified securities laws, or a person required to be so registered, knew, or should have known, that the debtor was involved in a fraudulent activity and did not notify the Securities Investor Protection Corporation (SIPC), the Securities and Exchange Commission (SEC), or law enforcement personnel.
Prohibits a trustee in bankruptcy in a liquidation proceeding from recovering any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, the customer meets the same criteria regarding actual or constructive knowledge of the debtor's involvement in fraudulent activity.
Prescribes alternative methodologies for allocation of customer property to customers by a trustee in a liquidation proceeding. Requires public notice and comment as a prerequisite to court approval of a proposed allocation methodology.
Transfers from the SIPC to the SEC authority to nominate to a court persons for appointment as trustee for the liquidation of a debtor's business and as attorney for the trustee.
Prohibits a trustee from serving in multiple liquidations if the trustee is currently serving as such under this Act for the liquidation of the business of another debtor.
Sets forth requirements for trustee and attorney compensation.
Requires the SIPC to issue quarterly public reports on its payments to the trustee, as well as all other costs in connection with the liquidation proceeding.
Prescribes the timing of: (1) SIPC advances, and (2) payments to customers. | To amend the Securities Investor Protection Act of 1970 to confirm that a customer's net equity claim is based on the customer's last statement and that certain recoveries are prohibited, to change how trustees are appointed, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Species Improvement Act
of 1993''.
SEC. 2. INSERTING A PUBLIC INTEREST DETERMINATION IN LISTING DECISION.
(a) In General.--Section 4(a)(1) of the Endangered Species Act of
1973 (16 U.S.C. 1533(a)(1)) is amended to read as follows:
``Sec. 4. (a) In General.--(1) The Secretary shall by regulation
promulgated in accordance with subsection (b) of this section determine
that a species is an endangered species or a threatened species if the
Secretary determines the following:
``(A) That the species warrants listing as an endangered
species or a threatened species because of any of the following
factors:
``(i) The past or present destruction,
modification, or curtailment of its habitat or range.
``(ii) Overutilization for commercial,
recreational, scientific, or educational purposes.
``(iii) Disease or predation.
``(iv) The inadequacy of existing regulatory
mechanisms.
``(v) Other natural or manmade factors affecting
its continued existence.
``(B) That the listing of the species is in the public
interest after considering the following factors:
``(i) The technical practicability of recovering
the species.
``(ii) The biological significance of the species.
``(iii) The quality of available data on the
species.
``(iv) The direct and indirect costs to the public
and private sectors, including public service and
employment, which may be imposed by the application of
the protections of this Act to such species.
``(v) The impacts on the use and value of non-
Federal property which may result from application of
the protections of this Act to such species.
``(vi) The impacts on the environment and other
species which may result from the application of the
protections of this Act to such species.
``(vii) The scientific and other benefits which may
result from the application of the protections of this
Act to such species.
``(viii) Any other beneficial or adverse effects
which may result from the application of the
protections of this Act to such species.''.
(b) Conforming Amendment.--Section 4(b)(1)(A) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(1)(A)) is amended by striking
``subsection (a)(1)'' and inserting in lieu thereof ``subsection
(a)(1)(A)''.
SEC. 3. REQUIRING BLIND PEER REVIEW.
Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)) is amended by adding at the end thereof the following new
paragraph:
``(9) Prior to making any determination pursuant to subsection
(a)(1), the Secretary shall submit for peer review all information on
and analyses of the species or habitat upon which such determination
will be made to a panel of experts who are not employed by, under
contract to, or recipients of grants from the department of the
Secretary. The panel shall be selected by the Inspector General of the
department of the Secretary without the advice or consent of the
Secretary or any official of any agency advising the Secretary on the
determination. The Secretary shall consider the report of the panel
prior to making a determination, shall make the report available to the
public, and shall provide a response to the report in the preamble to
the final rule setting forth the determination.''.
SEC. 4. AVOIDING BIAS.
Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)), as amended by section 3 of this Act, is further amended by
adding at the end thereof the following paragraph (11):
``(10) No person who advises the Secretary on, or otherwise
participates formally in procedures leading to, a determination
pursuant to subsection (a)(1), or the institution with which such
person is employed, shall receive any grant or other funding under or
pursuant to this Act or any other authority of the Secretary to study,
conduct research on, undertake conservation activities for, or
otherwise address the species which is the subject of such
determination.''.
SEC. 5. ESTIMATION OF NUMBER OF A SPECIES.
Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)), as amended by sections 3 and 4 of this Act, is further
amended by adding at the end the following new paragraph:
``(11)(A) The Secretary shall determine and publish in the Federal
Register with each proposed rule under subsection (a)(1) an estimate of
the number of the species that is the subject of the rule.
``(B) The estimate published under subparagraph (A) for a species--
``(i) shall be periodically reviewed and revised by the
Secretary to reflect changes in the number of the species; and
``(ii) shall be used by the Secretary to make
determinations under subsection (c)(2)(B).''.
SEC. 6. APPLYING THE EMERGENCY LISTING PROCESS TO EMERGENCY SITUATIONS.
Section 4(b)(7) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(7)) is amended by striking ``a significant risk to the well-
being'' and inserting in lieu thereof ``an immediate threat of
extinction''.
SEC. 7. LIMITING APPLICATION OF TAKE PROHIBITION PRIOR TO COMPLETION OF
A RECOVERY PLAN.
Section 9(a) of the Endangered Species Act of 1973 (16 U.S.C.
1538(a)) is amended by inserting at the end thereof a new paragraph (3)
as follows:
``(3) For purposes of paragraph (1)(B) of this subsection and any
regulation applying such paragraph to a threatened species pursuant to
section 4(d) of this Act, the terms ``harm'' and ``harass'' in the
definition of ``take'' in section 3(19) of this Act shall apply only to
such species which are subject to a recovery plan issued under section
4(f) of this Act.''.
SEC. 8. ELIMINATING CITIZEN SUITS AGAINST PRIVATE PARTIES.
Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C.
1540(g)) is amended--
(1) in paragraph (1)(A) by striking ``any person, including
the United States and any other governmental instrumentality or
agency (to the extent permitted by the eleventh amendment to
the Constitution), who'' and inserting in lieu thereof ``the
United States, or any instrumentality or agency thereof,
which'';
(2) in the first sentence following subparagraph (C) of
paragraph (1) by striking ``or the citizenship of the
parties''; and
(3) in paragraph (3) by striking ``(A)'' and subparagraph
(B).
SEC. 9. COMPENSATION FOR DIMINUTION IN VALUE OF PRIVATE PROPERTY
RIGHTS.
(a) In General.--The Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) is amended by adding at the end thereof the following:
``SEC. 19. COMPENSATION FOR DIMINUTION IN VALUE OF PRIVATE PROPERTY
RIGHTS.
``(a) In General.--The head of any Federal agency who takes an
action under this Act, or regulations issued pursuant to this Act,
shall compensate the owner of private property for any diminution in
value caused by the action. Action may cause the diminution in value of
private property--
``(1) even though the action results in less than a
complete deprivation of all use or value or of all separate
distinct interests in the same private property; and
``(2) even if the action is temporary in nature.
``(b) Duty of Federal Agency Heads.--The head of each Federal
agency shall, at the time of issuing regulations or undertaking any
activity under this Act, determine whether such regulations or activity
results in the diminution in value of private property such that such
diminution is compensable under this section.
``(c) Compensation.--(1) Within 60 days after the date of issuance
of any such regulation or the taking of any such action which results
in a diminution in value of private property which is compensable under
this section, the head of the Federal agency concerned shall make an
offer of compensation to the owner of the private property affected.
Any offer made under this paragraph shall be effective for one year.
``(2) Such owner may reject the offer and, within one year after
such rejection, file a claim for compensation in the United States
Claims Court for a determination of the value of the property affected.
In addition to awarding fair market value for the property affected,
the court may award reasonable attorney's fees and expenses of
litigation.
``(3) In any case in which the property affected involves lands,
such owner, in lieu of a claim under paragraph (2), may exchange in
accordance with applicable Federal law lands affected by such law,
regulation, or activity.
``(4) Such owner may also accept such compensation as may be
available under other laws for tax benefits, mineral rights credits,
and comparable offers for value by the United States.
``(5) Any cash settlement or judgment from the United States Claims
Court pursuant to paragraph (2) shall be paid as a matter of right from
the land and water conservation fund established by section 2 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any activity of the United States Government after the date of
enactment of this Act. | Endangered Species Improvement Act of 1993 - Amends the Endangered Species Act of 1973 to require the Secretary of the Interior (or of Commerce or Agriculture, under specified circumstances) to determine that a species is endangered or threatened if the Secretary determines that: (1) the species warrants listing as an endangered or threatened species because of natural or manmade factors affecting its continued existence; and (2) such listing is in the public interest (after considering specified factors, including any beneficial or adverse effects which may result from the application of or the protections of the Act to such species).
Directs the Secretary, prior to making any such determination, to submit for peer review all information on and analyses of the species or habitat upon which such determination will be made to a panel of experts who are not employed by, under contract to, or recipients of grants from the department of the Secretary.
Bars any person who participates formally in such determination from receiving any funding pursuant to the Act or any other authority of the Secretary to study, conduct research on, undertake conservation activities for, or otherwise address the species involved.
Sets forth provisions regarding: (1) estimating the number of a species subject to a proposed rule; (2) applying the emergency listing process to situations involving "an immediate threat of extinction" (currently, "a significant risk to the well-being" of a species); (3) limiting application of the taking prohibition prior to completion of a recovery plan; and (4) eliminating citizen suits against private parties.
Directs the head of any Federal agency who takes an action under the Act to compensate the owner of private property for any diminution in value caused by the action. | Endangered Species Improvement Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Route 66 Centennial Commission
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Route 66 was the Nation's first all-paved highway under
the U.S. Highway System connecting the Midwest to California
and has played a major role in the history of the United
States.
(2) Route 66 was the symbol of opportunity to hundreds of
thousands of people seeking escape from the Dust Bowl in the
1930s, serving as a ``road to opportunity'' in the West and
providing employment during the Great Depression, as thousands
were put to work on road crews to pave the road.
(3) Route 66 was invaluable in transporting troops,
equipment, and supplies across the country to the West, where
the government established multiple industries and armed force
bases during World War II. Upon the conclusion of the war in
1945, Route 66 was a key route taken by thousands of troops as
they returned home.
(4) Route 66 symbolized the Nation's positive outlook
during the postwar economic recovery in the 1950s and 1960s,
serving as an icon of free-spirited independence and linking
people across the United States. During this period, the
tourist industry along Route 66 grew tremendously, giving rise
to countless tourist courts, motels, service stations, garages,
and diners.
(5) Since June 27, 1985, when Route 66 was decommissioned
as a Federal highway, the popularity and mythical stature of
Route 66 has grown domestically and internationally, as the
road has experienced a rebirth of interest and support.
(6) The year 2026 will be the centennial anniversary of
Route 66, and a commission should be established to study and
recommend to Congress activities that are fitting and proper to
celebrate that anniversary in a manner that appropriately
honors America's Mother Road.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Route 66
Centennial Commission (referred to in this Act as the ``Commission'').
SEC. 4. DUTIES.
The Commission shall have the following duties:
(1) To study activities that may be carried out by the
Federal Government to determine whether the activities are
fitting and proper to honor Route 66 on the occasion of its
centennial anniversary, including any of the activities
described under section 8(b)(2)(B).
(2) To recommend to Congress the activities the Commission
considers most fitting and proper to honor Route 66 on such
occasion, to be carried out by the Department of Transportation
and any other entity or entities within the Federal Government
that the Commission considers most appropriate to carry out
such activities.
(3) To plan and host, in cooperation with such partners, a
conference on the U.S. Numbered Highway System, and assist in
the activities of such a conference.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 19
members appointed as follows:
(1) Three members, each of whom shall be a qualified
citizen described in subsection (b), appointed by the
President.
(2) Two members, each of whom shall be a qualified citizen
described in subsection (b), appointed by the President on the
recommendation of the Secretary of Transportation.
(3) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Illinois.
(4) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Missouri.
(5) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Kansas.
(6) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Oklahoma.
(7) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Texas.
(8) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of New Mexico.
(9) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of Arizona.
(10) One member, who shall be a qualified citizen described
in subsection (b), appointed by the President on the
recommendation of the Governor of California.
(11) Three members, each of whom shall be a qualified
citizen described in subsection (b), appointed by the President
on the recommendation of the Speaker of the House of
Representatives, in consultation with the minority leader of
the House of Representatives.
(12) Three members, each of whom shall be a qualified
citizen described in subsection (b), appointed by the President
on the recommendation of the majority leader of the Senate, in
consultation with the minority leader of the Senate.
(b) Qualified Citizen.--A qualified citizen described in this
subsection is a private citizen of the United States with--
(1) a demonstrated dedication to educating others about the
importance of historical figures and events; and
(2) substantial knowledge and appreciation of Route 66.
(c) Time of Appointment.--Each initial appointment of a member of
the Commission shall be made before the expiration of the 120-day
period beginning on the date of the enactment of this Act.
(d) Continuation of Membership.--If a member of the Commission was
appointed to the Commission as a Member of Congress, and ceases to be a
Member of Congress, that member may continue to serve on the Commission
for not longer than the 30-day period beginning on the date that member
ceases to be a Member of Congress.
(e) Terms.--Each member shall be appointed for the life of the
Commission.
(f) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission but shall be filled in the manner in which the
original appointment was made.
(g) Basic Pay.--Members shall serve on the Commission without pay.
(h) 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.
(i) Quorum.--Seven members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(j) Chair.--The President, in consultation with the Secretary of
Transportation, shall designate one member of the Commission as Chair.
(k) Meetings.--The Commission shall meet at the call of the Chair.
SEC. 6. DIRECTOR AND STAFF.
(a) Director.--The Commission may appoint and fix the pay of a
Director and such additional personnel as the Commission considers to
be appropriate.
(b) Applicability of Certain Civil Service Laws.--
(1) Director.--The Director of the Commission may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(2) Staff.--The 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.
SEC. 7. POWERS.
(a) 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 to be appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this Act.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chair of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 8. REPORTS.
(a) Interim Reports.--The Commission may submit to Congress such
interim reports as the Commission considers to be appropriate.
(b) Comprehensive Report.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Commission shall submit to the
President and Congress a report incorporating specific
recommendations for the commemoration of the centennial of
Route 66 and related events.
(2) Contents of report.--The report under paragraph (1)--
(A) shall include recommendations for the
allocation of financial and administrative
responsibility among the public and private authorities
and organizations recommended for participation by the
Commission; and
(B) may recommend activities such as--
(i) the production, publication, and
distribution of books, pamphlets, films,
electronic publications, and other educational
materials focusing on the history and impact of
Route 66 on the United States and the world;
(ii) bibliographical and documentary
projects, publications, and electronic
resources;
(iii) conferences, convocations, lectures,
seminars, and other programs;
(iv) the development of programs by and for
libraries, museums, parks, and historic sites,
including national traveling exhibitions;
(v) ceremonies and celebrations
commemorating specific events;
(vi) the production, distribution, and
performance of artistic works, and of programs
and activities, focusing on the national and
international significance of Route 66; and
(vii) the issuance of commemorative coins,
medals, certificates of recognition, and
postage stamps.
(c) Final Report.--The Commission shall submit to the President and
Congress a final report not later than 90 days before the termination
of the Commission provided in section 10.
SEC. 9. PLAN ON PRESERVATION NEEDS OF ROUTE 66.
(a) In General.--The Secretary of Transportation, in consultation
with the Governors referred to in section 5(a), shall prepare a plan on
the preservation needs of Route 66.
(b) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Environment and Public Works of the Senate, and the
President a report containing the plan prepared under subsection (a).
SEC. 10. TERMINATION.
The Commission shall terminate not later than June 30, 2027.
SEC. 11. CLARIFICATION REGARDING FUNDING.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements may be carried out using amounts otherwise
authorized or made available for the Department of Transportation,
except for amounts authorized from the Highway Trust Fund.
Passed the House of Representatives July 16, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Route 66 Centennial Commission Act (Sec. 3) This bill establishes the Route 66 Centennial Commission to honor highway Route 66 on the occasion of its centennial anniversary. (Sec. 4) The bill sets forth the duties of the commission, its membership, powers, and reporting requirements. (Sec. 9) The Department of Transportation shall prepare a plan on the preservation needs of Route 66. (Sec. 10) The commission shall terminate not later than June 30, 2027. | Route 66 Centennial Commission Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims of Domestic Abuse Insurance
Protection Act of 1996''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``domestic abuse'' means the occurrence of one
or more of the following acts between former or current
household or family members (including in-laws or extended
family), spouses or former spouses, individuals engaged in or
formerly engaged in a sexually intimate relationship, a
caretaker and the person taken care of, a perpetrator of sexual
assault and the victim of the assault, or a stalker or a sex
offender in relation to the person being stalked or person
against whom the offense was or is being committed:
(A) Attempting to cause or intentionally,
knowingly, or recklessly causing the other person
bodily injury, physical harm, severe emotional
distress, psychological trauma, rape, sexual assault,
or involuntary sexual intercourse.
(B) Engaging in a course of conduct or repeatedly
committing acts toward the other person, including
following the person without proper authority and under
circumstances that place the person in reasonable fear
of bodily injury or physical harm.
(C) Subjecting the other person to false
imprisonment or kidnapping.
(D) Attempting to cause or intentionally,
knowingly, or recklessly causing damage to property so
as to intimidate or attempt to control the behavior of
the other person.
(2) The term ``domestic abuse-related medical condition''
means a medical condition sustained by the subject of domestic
abuse which arises in whole or in part out of an action or
pattern of domestic abuse in relation to the subject of
domestic abuse.
(3) The term ``domestic abuse status'' means the fact or
perception that a person is, has been, or may be a subject of
domestic abuse, irrespective of whether the person has
sustained domestic abuse-related medical conditions.
(4) The term ``insurance policy'' means any policy,
contract, or certificate of insurance (whether for health
benefits, life insurance benefits, property and casualty
benefits, or otherwise) issued by an insurer and subject to the
insurance laws and regulations of a State, and includes an
endorsement or rider to such a policy, contract, or certificate
and includes a contract of health benefits issued by a health
maintenance organization.
(5) The term ``insured'' means a party named on an
insurance policy as the person with legal rights to the
benefits provided by the policy. For group insurance, such term
includes a person who is a beneficiary covered by a group
policy or certificate.
(6) The term ``insurer'' means any person or legal entity
(including a health carrier or life, disability, and property
and casualty insurer) engaged in the business of insurance and
subject to the insurance laws and regulations of a State, and
includes agents, brokers, adjusters, and third party
administrators and includes health maintenance organizations
and similar organizations subject to regulation by a State for
insolvency.
(7) The term ``subject of domestic abuse'' means--
(A) a person to whom an act of domestic abuse is
directed,
(B) a person who has had prior or current injuries,
illnesses, or disorders that resulted from domestic
abuse, or
(C) a person who seeks, may have sought, or had
reason to seek--
(i) medical or psychological treatment for
domestic abuse, or
(ii) protection (including court-order
protection) or shelter from domestic abuse.
(8) The term ``group health plan'' has the meaning given
such term in section 607(1) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1167(1)).
(9) The terms ``beneficiary'' and ``participant'' have the
meanings given such terms in section 3 of the Employee
Retirement Income Security Act of 1974.
SEC. 3. PROHIBITION OF UNFAIR DISCRIMINATION AGAINST SUBJECTS OF
DOMESTIC ABUSE.
(a) In General.--An insurer or group health plan may not, directly
or indirectly, engage in any of the following acts or practices on the
basis that the applicant or insured, or any person employed by the
applicant or insured or with whom the applicant or insured is known to
have a relationship or association, or a beneficiary or participant in
the plan is, has been, or may be the subject of domestic abuse:
(1) Denying, refusing to issue, renew or reissue, or
canceling or otherwise terminating an insurance policy or
coverage under the group health plan; or restricting or
excluding coverage under the policy or plan; or adding a
premium differential to any insurance policy or for coverage
under the plan on such basis.
(2) Excluding or limiting coverage for losses or denying a
claim incurred by an insured or participant or beneficiary as a
result of domestic abuse on the basis of the insured's,
participant's, or beneficiary's abuse status, except (in the
case of an insurer) as otherwise permitted or required by State
laws relating to acts of abuse committed by life insurance
beneficiaries.
(3)(A) Subject to subparagraph (B), terminating coverage
for a subject of domestic abuse because coverage was originally
issued or provided in the name of the abuser and the abuser has
divorced, separated from, or lost custody of the subject of
domestic abuse or the abuser's coverage has terminated
voluntarily or involuntarily and, with respect to health
insurance coverage or coverage under a group health plan, the
subject of domestic abuse does not qualify for extension of
coverage under part 6 of subtitle B of title I or the Employee
Retirement Income Security Act of 1974, section 4980B of the
Internal Revenue Code of 1986, or title XXII of the Public
Health Service Act.
(B) Nothing in subparagraph (A) prohibits the insurer or
group health plan from requiring the subject of domestic abuse
to pay the full premium for the subject's coverage under the
policy or plan or from requiring, as a condition of health
insurance coverage or coverage under the plan, that the subject
of domestic abuse reside or work within its service area if
such requirements are applied to all insureds of the insurer
with respect to such coverage or to all participants and
beneficiaries.
(C) The insurer may terminate group health insurance
coverage after the continuation coverage required by this
paragraph has been in force for 18 months if it offers
conversion to an equivalent individual plan.
(D) The continuation of health coverage required by this
paragraph shall be satisfied by coverage under part 6 of
subtitle B of title I or the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1161 et seq.), section 4980B of
the Internal Revenue Code of 1986, or title XXII of the Public
Health Service Act provided to a subject of domestic abuse and
is not intended to be in addition to any extension of coverage
provided under such part, section, or title.
(b) Limitation on Use or Transfer of Information.--
(1) In general.--An insurer or group health plan (or a
contractor with an insurer or group health plan) may not use,
disclose, or transfer information relating to an individual's
abuse status, or medical condition which the insurer or plan
knows or has reason to know is abuse-related, or an
individual's family, household, social, or employment
relationship with a subject of domestic abuse except to the
extent necessary for the direct provision of health care
services, compliance with abuse reporting laws, or (in the case
of an insurer) compliance with an order of an entity with
authority to regulate insurance or an order of a court of
competent jurisdiction. Nothing in this paragraph shall be
construed as limiting or precluding a subject of domestic abuse
from obtaining the subject's own medical records from an
insurer or group health plan.
(2) Access to information by subject of domestic abuse.--A
subject of domestic abuse may provide evidence of domestic
abuse to an insurer or group health plan for the limited
purpose of facilitating treatment of an domestic abuse-related
condition or demonstrating that a condition is domestic abuse-
related. Nothing in this paragraph shall be construed as
authorizing an insurer or plan to disregard such provided
evidence.
SEC. 4. EXPLANATION OF REASONS FOR ADVERSE ACTIONS.
An insurer or group health plan that takes any adverse action
relating to any insurance policy or coverage under a group health plan
of a subject of domestic abuse on the basis of a claim or medical
condition that the insurer or plan knows or has reason to know is
abuse-related, shall explain the reason for its action to the applicant
or insured or individual in writing. Reference to general underwriting
practices or guidelines does not constitute a specific reason.
SEC. 5. SPECIAL RULE FOR LIFE INSURANCE.
Nothing in this Act shall be construed to prohibit a life insurer
from declining to issue a life insurance policy on the life of an
individual if the applicant or prospective owner of the policy is or
would be designated as a beneficiary of the policy, and if--
(1) the applicant or prospective owner of the policy lacks
an insurable interest in the insured; or
(2) the applicant or prospective owner of the policy is
known, on the basis of police or court records, to have
committed an act of domestic abuse in relation to the
individual.
SEC. 6. SUBROGATION WITHOUT CONSENT PROHIBITED.
Except where the subject of domestic abuse has already recovered
damages, subrogation of claims resulting from domestic abuse is
prohibited without the informed consent of the subject of domestic
abuse.
SEC. 7. COMPLIANCE WITH INSURANCE PROTOCOLS FOR SUBJECTS OF DOMESTIC
ABUSE.
An insurer shall develop, file with the applicable regulatory
authority, and adhere to, protocols specifying how employees,
contractors, agents, and broker of the insurer will pursue an insurance
action (including claims investigation and subrogation) that may impact
the safety of a subject of domestic abuse involved with that action.
SEC. 8. ESTABLISHMENT OF STANDARDS FOR INSURERS.
(a) In General.--If, within the 90-day period beginning on the date
of the enactment of this Act, the National Association of Insurance
Commissioners adopts a Model Act and Regulations that establish
standards for insurers with respect to the requirements under this Act,
such standards shall apply to insurers in carrying out this Act.
(b) Fallback Federal Standards.--If the NAIC does not adopt such an
Act and Regulations within the period specified in subsection (a), the
Secretary of Health and Human Services shall promulgate, not later than
60 days after the end of such period, standards for insurers to carry
out this Act.
SEC. 9. ENFORCEMENT FOR INSURERS.
(a) State Enforcement.--
(1) In general.--Each State may establish under State law a
regulatory program that provides for the application and
enforcement of standards for insurers equal to or more
stringent than the standards established under section 8 to
carry out this Act.
(2) Review.--The Secretary periodically shall review State
regulatory programs to determine if they continue to
substantially meet the requirements specified in paragraph (1).
If the Secretary finds that a State regulatory program no
longer substantially meets the requirements, before making a
final determination, the Secretary shall provide the State an
opportunity to adopt such a plan of correction as would permit
the State regulatory program to continue to meet such
requirements. If the Secretary makes a final determination that
the State regulatory program, after such an opportunity, fails
to substantially meet such requirements, the provisions of
subsection (b) shall apply to insurers in that State.
(b) Federal Fallback Enforcement.--In the case of an insurer, with
respect to insurance policies issued in a State which does not have an
approved regulatory program in effect under subsection (a)(1), that the
Secretary of Health and Human Services determines fails to comply with
an applicable standard established under section 8, the insurer is
subject to a civil money penalty of not to exceed $25,000 for each such
violation. The provisions of section 1128A of the Social Security Act
(other than the first sentence of subsection (a) and other than
subsection (b)) shall apply to a civil money penalty under the previous
sentence in the same manner as such provisions apply to a penalty or
proceeding under section 1128A(a) of such Act.
SEC. 10. ENFORCEMENT WITH RESPECT TO GROUP HEALTH PLANS.
The provisions of this Act insofar as they relate to group health
plans shall be deemed to be provisions of title I of the Employee
Retirement Income Security Act of 1974 for purposes of applying such
title. With respect to group health plans, the Secretary of Labor shall
enforce the requirements of this Act in the same manner as provided for
under sections 502, 504, 506, and 510 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140).
SEC. 11. EFFECTIVE DATE.
(a) In General.--Subject to subsection (b), the requirements of
this Act shall take effect on July 1, 1997, or, in the case of insurers
and if later, the date specified in subsection (b), and shall apply to
actions occurring on or after such date.
(b) Special Rule.--In the case of a State which the Secretary of
Health and Human Services identifies as--
(1) requiring State legislation (other than legislation
appropriating funds) in order for insurance policies to meet
standards established under section 8 or for the State
insurance commissioner to perform the functions described in
section 9(a), but
(2) having a legislature which is not scheduled to meet in
1997 in a legislative session in which such legislation may be
considered,
the date specified in this subsection is the first day of the first
calendar quarter beginning after the close of the first legislative
session of the State legislature that begins on or after the date of
the enactment of this Act, and in which legislation described in
paragraph (1) may be considered. For purposes of the previous sentence,
in the case of a State that has a 2-year legislative session, each year
of such session shall be deemed to be a separate regular session of the
State legislature. | Victims of Domestic Abuse Insurance Protection Act of 1996 - Prohibits insurers and group health plans from engaging, directly or indirectly, in specified discriminatory acts or practices on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured has a relationship or association, or a beneficiary or plan participant, is, has been, or may be the subject of domestic abuse. Sets forth limitations upon the use or transfer of information among insurers or group health plans with respect to such subjects.
Requires the insurer or group health plan to furnish a written explanation of any adverse action taken on a claim or medical condition that the insurer has reason to know is abuse-related.
Prescribes parameters within which a life insurer may decline to issue a life insurance policy on the life of an individual if the applicant or prospective policy owner is or would be the designated beneficiary, and if such applicant or prospective policy owner: (1) lacks an insurable interest in the insured; or (2) is known in police or court records to have committed an act of domestic abuse in relation to the individual.
Prohibits subrogation of claims resulting from domestic abuse without the informed consent of the subject of domestic abuse.
Mandates that: (1) an insurer develop protocols specifying how employees, agents, and brokers will pursue an insurance action that may affect the safety of a subject of domestic abuse involved with that action; and (2) the Secretary of Health and Human Services promulgate standards for insurers to implement this Act if the National Association of Insurance Commissioners fails to adopt a Model Act that establishes standards to implement this Act.
Prescribes guidelines for State and Federal enforcement of this Act, including a civil money penalty for violations. | Victims of Domestic Abuse Insurance Protection Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bindu Philips and Devon Davenport
International Child Abduction Return Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2016, 629 American children were taken from the
United States by one parent without the consent of the other,
often in direct violation of valid United States court orders,
United States criminal law, and the Hague Convention on the
Civil Aspects of International Child Abduction.
(2) Abducted children in a foreign country are often
blocked from any contact with the American parent, losing half
of their family and heritage.
(3) Such children are also at grave risk of serious
emotional and psychological problems. Many such children
experience anxiety, eating problems, nightmares, mood swings,
aggressive behavior, resentment, and fear. Every day the
abduction continues only compounds these harms.
(4) The Department of State had at least 944 open cases of
child abduction in 2016, only 152, or 16 percent, of which were
resolved with return of the abducted child to the United
States.
(5) Tragically, abductions resolved with a return of the
child to the United States hit a three-year low in 2016.
(6) In contrast, the number of abduction cases closed by
the Department without the child being returned reached a high
mark of 189 in 2016.
(7) Such low return rates encourage parents to abduct their
children rather than to abide by the laws of the United States.
(8) The United States is a party to the 1980 Hague
Convention on the Civil Aspects of International Child
Abduction (``Hague Abduction Convention''), which provides a
framework for the prompt resolutions of international
abductions between the United States and the 76 other countries
with which the United States has reciprocal obligations.
(9) The Hague Abduction Convention does not have an
enforcement mechanism and countries regularly ignore their
legal duty--without consequences--to return abducted children
whose habitual residence is the United States.
(10) In the 2017 Annual Report on International Parental
Child Abduction published by the Department of State, nine
countries were identified as demonstrating a ``pattern of non-
compliance'' for failure to comply with legal obligations under
the Hague Abduction Convention to resolve ongoing abductions,
including Argentina, the Bahamas, Brazil, the Dominican
Republic, Ecuador, Guatemala, Panama, Peru, and Romania.
(11) The report also identified four countries without an
established reciprocal relationship with the United States
under the Hague Abduction Convention as demonstrating a
``pattern of non-compliance'' for failure to work with the
United States to resolve abduction cases, including India,
Jordan, Nicaragua, and Tunisia.
(12) Eleven of the thirteen countries so identified for
non-compliance, other than the Bahamas and Romania, are
currently receiving trade benefits under the Generalized System
of Preferences established by the Trade Act of 1974.
(13) In India, where more than 100 children are being held
against the wishes of their American parent, only 10 came home
in 2016, and 66 percent of United States requests for the
return of abducted children from India have remained unresolved
for more than 12 months.
(14) After eight years of heroic legal efforts in the
United States and India to bring home her twin sons, who were
abducted to India in 2008, Bindu Philips saw her case closed by
the State Department in 2016 without their return.
(15) Brazil has been continuously cited for demonstrating a
pattern of non-compliance since 2005, and has neither issued
nor enforced a court order to return a single one of the long
term cases there since the return of Sean Goldman to his
American father in 2009, after international pressure and the
stalling of Brazil's renewed participation in the Generalized
System of Preferences.
(16) Thirteen cases of abducted American children in Brazil
have been pending from 2.5 years to 10 years.
(17) Dr. Christopher Brann has been reduced to seeing his
young son Nico for only a few weeks of the year, and only in
Brazil, since 2013, when Nico's Brazilian-American mother
abducted Nico to Brazil in violation of pre-existing court
orders in Texas granting shared custody, in violation of the
Hague Convention, and despite ten independent assessments that
he is an excellent father.
(18) Devon Davenport has won each of the 24 appeals in his
case in Brazil for the return of his daughter, Nadia Lynn,
since 2009, but Brazil still has not returned his daughter to
him.
SEC. 3. ADDITIONAL LIMITATION ON BENEFICIARY DEVELOPING COUNTRY
DESIGNATION.
Section 504(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462) is
amended by inserting after subparagraph (H) the following:
``(I) Such country has engaged in a pattern of
noncompliance in cases of child abduction, as
determined by the Secretary of State for purposes of
the notification requirement under section 101(f) of
the Sean and David Goldman International Child
Abduction Prevention and Return Act.''. | Bindu Philips and Devon Davenport International Child Abduction Return Act of 2017 This bill amends the Trade Act of 1974 to prohibit the President from designating a country as a beneficiary developing country if the country has a pattern of noncompliance under the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 in cases of child abduction during the preceding 12 months. Under current law, a beneficiary developing country is eligible for benefits under the Generalized System of Preferences (i.e., tariff benefits). | Bindu Philips and Devon Davenport International Child Abduction Return Act of 2017 |
SECTION 1. DELAY OF SUNSET.
Section 211(a) of the Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended--
(1) in subsection (a)--
(A) by inserting ``of this subtitle'' after ``214''; and
(B) by striking ``6 years'' and inserting ``16 years''; and
(2) by amending subsection (b) to read as follows:
``(b) Exceptions.--With respect to--
``(1) a person who receives a marker on or before the date on
which the provisions of section 211 through 214 of this subtitle
shall cease to have effect that later results in the execution of
an antitrust leniency agreement; or
``(2) an applicant who has entered into an antitrust leniency
agreement on or before the date on which the provisions of sections
211 through 214 of this subtitle shall cease to have effect,
the provisions of sections 211 through 214 of this subtitle shall
continue in effect.''.
SEC. 2. DEFINITIONS.
Section 212 of the Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Marker.--The term `marker' means an assurance given by
the Antitrust Division to a candidate for corporate leniency that
no other company will be considered for leniency, for some finite
period of time, while the candidate is given an opportunity to
perfect its leniency application.''.
SEC. 3. TIMELINESS; COOPERATION AFTER TERMINATION OF STAY OR PROTECTIVE
ORDER.
(a) Timeliness.--Section 213(c) of the Antitrust Criminal Penalty
Enhancement and Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1
note) is amended to read as follows:
``(c) Timeliness.--The court shall consider, in making the
determination concerning satisfactory cooperation described in
subsection (b), the timeliness of the applicant's or cooperating
individual's cooperation with the claimant.''.
(b) Cooperation After Termination of Stay or Protective Order.--
Section 213 of the Antitrust Criminal Penalty Enhancement and Reform
Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended by adding
at the end the following--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Cooperation After Expiration of Stay or Protective Order.--If
the Antitrust Division does obtain a stay or protective order in a
civil action based on conduct covered by an antitrust leniency
agreement, once the stay or protective order, or a portion thereof,
expires or is terminated, the antitrust leniency applicant and
cooperating individuals shall provide without unreasonable delay any
cooperation described in paragraphs (1) and (2) of subsection (b) that
was prohibited by the expired or terminated stay or protective order,
or the expired or terminated portion thereof, in order for the
cooperation to be deemed satisfactory under such paragraphs.''.
SEC. 4. TECHNICAL CORRECTIONS.
Section 214 of the Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 (Public Law 108-237; 15 U.S.C. 1 note) is amended--
(1) in paragraph (1) by inserting ``of this subtitle'' after
``213(b)''; and
(2) in paragraph (3)--
(A) by inserting ``of this subtitle'' after ``213(a)'' the
1st place it appears; and
(B) by striking ``title'' and inserting ``subtitle''.
SEC. 5. GAO REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall submit, to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of the
Senate, a report on the effectiveness of the Antitrust Criminal Penalty
Enhancement and Reform Act of 2004, both in criminal investigation and
enforcement by the Department of Justice, and in private civil actions.
Such report should include study of, inter alia--
(1) the appropriateness of the addition of qui tam proceedings
to the antitrust leniency program; and
(2) the appropriateness of creating anti-retaliatory protection
for employees who report illegal anticompetitive conduct.
SEC. 6. EFFECTIVE DATE OF AMENDMENTS.
The amendments made by section 1 shall take effect immediately
before June 22, 2010.
SEC. 7. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to: (1) extend until June 22, 2020, provisions of that Act limiting civil damages in antitrust enforcement actions involving conduct covered by antitrust leniency agreements; and (2) revise the timeliness requirements applicable to an antitrust leniency applicant for cooperating in an antitrust enforcement proceeding, including the timeliness of cooperation after a stay or protective order has expired or terminated.
Directs the Comptroller General, within one year after the enactment of this Act, to submit to the congressional Judiciary Committees a report on the effectiveness of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, both in criminal investigation and enforcement by the Department of Justice (DOJ), and in private civil actions. Requires such report to include a study of the appropriateness of the addition of qui tam proceedings to the antitrust leniency program and of creating anti-retaliatory protection for employees who report illegal anticompetitive conduct.
Provides for compliance with the Statutory Pay-As-You-Go Act of 2010. | To amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to extend the operation of such Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom's Way National Heritage Area
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds as follows:
(1) The cultural and natural legacies of an area
encompassing 37 communities in Massachusetts and 8 communities
in New Hampshire have made important and distinctive
contributions to the national character of America.
(2) Recognizing and protecting those legacies will help
sustain the quality of life in the future.
(3) Significant legacies of the area include--
(A) the early settlement of the United States and
the early evolution of democratic forms of government;
(B) the development of intellectual traditions of
the philosophies of freedom, democracy, and
conservation;
(C) the evolution of social ideas and religious
freedom;
(D) the role of immigrants and industry in
contributing to ethnic diversity;
(E) Native American and African American resources;
and
(F) the role of innovation and invention in cottage
industries.
(4) The communities in the area know the value of the
legacies but need a cooperative framework and technical
assistance to achieve important goals by working together.
(5) There is a Federal interest in supporting the
development of a regional framework to assist the States, local
governments, local organizations, and other persons in the
region with conserving, protecting, and bringing recognition to
the heritage of the area for the educational and recreational
benefit of future generations of Americans.
(6) Significant examples of the area's resources include--
(A) Walden Pond State Reservation in Concord,
Massachusetts;
(B) Minute Man National Historical Park in the
State of Massachusetts;
(C) Shaker Villages in Shirley and Harvard in the
State of Massachusetts;
(D) Wachusett Mountain State Reservation, Fitchburg
Art Museum, and Barrett House in New Ipswich, New
Hampshire; and
(E) Beaver Brook Farms and Lost City of Monson in
Hollis, New Hampshire.
(7) The study entitled ``Freedom's Way Heritage Area
Feasibility Study'', prepared by the Freedom's Way Heritage
Association, Inc., and the Massachusetts Department of
Environmental Management, demonstrates that there are
sufficient nationally distinctive historical resources
necessary to establish the Freedom's Way National Heritage
Area.
(8) The Freedom's Way Heritage Association, Inc., should
oversee the development of the Freedom's Way National Heritage
Area.
(b) Purposes.--The purposes of this Act are--
(1) to foster a close working relationship between the
Secretary and all levels of government, the private sector, and
local communities in the States of Massachusetts and New
Hampshire;
(2) to assist the entities referred to in paragraph (1) in
preserving the special historic identity of the Heritage Area;
and
(3) to manage, preserve, protect, and interpret the
cultural, historical, and natural resources of the Heritage
Area for the educational and inspirational benefit of future
generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Freedom's Way National Heritage Area established by section
4(a).
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
section 4(d).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5.
(4) Map.--The term ``Map'' means the map entitled
``_____________'', numbered ______________ and dated _________.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FREEDOM'S WAY NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Freedom's Way National
Heritage Area in the States of Massachusetts and New Hampshire.
(b) Boundaries.--
(1) In general.--The Heritage Area shall consist of the
land within the boundaries of the Heritage Area, as depicted on
the Map.
(2) Revision.--The boundaries of the Heritage Area may be
revised if the revision is--
(A) proposed in the management plan;
(B) approved by the Secretary in accordance with
section 5(c); and
(C) placed on file in accordance with subsection
(c).
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register a legal description of the Heritage Area.
(2) Availability.--The Map shall be on file and available
for public inspection in the appropriate offices of the
National Park Service.
(d) Management Entity.--The Freedom's Way Heritage Association,
Inc. shall serve as the management entity for the Heritage Area.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the management entity shall develop and submit
to the Secretary for approval a management plan for the Heritage Area
that presents comprehensive recommendations and strategies for the
conservation, funding, management, and development of the Heritage
Area.
(b) Requirements.--The management plan shall--
(1) take into consideration and coordinate Federal, State,
and local plans to present a unified historic preservation and
interpretation plan;
(2) involve residents, public agencies, and private
organizations in the Heritage Area;
(3) describe actions that units of government and private
organizations recommend for the protection of the resources of
the Heritage Area;
(4) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(5) include--
(A) an inventory of the cultural, historic,
natural, or recreational resources contained in the
Heritage Area, including a list of property that--
(i) is related to the themes of the
Heritage Area; and
(ii) should be conserved, restored,
managed, developed, or maintained;
(B) a recommendation of policies for resource
management and protection that--
(i) apply appropriate land and water
management techniques;
(ii) develop intergovernmental cooperative
agreements to manage and protect the cultural,
historic, and natural resources and recreation
opportunities of the Heritage Area; and
(iii) support economic revitalization
efforts;
(C) a program of strategies and actions to
implement the management plan that--
(i) identifies the roles of agencies and
organizations that are involved in the
implementation of the management plan and the
role of the management entity; and
(ii) includes--
(I) restoration and construction
plans or goals;
(II) a program of public
involvement;
(III) annual work plans; and
(IV) annual reports;
(D) an analysis of ways in which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act;
(E) an interpretive and educational plan for the
Heritage Area;
(F) any revisions proposed by the management entity
to the boundaries of the Heritage Area and requested by
the affected local government; and
(G) a process to provide public access to the
management entity for the purpose of attempting to
resolve informally any disputes arising from the
management plan.
(c) Failure To Submit.--If the management entity fails to submit
the management plan to the Secretary in accordance with subsection (a),
the Heritage Area shall no longer qualify for Federal funding.
(d) Approval or Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receipt of
the management plan under subsection (a), the Secretary shall
approve or disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the management entity afforded adequate
opportunity, including public hearings, for public and
governmental involvement in the preparation of the
management plan;
(B) the resource protection and interpretation
strategies contained in the management plan would
adequately protect the cultural and historic resources
of the Heritage Area; and
(C) the Secretary has received adequate assurances
from the appropriate State and local officials whose
support is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Action following disapproval.--If the Secretary
disapproves the management plan under paragraph (1), the
Secretary shall--
(A) advise the management entity in writing of the
reasons for the disapproval;
(B) make recommendations for revisions to the
management plan; and
(C) not later than 60 days after the receipt of any
proposed revision of the management plan from the
management entity, approve or disapprove the proposed
revision.
(e) Amendments.--
(1) In general.--In accordance with subsection (b), the
Secretary shall approve or disapprove each amendment to the
management plan that the Secretary determines may make a
substantial change to the management plan.
(2) Use of funds.--Funds made available under this Act
shall not be expended by the management entity to implement an
amendment described in paragraph (1) until the Secretary
approves the amendment.
SEC. 6. AUTHORITIES, DUTIES, AND PROHIBITIONS OF THE MANAGEMENT ENTITY.
(a) Authorities.--The Management Entity may, for purposes of
preparing and implementing the management plan, use funds made
available under this Act to--
(1) make grants to, and enter into cooperative agreements
with, the States of Massachusetts and New Hampshire (including
a political subdivision), a nonprofit organization, or any
person;
(2) hire and compensate staff;
(3) obtain funds from any source (including a program that
has a cost-sharing requirement); and
(4) contract for goods and services.
(b) Duties of the Management Entity.--In addition to developing the
management plan, the management entity shall--
(1) give priority to the implementation of actions, goals,
and strategies set forth in the management plan, including
assisting units of government and other persons in--
(A) carrying out the programs that recognize and
protect important resource values in the Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing recreational and educational
opportunities in the Heritage Area;
(E) increasing public awareness of and appreciation
for the cultural, historical, and natural resources of
the Heritage Area;
(F) restoring historic buildings that are--
(i) located in the Heritage Area; and
(ii) relate to the themes of the Heritage
Area; and
(G) installing throughout the Heritage Area clear,
consistent, and appropriate signs identifying public
access points and sites of interest;
(2) prepare and implement the management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups
within the Heritage Area;
(3) conduct public meetings at least quarterly regarding
the development and implementation of the management plan;
(4) for any fiscal year for which Federal funds are
received under this Act--
(A) submit to the Secretary a report that
describes, for the year--
(i) the accomplishments of the management
entity;
(ii) the expenses and income of the
management entity; and
(iii) each entity to which a grant was
made;
(B) make available for audit by Congress, the
Secretary, and appropriate units of government, all
records pertaining to the expenditure of the funds and
any matching funds; and
(C) require, for all agreements authorizing
expenditure of Federal funds by any entity, that the
receiving entity make available for audit all records
pertaining to the expenditure of the funds.
(c) Prohibition on the Acquisition of Real Property.--The
management entity shall not use Federal funds made available under this
Act to acquire real property or any interest in real property.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--On the request of the management entity,
the Secretary may provide technical and financial assistance
for the development and implementation of the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that assist in--
(A) conserving the significant cultural, historic,
and natural resources of the Heritage Area; and
(B) providing educational, interpretive, and
recreational opportunities consistent with the purposes
of the Heritage Area.
(3) Spending for non-federal property.--The management
entity may expend Federal funds made available under this Act
on nonfederally owned property that is--
(A) identified in the management plan; or
(B) listed or eligible for listing on the National
Register of Historic Places.
(4) Other assistance.--The Secretary may enter into
cooperative agreements with public and private organizations to
carry out this subsection.
(b) Other Federal Agencies.--Any Federal entity conducting or
supporting an activity that directly affects the Heritage Area shall--
(1) consider the potential effect of the activity on the
purposes of the Heritage Area and the management plan;
(2) consult with the management entity regarding the
activity; and
(3) to the maximum extent practicable, conduct or support
the activity to avoid adverse effects on the Heritage Area.
SEC. 8. LAND USE REGULATION; APPLICABILITY OF FEDERAL LAW.
(a) Land Use Regulation.--
(1) In general.--The management entity shall provide
assistance and encouragement to State and local governments,
private organizations, and persons to protect and promote the
resources and values of the Heritage Area.
(2) Effect.--Nothing in this Act--
(A) affects the authority of the State or local
governments to regulate under law any use of land; or
(B) grants any power of zoning or land use to the
management entity.
(b) Private Property.--
(1) In general.--The management entity shall be an advocate
for land management practices consistent with the purposes of
the Heritage Area.
(2) Effect.--Nothing in this Act--
(A) abridges the rights of any person with regard
to private property;
(B) affects the authority of the State or local
government regarding private property; or
(C) imposes any additional burden on any property
owner.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of the enactment
of this Act. | Freedom's Way National Heritage Area Act - Establishes the Freedom's Way National Heritage Area encompassing 36 communities in Massachusetts and eight communities in New Hampshire that have made important and distinctive contributions to the national character of America. | To establish the Freedom's Way National Heritage Area in the States of Massachusetts and New Hampshire, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Currency Manipulation Prevention
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Products produced in a foreign country can be produced
or assembled with lower input costs through the intervention by
the government of that country in international currency
markets, in order to maintain its own currency at artificially
low valuations.
(2) This practice, in effect, subsidizes the exports of
such a country while erecting a cost barrier to goods imported
into that country.
(3) The United States has the authority under current law
to redress practices by other countries that decrease market
opportunities for United States exports or otherwise distort
trade, including currency manipulation.
(4) Misalignments in currency caused by government policies
intended to maintain an unfair trade advantage nullify and
impair trade concessions.
(5) A country is considered to be manipulating its currency
to obtain an unfair trade advantage if--
(A) its currency manipulation has a subsidy-like
effect;
(B) its currency manipulation constitutes a
nullification and impairment of the benefits of the
GATT 1994; or
(C) its currency manipulation results in a
contravention of the intention of the GATT 1994.
(6) The International Monetary Fund also prohibits the use
of currency manipulation as a method of gaining unfair trade
advantage. The International Monetary Fund defines such
manipulation as large-scale and protracted intervention in one
direction to gain an unfair trade advantage.
(7) Article XV of the GATT 1994 and the Agreement on
Subsidies and Countervailing Measures both suggest that
currency manipulation in order to gain an unfair trading
advantage would violate the intent of those agreements.
(8) Sections 301 through 309 of the Trade Act of 1974
provide the authority under United States law to take
retaliatory action, including import restrictions, to enforce
the rights of the United States against any unjustifiable,
unreasonable, or discriminatory practice or policy of a country
that burdens or restricts United States commerce.
(9) Section 3004 of the Omnibus Trade and Competitiveness
Act of 1988 (22 U.S.C. 5304) requires the Secretary of the
Treasury to undertake multilateral or bilateral negotiations if
it is found that a country is manipulating its currency, and
Article IV of the Articles of Agreement of the International
Monetary Fund prohibits currency manipulation.
SEC. 3. TRADE NEGOTIATING OBJECTIVE.
Section 2102(b) of the Trade Act of 2002 (19 U.S.C. 3802(b)) is
amended by adding at the end the following:
``(18) Exchange rate policy.--The principal negotiating
objective of the United States with respect to currency
exchange rates is to ensure that governmental intervention in
currency markets to stabilize short-term disruptive market
conditions is of limited duration and is carried out in
consultation with countries with major trading partners.''.
SEC. 4. REPORT ON CURRENCY MANIPULATION.
The Secretary of Commerce shall, not later than 6 months after the
date of the enactment of this Act, and not later than the end of each
6-month period thereafter, submit to the Congress, the President, the
United States Trade Representative, and the Secretary of the Treasury,
a report--
(1) describing actions by foreign governments to manipulate
the currencies of their countries in order to increase exports
from those countries to the United States or to limit imports
of United States products into those countries, and describing
the extent of such currency manipulation;
(2) analyzing whether, and to what extent--
(A) currency manipulation described under paragraph
(1) affects the manufacturing sector in the United
States; and
(B) reduction of the manipulation and of the
accumulation of United States dollars by foreign
governments might affect United States monetary policy;
and
(3) setting forth all remedies against such currency
manipulation that are available under applicable trade
agreements and international institutions such as the World
Trade Organization and the International Monetary Fund.
SEC. 5. PROCEEDINGS.
(a) Action by the President.--In any case in which the Secretary of
Commerce, in a report under section 3, identities a government of a
foreign country that is manipulating the currency of that country, the
President, within 45 days after the report is issued, shall initiate
negotiations with that country for the purpose of ending the currency
manipulation. If the President, within 90 days after the report under
section 3 is issued, is unable to reach an agreement with that country
to end the currency manipulation, the President shall take the
necessary steps to initiate proceedings under the applicable trade
agreements or under the auspices of the World Trade Organization or
other applicable international institutions, and under applicable
United States law, including section 301 of the Trade Act of 1974,
against that country on account of that currency manipulation.
(b) Compensation.--
(1) In general.--In the course of, or in addition to,
action taken under subsection (a) with respect to a country,
the President shall seek compensation from that country
equivalent to the damages incurred by United States
manufacturers and other adversely affected parties in the
United States on account of the currency manipulation of that
country. The President is not required to seek such
compensation if he determines that to do so would not be in the
national interests of the United States.
(2) Report if compensation not sought.--In any case in
which the President does not seek compensation under paragraph
(1), the President shall transmit to the Committee on Energy
and Commerce and the Committee on Ways and Means of the House
of Representatives, and to the Committee on Commerce, Science
and Transportation and the Committee on Finance of the Senate,
a detailed explanation of the President's determination of
national interest.
SEC. 6. DEFINITIONS.
In this Act----
(1) Currency manipulation.--The term ``currency
manipulation'' means--
(A) manipulation of exchange rates by a country in
order to gain an unfair competitive advantage as stated
in Article IV of the Articles of Agreement of the
International Monetary Fund;
(B) sustained currency intervention by a country in
one direction, through mandatory foreign exchange sales
at a country's central bank at a fixed exchange rate;
(C) protracted, large scale intervention in global
currency markets in one direction, by buying or selling
United States dollars, to weaken or strengthen a
currency; or
(D) other mechanisms used by a country to maintain
its currency at at fixed exchange rate relative to the
currency of another country.
(2) GATT 1994.--The term ``GATT 1994'' has the meaning
given that term in section 2 of the Uruguay Round Agreements
Act (19 U.S.C. 3501).
(3) Agreement on subsidies and countervailing measures.--
The term ``Agreement on Subsidies and Countervailing Measures''
means the Agreement on Subsidies and Countervailing Measures
referred to in section 101(d)(12) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(12)). | Currency Manipulation Prevention Act - Amends the Trade Act of 2002 to state that the principal negotiating objective of the United States with respect to currency exchange rates is to ensure that governmental intervention in currency markets is of limited duration and is carried out in consultation with countries with major trading partners.
Directs the Secretary of Commerce to submit biannual reports: (1) describing actions by foreign governments to manipulate their currencies to increase their exports and to limit imports from the United States; (2) analyzing the impact of such currency manipulation on the U.S. manufacturing sector and on U.S. monetary policy; and (3) setting forth remedies against such currency manipulation.
Directs the President to: (1) negotiate with any country identified by the Secretary of Commerce as engaging in currency manipulation to end such practice; and (2) seek compensation from such country (if in the national interest) for the damages incurred by U.S. manufacturers. | To require certain actions to be taken against countries that manipulate their currencies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peer-Support Specialist Act of
2017''.
SEC. 2. REPORT ON BEST PRACTICES FOR PEER-SUPPORT SPECIALIST PROGRAMS,
TRAINING, AND CERTIFICATION.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Health and Human Services shall submit to
the Congress and make publicly available a report on best practices and
professional standards in States for--
(1) establishing and operating health care programs using
peer-support specialists; and
(2) training and certifying peer-support specialists.
(b) Peer-Support Specialist Defined.--In this subsection, the term
``peer-support specialist'' means an individual who--
(1)(A) uses his or her lived experience of recovery from
mental illness or a substance use disorder, plus skills learned
in formal training, to facilitate support groups, and to work
on a one-on-one basis, with individuals with a serious mental
illness or a substance use disorder;
(B) has benefitted or is benefitting from mental health or
substance use treatment services or supports;
(C) provides non-medical services; and
(D) performs services only within his or her area of
training, expertise, competence, or scope of practice;
(2)(A) uses his or her lived experience as the parent or
caregiver of an individual with mental illness or a substance
use disorder, plus skills learned in formal training, to
facilitate support groups, and to work on a one-on-one basis,
with individuals with a serious mental illness or a substance
use disorder;
(B) provides non-medical services; and
(C) performs services only within his or her area of
training, expertise, competence, or scope of practice; or
(3) otherwise meets criteria specified by the Secretary of
Health and Human Services for defining a peer-support
specialist.
(c) Contents.--The report under this subsection shall include
information on best practices and standards with regard to the
following:
(1) Hours of formal work or volunteer experience related to
mental health and substance use issues.
(2) Types of peer support specialists used by different
health care programs.
(3) Types of peer specialist exams required.
(4) Code of ethics.
(5) Additional training required prior to certification,
including in areas such as--
(A) ethics;
(B) scope of practice;
(C) crisis intervention;
(D) State confidentiality laws;
(E) Federal privacy protections, including under
the Health Insurance Portability and Accountability Act
of 1996; and
(F) other areas as determined by the Secretary of
Health and Human Services.
(6) Requirements to explain what, where, when, and how to
accurately complete all required documentation activities.
(7) Required or recommended skill sets, such as knowledge
of--
(A) risk indicators, including individual
stressors, triggers, and indicators of escalating
symptoms;
(B) basic de-escalation techniques;
(C) basic suicide prevention concepts and
techniques;
(D) identifying and responding to trauma;
(E) stages of change or recovery;
(F) the typical process that should be followed to
access or participate in community mental health and
related services;
(G) effectively working in care teams and
facilitating the coordination of services; and
(H) supporting individuals in meeting the
consumer's recovery goals.
(8) Requirements for continuing education.
SEC. 3. PEER PROFESSIONAL WORKFORCE DEVELOPMENT GRANT PROGRAM.
(a) In General.--For the purposes described in subsection (b), the
Secretary of Health and Human Services shall award grants to develop
and sustain behavioral health paraprofessional training and education
programs, including through tuition support.
(b) Purposes.--The purposes of grants under this section are--
(1) to increase the number of behavioral health
paraprofessionals, including trained peers, recovery coaches,
mental health and addiction specialists, prevention
specialists, and pre-masters-level addiction counselors; and
(2) to help communities develop the infrastructure to train
and certify peers as behavioral health paraprofessionals,
including necessary internship hours for credentialing.
(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a community college, training or
credentialing program, or other entity the Secretary of Health and
Human Services deems appropriate.
(d) Geographic Distribution.--In awarding grants under this
section, the Secretary of Health and Human Services shall seek to
achieve an appropriate national balance in the geographic distribution
of such awards.
(e) Special Consideration.--In awarding grants under this section,
the Secretary of Health and Human Services may give special
consideration to proposed and existing programs targeting peer
professionals serving youth ages 16 to 25.
(f) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $100,000,000 for each of fiscal
years 2018 through 2022. | Peer-Support Specialist Act of 2017 This bill requires the Department of Health and Human Services (HHS) to award grants to eligible entities to develop and sustain behavioral health paraprofessional training and education programs, including through tuition support. Eligible entities are community colleges, training or credentialing programs, and other entities deemed appropriate by HHS. HHS must report on and publish best practices and professional standards in states for: (1) establishing and operating health care programs using peer-support specialists, and (2) training and certifying peer-support specialists. | Peer-Support Specialist Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business and Farm Energy
Emergency Relief Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a significant number of small businesses in the United
States, non-farm as well as agricultural producers, use heating
oil, natural gas, propane, kerosene, or electricity to heat
their facilities and for other purposes;
(2) a significant number of small businesses in the United
States sell, distribute, market, or otherwise engage in
commerce directly related to heating oil, natural gas, propane,
and kerosene; and
(3) sharp and significant increases in the price of heating
oil, natural gas, propane, or kerosene--
(A) disproportionately harm small businesses
dependent on those fuels or that use, sell, or
distribute those fuels in the ordinary course of their
business, and can cause them substantial economic
injury;
(B) can negatively affect the national economy and
regional economies;
(C) have occurred in the winters of 1983-1984,
1988-1989, 1996-1997, and 1999-2000; and
(D) can be caused by a host of factors, including
global or regional supply difficulties, weather
conditions, insufficient inventories, refinery
capacity, transportation, and competitive structures in
the markets, causes that are often unforeseeable to
those who own and operate small businesses.
SEC. 3. SMALL BUSINESS ENERGY EMERGENCY DISASTER LOAN PROGRAM.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting after paragraph (3) the following:
``(4)(A) In this paragraph--
``(i) the term `heating fuel' means heating oil,
natural gas, propane, or kerosene; and
``(ii) the term `sharp and significant increase'
shall have the meaning given that term by the
Administrator, in consultation with the Secretary of
Energy.
``(B) The Administration may make such loans, either
directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediate
or deferred basis, to assist a small business concern that has
suffered or that is likely to suffer substantial economic
injury as the result of a sharp and significant increase in the
price of heating fuel or electricity.
``(C) Any loan or guarantee extended pursuant to this
paragraph shall be made at the same interest rate as economic
injury loans under paragraph (2).
``(D) No loan may be made under this paragraph, either
directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediate
or deferred basis, if the total amount outstanding and
committed to the borrower under this subsection would exceed
$1,500,000, unless such applicant constitutes a major source of
employment in its surrounding area, as determined by the
Administration, in which case the Administration, in its
discretion, may waive the $1,500,000 limitation.
``(E) For purposes of assistance under this paragraph--
``(i) a declaration of a disaster area based on
conditions specified in this paragraph shall be
required, and shall be made by the President or the
Administrator; or
``(ii) if no declaration has been made pursuant to
clause (i), the Governor of a State in which a sharp
and significant increase in the price of heating fuel
or electricity has occurred may certify to the
Administration that small business concerns have
suffered economic injury as a result of such increase
and are in need of financial assistance which is not
available on reasonable terms in that State, and upon
receipt of such certification, the Administration may
make such loans as would have been available under this
paragraph if a disaster declaration had been issued.
``(F) Notwithstanding any other provision of law, loans
made under this paragraph may be used by a small business
concern described in subparagraph (B) to convert from the use
of heating fuel or electricity to a renewable or alternative
energy source, including agriculture and urban waste,
geothermal energy, cogeneration, solar energy, wind energy, and
fuel cells.''.
(b) Conforming Amendments Relating to Heating Fuel and
Electricity.--Section 3(k) of the Small Business Act (15 U.S.C. 632(k))
is amended--
(1) by inserting ``, sharp and significant increases in the
price of heating fuel or electricity'' after ``civil
disorders''; and
(2) by inserting ``other'' before ``economic''.
SEC. 4. AGRICULTURAL PRODUCER EMERGENCY LOANS.
(a) In General.--Section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) is amended--
(1) in the first sentence--
(A) by striking ``operations have'' and inserting
``operations (i) have''; and
(B) by inserting before ``: Provided,'' the
following: ``, or (ii)(I) are owned or operated by such
an applicant that is also a small business concern (as
defined in section 3 of the Small Business Act (15
U.S.C. 632)), and (II) have suffered or are likely to
suffer substantial economic injury on or after June 1,
2000, as the result of a sharp and significant increase
in energy costs or input costs from energy sources
occurring on or after June 1, 2000, in connection with
an energy emergency declared by the President or the
Secretary'';
(2) in the third sentence, by inserting before the period
at the end the following: ``or by an energy emergency declared
by the President or the Secretary''; and
(3) in the fourth sentence--
(A) by inserting ``or energy emergency'' after
``natural disaster'' each place it appears; and
(B) by inserting ``or declaration'' after
``emergency designation''.
(b) Funding.--Funds available on the date of enactment of this Act
for emergency loans under subtitle C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961 et seq.) made to meet the needs
resulting from natural disasters shall be available to carry out the
amendments made by subsection (a).
SEC. 5. GUIDELINES.
Not later than 30 days after the date of enactment of this Act, the
Administrator of the Small Business Administration and the Secretary of
Agriculture shall each issue such guidelines as the Administrator and
the Secretary, as applicable, determines to be necessary to carry out
this Act and the amendments made by this Act.
SEC. 6. REPORTS.
(a) Small Business.--Not later than 18 months after the date of
final publication by the Administrator of the Small Business
Administration of the guidelines issued under section 5, the
Administrator shall submit to the Committee on Small Business of the
Senate and the Committee on Small Business of the House of
Representatives, a report on the effectiveness of the program
established under section 7(b)(4) of the Small Business Act, as added
by this Act, including--
(1) the number of small businesses that applied to
participate in the program and the number of those that
received loans under the program;
(2) the dollar value of those loans;
(3) the States in which the small business concerns that
participated in the program are located;
(4) the type of heating fuel or energy that caused the
sharp and significant increase in the cost for the
participating small business concerns; and
(5) recommendations for improvements to the program, if
any.
(b) Agriculture.--Not later than 18 months after the date of final
publication by the Secretary of Agriculture of the guidelines issued
under section 5, the Secretary shall submit to the Committees on Small
Business and Agriculture, Nutrition, and Forestry of the Senate and the
Committees on Small Business and Agriculture of the House of
Representatives, a report on the effectiveness of loans made available
as a result of the amendments made by section 4, together with
recommendations for improvements to the loans, if any.
SEC. 7. EFFECTIVE DATE.
(a) Small Business.--The amendments made by this Act shall apply
during the 2-year period beginning on the date of final publication of
guidelines under section 5 by the Administrator, with respect to
assistance under section 7(b)(4) of the Small Business Act (15 U.S.C.
636(b)), as added by this Act, to economic injury suffered or likely to
be suffered as the result of--
(1) sharp and significant increases in the price of heating
fuel occurring on or after November 1, 2000; or
(2) sharp and significant increases in the price of
electricity occurring on or after June 1, 2000.
(b) Agriculture.--The amendments made by section 4 shall apply
during the 2-year period beginning on the date of final publication of
guidelines under section 5 by the Secretary of Agriculture.
Passed the Senate March 26, 2001.
Attest:
GARY SISCO,
Secretary. | Small Business and Farm Energy Emergency Relief Act of 2001 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to make disaster loans to assist small businesses that have suffered or are likely to suffer substantial economic injury as the result of a sharp and significant increase in the price of heating fuel or electricity. Prohibits any such loan from being made if the total amount outstanding and committed to the borrower would exceed $1.5 million, unless the applicant is a major source of employment in its surrounding area. Requires, for such assistance: (1) a declaration of a disaster by the President or the SBA Administrator; or (2) a certification from the governor of the State that its small businesses have suffered such economic injury and are in need of assistance which is not otherwise available.Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to make loans to farm operations that qualify as a small business and have or are likely to suffer substantial economic injury from a sharp and significant increase in energy costs or input costs from energy sources occurring on or after June 1, 2000, in connection with an energy emergency declared by the President or the Secretary.Requires the SBA Administrator and the Secretary to report to specified congressional committees on the effectiveness of such loan programs. | A bill to provide emergency relief to small businesses affected by significant increases in the prices of heating oil, natural gas, propane, and kerosene, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Prescription Drug Disposal and
Education Act''.
SEC. 2. PRESCRIPTION DRUG DISPOSAL.
(a) Delivery of Controlled Substances by Ultimate Users for
Disposal.--
(1) Regulatory authority.--Section 302 of the Controlled
Substances Act (21 U.S.C. 822) is amended by adding at the end
the following:
``(g)(1) For the purpose of carrying out a grant program
established by the Attorney General under section 2(b) of the Safe
Prescription Drug Disposal and Education Act--
``(A) an ultimate user (or an individual authorized to act
on behalf of the ultimate user) who has lawfully obtained a
controlled substance in accordance with this title may, without
being registered, deliver the controlled substance to another
person for the purpose of disposal of the controlled substance;
and
``(B) a person to whom such controlled substance is being
delivered may, without being registered, receive such
controlled substance for such purpose.
The Attorney General shall issue regulations to carry out this
subsection. Such regulations shall be consistent with the public health
and safety and ensure the safe disposal of any controlled substances
handled, delivered, received, or disposed under this subsection.''.
(2) Conforming amendment.--Section 308(b) of the Controlled
Substances Act (21 U.S.C. 828(b)) is amended--
(A) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(B) by adding at the end the following:
``(3) the delivery or receipt of such a substance for the
purpose of disposal by a person acting in accordance with
section 302(g).''.
(b) Prescription Drug Disposal Units.--
(1) Program established.--The Attorney General may make
grants to eligible entities to establish and operate
prescription drug disposal units for individuals to dispose of
any prescription drug that such individuals no longer need or
want, or that has expired at locations that the Attorney
General determines are appropriate pursuant to State and local
requirements related to waste or hazardous waste management and
any regulations issued by the Food and Drug Administration.
(2) Eligibility.--For purposes of this section, an eligible
entity is a State, unit of local government, nonprofit
organization, local educational agency, Indian tribe, a
Federal, State, and local governmental agency, corporation,
community coalition, or any combination thereof.
(3) Use of funds.--An eligible entity receiving a grant
under this section shall use the amounts received under such
grant only for each of the following purposes:
(A) To provide for the establishment, installation,
replacement, maintenance, or operation of prescription
drug disposal units meeting the requirements of
subsection (e).
(B) To hire a reverse distributor (as such term is
defined in section 1300.01 of title 21 of the Code of
Federal Regulations as of the date of the enactment of
this Act), an appropriate waste or hazardous waste
management organization, or any other appropriate
entity in the State or unit of local government, to
collect items contained in the prescription drug
disposal units funded with amounts from the grant and
dispose of such items.
(4) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Attorney
General an application at such time, in such manner, and
containing such information as the Attorney General may
require.
(5) Prescription drug disposal unit requirements.--Each
prescription drug unit funded with amounts from a grant under
this section shall meet the following requirements:
(A) The unit shall be secure against the risk of
theft and access by unauthorized individuals.
(B) The unit shall be placed in a location that is
easily accessible to individuals seeking to dispose of
prescription drugs.
(C) The unit shall be clearly and conspicuously
marked with ``Prescription Drug Drop-Off Box''.
(6) Condition.--As a condition of receiving a grant under
this section, an eligible entity receiving a grant shall agree
to comply with any rules promulgated by the Attorney General
regarding the safe and regular disposal of the prescription
drugs contained in each prescription drug disposal unit funded
by amounts from such grant.
(7) Selection of grant recipients.--
(A) Selection criteria.--The Attorney General shall
issue regulations to establish selection criteria for
grants under this section.
(B) Geographic distribution of grants.--The
Attorney General shall ensure that, to the extent
reasonable and practicable, an equitable geographic
distribution of grant awards is made that considers the
special needs of rural and urban communities.
(8) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of fiscal years 2011
through 2014 to carry out this section.
SEC. 3. PRESCRIPTION DRUG ABUSE EDUCATION.
(a) Public Education Campaign.--The Director of National Drug
Control Policy, in consultation with the Administrator of the
Environmental Protection Agency, shall carry out a public education and
outreach campaign to increase awareness of how ultimate users may
lawfully and safely dispose of prescription drugs, including controlled
substances, through drug take-back programs and other appropriate
means.
(b) Educational Program Grants.--
(1) Educational programs to prevent prescription drug
abuse.--The Attorney General may make grants to eligible
entities to design and implement educational programs on the
abuse of the following items:
(A) Prescription drugs.
(B) Household items that may be used to have an
altering effect on perception, emotion, or behavior
similar to that caused by the use of psychotropic
drugs.
(2) Eligibility.--For purposes of this section, an eligible
entity is an entity described in section 2(b) of this Act.
(3) Use of funds.--An eligible entity receiving a grant
under this section shall use the amounts received from such
grant to develop and implement educational programs designed to
educate students in the sixth through twelfth grades and
parents and legal guardians of such students, on topics related
to the abuse of prescription drugs, including the following:
(A) The health risks and legal liability posed by
the abuse of the items described in paragraphs (1) and
(2) of subsection (a).
(B) The dangers posed by stealing prescription
drugs from other individuals.
(C) For a parent or legal guardian, indications
that a student may be abusing the items described in
paragraphs (1) and (2) of subsection (a).
(D) The behaviors that can lead to the abuse of
such items.
(E) Available methods for the safe disposal and
collection of such items.
(F) Resources available for an intervention in the
case of a person who has been abusing such items.
(4) Application.--To be eligible to be selected to receive
a grant under this section, an eligible entity shall submit to
the Attorney General an application at such time, in such
manner, and containing such information as the Attorney General
may require.
(5) Selection of grant recipients.--
(A) In general.--In selecting recipients for grants
under this section, the Attorney General shall--
(i) consult with the peer review committee
established under paragraph (2);
(ii) give priority to any eligible entity
in connection with an application submitted
under subsection (d) that demonstrates
community support for the application; and
(iii) ensure that, to the extent reasonable
and practical, an equitable geographic
distribution of grant awards is made that
considers the special needs of rural and urban
communities.
(B) Peer review committee.--
(i) In general.--The Attorney General shall
establish a peer review committee to review
applications for a grant under this section and
to submit to the Attorney General
recommendations on which applications should be
approved for a grant, which shall consist of 7
members appointed by the Attorney General.
(ii) Composition.--Such committee shall be
composed of at least one of each of the
following individuals:
(I) A substance abuse counselor.
(II) A psychological counselor.
(III) A public health official.
(IV) A physician.
(V) A community anti-drug coalition
leader.
(VI) An appopriate member of a
State or local law enforcement agency.
(iii) Basic pay.--Members of the committee
shall serve without pay.
(iv) Terms.--Each member of the committee
shall serve for two years and may serve for as
many successive terms as the member agrees to
serve and as the Attorney General may request.
(v) Vacancies.--If a vacancy occurs on such
committee, the Attorney General shall appoint a
new member in the same manner as the initial
appointment was made under this subsection.
(6) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of fiscal years 2011
through 2014 to carry out this section. | Safe Prescription Drug Disposal and Education Act - Amends the Controlled Substances Act to permit, for purposes of carrying out the grant program established by this Act for drug disposal units: (1) an ultimate user (or an authorized agent of the ultimate user) who has lawfully obtained a controlled substance to deliver such substance, without being registered, to another person for disposal; and (2) such person to receive such substance for disposal, without being registered.
Authorizes the Attorney General to make grants to an eligible entity (i.e., a state, local government, local educational agency, Indian tribe, a federal, state, or local governmental agency, corporation, community coalition, or any combination of such entities) to: (1) establish and operate prescription drug disposal units for disposal of unneeded or expired prescription drugs; and (2) design and implement educational programs on the abuse of prescription drugs and on household items that may be used to cause perception, emotion, or behavior similar to that caused by the use of psychotropic drugs.
Directs the Director of National Drug Control Policy to carry out a public education and outreach campaign to increase awareness of how ultimate users may lawfully and safely dispose of prescription drugs, including controlled substances, through drug take-back programs. | To authorize the Attorney General to make grants to States, units of local government, Indian tribes, and other entities for prescription drug disposal units and for prescription drug abuse education. |
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