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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghan Allies Protection Amendments
Act of 2018''.
SEC. 2. SPECIAL IMMIGRANT VISAS FOR AFGHAN ALLIES.
(a) In General.--Section 602(b)(2)(A)(ii) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended, in the matter
preceding subclause (I), by inserting ``for the first time'' after
``submitting a petition''.
(b) Numerical Limitations.--Section 602(b)(3) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Fiscal year 2019.--
``(i) In general.--In addition to any
unused balance under subparagraph (F), for
fiscal year 2019, not more than 4,000 principal
aliens may be granted special immigrant status
under this subsection.
``(ii) Period of employment.--For purposes
of this subparagraph, the period of employment
referred to in paragraph (2)(A)(ii) shall end
not later than December 31, 2021.
``(iii) Application.--For purposes of this
subparagraph, not later than December 31, 2021,
a principal alien seeking special immigrant
status under this subsection shall submit an
application to the Chief of Mission.''.
(2) by striking subparagraph (C) and inserting the
following:
``(C) Carry forward.--If the numerical limitation
described in subparagraph (A)(i) is not reached for
fiscal year 2019, the numerical limitation for each
subsequent fiscal year shall be established at a number
equal to the difference between--
``(i) the numerical limitation described in
subparagraph (A)(i); and
``(ii) the number of principal aliens
granted special immigrant status under this
subsection during each fiscal year beginning in
fiscal year 2019.'';
(3) in subparagraph (D), by striking ``notwithstanding the
provisions of paragraph (C),''; and
(4) in subparagraph (F)--
(A) in clause (i), by striking ``2020'' and
inserting ``2020;'';
(B) in clause (ii), by striking ``2020'' and
inserting ``2020;'';
(C) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and
indenting appropriately;
(D) in the matter preceding subclause (I) (as so
redesignated), in the second sentence, by striking
``For purposes'' and inserting the following:
``(ii) Requirements.--For purposes'';
(E) in the matter preceding clause (ii) (as so
designated)--
(i) by striking ``exhausted,,'' and
inserting ``exhausted,''; and
(ii) by striking ``In addition'' and
inserting the following:
``(i) In general.--In addition''; and
(F) by adding at the end the following:
``(iii) Unused visas.--Any unused balance
under this subparagraph shall be added to the
number under subparagraph (A)(i) for use in
fiscal year 2019.''.
(c) Conversion of Petitions.--Section 2 of Public Law 110-242 (8
U.S.C. 1101 note) is amended by striking subsection (b) and inserting
the following:
``(b) Duration.--The authority under subsection (a) shall expire on
the date on which the numerical limitation specified under section 1244
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 8 U.S.C. 1157 note) is reached.''.
(d) Report Reform.--Section 602 of the Afghan Allies Protection Act
of 2009 (8 U.S.C. 1101 note) is amended--
(1) in subsection (b)--
(A) by striking paragraph (10);
(B) by redesignating paragraphs (11) through (16)
as paragraphs (10) through (15), respectively;
(C) in paragraph (11)(A) (as so redesignated), by
striking ``the National Defense Authorization Act for
Fiscal Year 2014'' and inserting ``this Act'';
(D) in paragraph (12) (as so redesignated), by
striking ``paragraph (12)(B)'' and inserting
``paragraph (11)(B)''; and
(E) in paragraph (13) (as so redesignated), in the
matter preceding subparagraph (A), by striking ``a
report to the'' and all that follows through ``House of
Representatives'' and inserting ``a report to the
appropriate committees of Congress'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c). | Afghan Allies Protection Amendments Act of 2018 This bill amends the Afghan Allies Protection Act of 2009 to authorize, in addition to any unused visas in prior fiscal years, up to 4,000 visas in FY2019 for the Afghan special immigrant visa program. That program provides special immigrant visa status for Afghans (and certain family members) who are threatened because of their work as translators, interpreters, or support staff for the U.S. government or its Armed Forces in Afghanistan. The bill also requires that the period of employment for Afghans eligible for the special visa end by December 31, 2021, and that Afghans seeking special immigrant status must apply to the Chief of Mission in Afghanistan by that same date. | Afghan Allies Protection Amendments Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Health Protection and
Promotion Act''.
SEC. 2. SENSE OF CONGRESS ON PUBLIC HEALTH AND CLIMATE CHANGE.
It is the sense of Congress that the Federal Government, in
cooperation with international, State, tribal, and local governments,
concerned public and private organizations, and citizens, should use
all practicable means and measures--
(1) to assist the efforts of public health and health care
professionals, first responders, States, tribes,
municipalities, and local communities to incorporate measures
to prepare health systems to respond to the impacts of climate
change;
(2) to ensure--
(A) that the Nation's health professionals have
sufficient information to prepare for and respond to
the adverse health impacts of climate change;
(B) the utility and value of scientific research in
advancing understanding of--
(i) the health impacts of climate change;
and
(ii) strategies to prepare for and respond
to the health impacts of climate change;
(C) the identification of communities vulnerable to
the health effects of climate change and the
development of strategic response plans to be carried
out by health professionals for those communities;
(D) the improvement of health status and health
equity through efforts to prepare for and respond to
climate change; and
(E) the inclusion of health policy in the
development of climate change responses;
(3) to encourage further research, interdisciplinary
partnership, and collaboration among stakeholders in order to--
(A) understand and monitor the health impacts of
climate change; and
(B) improve public health knowledge and response
strategies to climate change;
(4) to enhance preparedness activities, and public health
infrastructure, relating to climate change and health;
(5) to encourage each and every American to learn about the
impacts of climate change on health; and
(6) to assist the efforts of developing nations to
incorporate measures to prepare health systems to respond to
the impacts of climate change.
SEC. 3. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act limits the authority provided to or
responsibility conferred on any Federal department or agency by any
provision of any law (including regulations) or authorizes any
violation of any provision of any law (including regulations),
including any health, energy, environmental, transportation, or any
other law or regulation.
SEC. 4. NATIONAL STRATEGIC ACTION PLAN.
(a) Requirement.--
(1) In general.--The Secretary, not later than 2 years
after the date of enactment of this Act, on the basis of the
best available science, and in consultation pursuant to
paragraph (2), shall publish a strategic action plan to assist
health professionals in preparing for and responding to the
impacts of climate change on public health in the United States
and other nations, particularly developing nations.
(2) Consultation.--In developing or making any revision to
the national strategic action plan, the Secretary shall--
(A) consult with the Director of the Centers for
Disease Control and Prevention, the Administrator of
the Environmental Protection Agency, the Director of
the National Institutes of Health, the Secretary of
Energy, other appropriate Federal agencies, Indian
tribes, State and local governments, public health
organizations, and scientists, and other interested
stakeholders; and
(B) provide opportunity for public input.
(b) Contents.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall assist
health professionals in preparing for and responding
effectively and efficiently to the health effects of climate
change through measures including--
(A) developing, improving, integrating, and
maintaining domestic and international disease
surveillance systems and monitoring capacity to respond
to health-related effects of climate change, including
on topics addressing--
(i) water, food, and vector-borne
infectious diseases and climate change;
(ii) pulmonary effects, including responses
to aeroallergens;
(iii) cardiovascular effects, including
impacts of temperature extremes;
(iv) air pollution health effects,
including heightened sensitivity to air
pollution;
(v) hazardous algal blooms;
(vi) mental and behavioral health impacts
of climate change;
(vii) the health of refugees, displaced
persons, and vulnerable communities;
(viii) the implications for communities
vulnerable to health effects of climate change,
as well as strategies for responding to climate
change within these communities; and
(ix) local and community-based health
interventions for climate-related health
impacts;
(B) creating tools for predicting and monitoring
the public health effects of climate change on the
international, national, regional, State, and local
levels, and providing technical support to assist in
their implementation;
(C) developing public health communications
strategies and interventions for extreme weather events
and disaster response situations;
(D) identifying and prioritizing communities and
populations vulnerable to the health effects of climate
change, and determining actions and communication
strategies that should be taken to inform and protect
these communities and populations from the health
effects of climate change;
(E) developing health communication, public
education, and outreach programs aimed at public health
and health care professionals, and the general public,
to promote preparedness and response strategies
relating to climate change and public health, including
the identification of greenhouse gas reduction
behaviors that are health-promoting;
(F) developing academic and regional centers of
excellence devoted to--
(i) researching relationships between
climate change and health;
(ii) expanding and training the public
health workforce to strengthen the capacity of
such workforce to respond to and prepare for
the health effects of climate change;
(iii) creating and supporting academic
fellowships focusing on the health effects of
climate change; and
(iv) training senior health ministry
officials from developing nations to strengthen
the capacity of such nations to--
(I) prepare for and respond to the
health effects of climate change; and
(II) build an international network
of public health professionals with the
necessary climate change knowledge
base;
(G) using techniques, including health impact
assessments, to assess various climate change public
health preparedness and response strategies on
international, national, State, regional, tribal, and
local levels, and make recommendations as to the
strategies that best protect the public health;
(H)(i) assisting in the development,
implementation, and support of State, regional, tribal,
and local preparedness, communication, and response
plans (including with respect to the health departments
of such entities) to anticipate and reduce the health
threats of climate change; and
(ii) acting through the Director of the Centers for
Disease Control and Prevention or an appropriate
Federal agency, pursuing collaborative efforts to
develop, integrate, and implement such plans;
(I) acting through the Director of the Centers for
Disease Control and Prevention or an appropriate
Federal agency, creating a program to advance research
as it relates to the effects of climate change on
public health across Federal agencies, including
research to--
(i) identify and assess climate change
health effects preparedness and response
strategies;
(ii) prioritize critical public health
infrastructure projects related to potential
climate change impacts that affect public
health; and
(iii) coordinate preparedness for climate
change health impacts, including the
development of modeling and forecasting tools;
(J) providing technical assistance for the
development, implementation, and support of
preparedness and response plans to anticipate and
reduce the health threats of climate change in
developing nations; and
(K) carrying out other activities determined
appropriate by the Secretary to plan for and respond to
the impacts of climate change on public health.
(c) Revision.--The Secretary shall revise the national strategic
action plan not later than July 1, 2017, and every 4 years thereafter,
to reflect new information collected pursuant to implementation of the
national strategic action plan and otherwise, including information
on--
(1) the status of critical environmental health parameters
and related human health impacts;
(2) the impacts of climate change on public health; and
(3) advances in the development of strategies for preparing
for and responding to the impacts of climate change on public
health.
(d) Implementation.--
(1) Implementation through hhs.--The Secretary shall
exercise the Secretary's authority under this Act and other
Federal statutes to achieve the goals and measures of the
national strategic action plan.
(2) Other public health programs and initiatives.--The
Secretary and Federal officials of other relevant Federal
agencies shall administer public health programs and
initiatives authorized by statutes other than this Act, subject
to the requirements of such statutes, in a manner designed to
achieve the goals of the national strategic action plan.
(3) CDC.--In furtherance of the national strategic action
plan, the Director of the Centers for Disease Control and
Prevention shall--
(A) conduct scientific research to assist health
professionals in preparing for and responding to the
impacts of climate change on public health;
(B) provide funding for--
(i) research on the health effects of
climate change; and
(ii) preparedness planning on the
international, national, State, regional, and
local levels to respond to or reduce the burden
of health effects of climate change; and
(C) carry out other activities determined
appropriate by the Director to prepare for and respond
to the impacts of climate change on public health.
SEC. 5. ADVISORY BOARD.
(a) Establishment.--The Secretary shall establish a permanent
science advisory board comprised of not less than 10 and not more than
20 members.
(b) Appointment of Members.--The Secretary shall appoint the
members of the science advisory board from among individuals who--
(1) are recommended by the President of the National
Academy of Sciences; and
(2) have expertise in public health and human services,
climate change, and other relevant disciplines.
(c) Functions.--The science advisory board shall--
(1) provide scientific and technical advice and
recommendations to the Secretary on the domestic and
international impacts of climate change on public health,
populations and regions particularly vulnerable to the effects
of climate change, and strategies and mechanisms to prepare for
and respond to the impacts of climate change on public health;
and
(2) advise the Secretary regarding the best science
available for purposes of issuing the national strategic action
plan.
SEC. 6. REPORTS.
(a) Needs Assessment.--
(1) In general.--The Secretary shall seek to enter into, by
not later than 6 months after the date of enactment of this
Act, an agreement with the National Research Council and the
Institute of Medicine to complete a report that--
(A) assesses the needs for health professionals to
prepare for and respond to climate change impacts on
public health; and
(B) recommends programs to meet those needs.
(2) Submission.--The agreement under paragraph (1) shall
require the completed report to be submitted to Congress and
the Secretary and made publicly available not later than 1 year
after the date of the agreement.
(b) Climate Change Health Protection and Promotion Reports.--
(1) In general.--The Secretary shall offer to enter into,
not later than 6 months after the submission of the report
under subsection (a)(2), an agreement with the National
Research Council and the Institute of Medicine, under which the
National Research Council and the Institute of Medicine will
prepare periodic reports to aid health professionals in
preparing for and responding to the adverse health effects of
climate change that--
(A) review scientific developments on health
impacts of climate change; and
(B) recommend changes to the national strategic
action plan.
(2) Submission.--The agreement under paragraph (1) shall
require a report to be submitted to Congress and the Secretary
and made publicly available not later than July 1, 2016, and
every 4 years thereafter.
SEC. 7. DEFINITIONS.
In this Act:
(1) Health impact assessment.--The term ``health impact
assessment'' means a combination of procedures, methods, and
tools by which a policy, program, or project may be judged as
to its potential effects on the health of a population, and the
distribution of those effects within the population.
(2) National strategic action plan.--The term ``national
strategic action plan'' means the plan issued and revised under
section 4.
(3) Secretary.--Unless otherwise specified, the term
``Secretary'' means the Secretary of Health and Human Services.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
(b) Appropriations to HHS.--All funds appropriated to carry out
this Act shall be appropriated to the Secretary.
(c) Distribution of Funds by HHS.--In carrying out this Act, the
Secretary may make funds appropriated pursuant to this section
available to--
(1) other departments, agencies, and offices of the Federal
Government;
(2) foreign, State, tribal, and local governments; and
(3) such other entities as the Secretary determines
appropriate.
(d) Supplement, Not Replace.--It is the intent of Congress that
funds appropriated to carry out this Act should be used to supplement,
and not replace, existing sources of funding for public health. | Climate Change Health Protection and Promotion Act - Expresses the sense of Congress with respect to the impact of climate change on health systems. Directs the Secretary of Health and Human Services (HHS) to: (1) publish and implement a national strategic action plan to assist health professionals in preparing for and responding to the impact of climate change on public health in the United States and other nations, particularly developing nations; (2) revise the plan periodically to reflect new information; (3) establish a permanent science advisory board; and (4) contract with the National Research Council and the Institute of Medicine to assess the need for health professionals to prepare for and respond to the impact of climate change on public health. | Climate Change Health Protection and Promotion Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bank Accountability and Risk
Assessment Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The unprecedented Government intervention into the
financial markets in 2008 was required by a threat to our
Nation's economy from large, complex, and deeply inter-
connected financial institutions, many of which were on the
verge of failing.
(2) The necessary Government intervention in the financial
system placed hundreds of billions of taxpayer dollars at risk.
(3) Many of the financial institutions involved in the
crisis were so large and their dealings so intertwined that
their failures could have led to the collapse of America's
financial system.
(4) The scale of the banking system crisis put severe
strains on the Deposit Insurance Fund of the Federal Deposit
Insurance Corporation.
(5) The depository institutions that present a systemic
risk to the financial system would overwhelm the resources of
the Deposit Insurance Fund if one or more of them were to fail.
(6) Without a substantial increase in the Deposit Insurance
Fund, depository institutions that are deemed ``too-big-to-
fail'' will remain potential threats to the health of the
entire financial system and possibly place U.S. taxpayer
dollars at risk.
(7) It is inherently unfair to require the financial
institutions that are too small to be systemic risks, or that
do not become involved in the most risky, questionable, and
harmful financial practices, to share the financial
responsibility for the failures of these ``too-big-to-fail''
institutions.
(8) Large depository institutions whose failure may
threaten the safety and soundness of the entire financial
system should be assessed premiums based on their potential
risk to the system, not just on the deposits they hold.
(9) The Deposit Insurance Fund should be insulated against
potential financial crises, the financial institutions that
cause a crisis in the future must be held accountable, and U.S.
taxpayer dollars should not be placed at risk.
(b) Purpose.--The purpose of this Act is to maintain the safety and
soundness of the U.S. banking system by ensuring that the Federal
Deposit Insurance Corporations' Deposit Insurance Fund is adequately
capitalized to respond to the failures of large depository institutions
that would otherwise threaten our financial system and to return a
sense of fairness and accountability to the deposit insurance premium
assessment process.
SEC. 3. ACCOUNTING FOR ACTUAL RISK TO THE DEPOSIT INSURANCE FUND.
(a) Section 7(b)(1)(C) of the Federal Deposit Insurance Act is
amended to read as follows:
``(C) `Risk-based assessment system' defined.--For
purposes of this paragraph, the term `risk-based
assessment system' means a system for calculating a
depository institution's assessment based on--
``(i) the probability that the Deposit
Insurance Fund will incur a loss with respect
to the institution;
``(ii) the likely amount of any such loss;
``(iii) the risks to the Deposit Insurance
Fund attributable to such depository
institution and its affiliates, taking into
account--
``(I) the amount, different
categories, and concentrations of
assets of the insured depository
institution and its affiliates,
including both on-balance sheet and
off-balance sheet assets;
``(II) the amount, different
categories, and concentrations of
liabilities, both insured and
uninsured, contingent and
noncontingent, including both on-
balance sheet and off-balance sheet
liabilities, of the insured depository
institution and its affiliates; and
``(III) any other factors the
Corporation determines are relevant to
assessing the risks; and
``(iv) the revenue needs of the Deposit
Insurance Fund.''.
(b) Section 7(b)(1) of the Federal Deposit Insurance Act is further
amended by redesignating subparagraphs (E) and (F) as subparagraphs (F)
and (G), respectively, and by adding the following new subparagraph
(E):
``(E) Systemic risk premium.--
``(i) In addition to any annual assessment
imposed under paragraph (2) or special
assessment imposed under paragraph (5), the
Board of Directors shall impose a systemic risk
assessment, at least annually, on all
systemically important depository institutions.
For purposes of the subparagraph, `systemically
important depository institution' shall mean an
insured depository institution that is
designated as systemically important by the
Corporation, in consultation with the Secretary
of the Treasury and the Board of Governors of
the Federal Reserve System, or that is an
affiliate of a depository institution holding
company or, in the case of an industrial loan
company, controlling parent company designated
as systemically important by the Corporation,
in consultation with the Secretary of the
Treasury and the Board of Governors of the
Federal Reserve System.
``(ii) In designating an insured depository
institution, depository institution holding
company, or controlling parent company as
systemically important, the Corporation shall
take into account:
``(I) the amount, different
categories, and concentrations of
assets of the entity and its
affiliates, including both on-balance
sheet and off-balance sheet assets;
``(II) the amount, different
categories, and concentrations of
liabilities, both insured and
uninsured, contingent and
noncontingent, including both on-
balance sheet and off-balance sheet
liabilities, of the entity and its
affiliates;
``(III) the activities of the
entity and its affiliates;
``(IV) the relevant market share of
the entity and its affiliates; and
``(V) the potential adverse effects
on economic conditions and financial
stability, in the event any of the
grounds in (c)(5) were to exist with
respect to such entity.''.
(c) Section 7(b)(2) of the Federal Deposit Insurance Act is amended
by striking paragraph (D) and by redesignating subparagraph (C) as
subparagraph (D).
SEC. 4. CREATING A RISK-FOCUSED ASSESSMENT BASE.
Section 7(b)(2), as amended, is further amended by adding the
following new subparagraph (C):
``(C) Assessment base.--The assessment of any
insured depository institution imposed under this
subsection shall be an amount equal to the product of--
``(i) an assessment rate established by the
Corporation; and
``(ii) the amount of the insured depository
institution's average total assets during the
assessment period minus the amount of the
insured depository institution's average
tangible equity during the assesssment
period.''. | Bank Accountability and Risk Assessment Act of 2009 - Amends the Federal Deposit Insurance Act to require the risk-based assessment system (used to determine the premiums owed by insured depository institutions) to consider, in addition to existing factors, the risks posed to the Deposit Insurance Fund by: (1) the affiliates of a depository institution; and (2) the off-balance sheet assets and liabilities of depository institutions and their affiliates.
Directs the Federal Deposit Insurance Corporation (FDIC) to impose a systemic risk assessment, at least annually, and in addition to the regular annual assessment and emergency special assessments, on all systemically important depository institutions.
Repeals the declaration that no insured depository institution shall be barred from the lowest-risk category solely because of size. (Thus allows an insured depository institution to be barred from the lowest-risk category solely because of size.)
Bases the regular annual assessment on an assessment rate established by the FDIC and an insured depository institution's average total assets minus its average tangible equity during the assessment period. | To amend the Federal Deposit Insurance Act to return a sense of fairness and accountability to the deposit insurance premium assessment process, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovation Act of 2008''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Eligible contestant.--The term ``eligible contestant''
means--
(A) a citizen or resident alien of the United
States; or
(B) a private company that is incorporated in the
United States and that maintains a primary place of
business in the United States.
(2) Outer continental shelf.--The term ``Outer Continental
Shelf'' has the meaning given such term in section 2 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. ALTERNATIVE FUEL VEHICLE INNOVATION PRIZE.
(a) In General.--The Secretary shall carry out a program to be
referred to as the ``Alternative Fuel Vehicle Innovation Prize'' to
competitively award cash prizes to eligible contestants in conformity
with this Act to advance the research, development, demonstration, and
commercial application of alterative fuel vehicles.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation in the
program carried out under subsection (a).
(2) Announcement through federal register notice.--The
Secretary shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include the
subject of the competition, the duration of the competition,
the eligibility requirements for participation in the
competition, the process for participants to register for the
competition, the amount of the prize, and the criteria for
awarding the prize.
(c) Prizes; Selection Criteria.--
(1) Grand prize.--
(A) In general.--There shall be one grand prize of
$10,000,000,000.
(B) Prototype requirement.--In order to be eligible
to receive the grand prize under this section, an
eligible contestant must produce a prototype of an
alternative fuel vehicle.
(C) Selection criteria.--The Secretary shall
develop, in consultation with the Secretary of
Transportation and the Director of the National Science
Foundation, criteria on which to select the grand prize
winner. Such criteria shall include, at a minimum, the
following factors:
(i) The extent to which the prototype will
reduce the reliance of the United States on
foreign sources of energy.
(ii) The reduction in fuel costs of
operating the prototype compared to a similar
non-alternative fuel vehicle.
(iii) The extent to which the prototype
meets or exceeds Federal safety standards.
(iv) Whether the prototype has a fuel
economy of at least 100 miles per gallon.
(v) The extent to which the prototype
limits hazardous emissions compared to a
comparable non-alternative fuel vehicle.
(vi) The possibility of wide commercial
application, including the production of
vehicles that are not hindered by lack of
refueling infrastructure.
(vii) The estimated cost of the prototype,
if it were mass-produced, and whether such cost
is equivalent to the cost of a comparable non-
alternative fuel vehicle.
(viii) Whether the prototype could be mass-
produced in the United States.
(D) Deadline for awarding grand prize.--The
Secretary shall set a deadline of not later than 5
years after the date of the enactment of this Act for
awarding the grand prize.
(2) Additional prizes.--
(A) In general.--The Secretary may choose to award
no more than 5 additional prizes, with such additional
prizes having a total combined value of no more than
$100,000,000.
(B) Selection criteria.--Winners of additional
prizes shall be selected based on their demonstration
of--
(i) Substantial advancements in specific
areas of alternative vehicle technologies,
components, or systems; or
(ii) transformational changes in
technology.
(C) Deadline for awarding additional prizes.--The
Secretary shall set a deadline of not later than 5
years after the date of the enactment of this Act for
awarding any additional prizes.
(d) Judging.--
(1) In general.--The Secretary shall appoint 5 individuals
to serve as judges for the purpose of selecting the prize
winners under this section. The judges shall select the grand
prize winner based on the criteria developed under subsection
(c)(1)(C) and shall select any additional prize winners based
on the criteria described under subsection (c)(2)(B).
(2) Judge requirements.--In order to be appointed as a
judge, an individual may not have a financial interest in any
contestant and may not be an employee, officer, director,
agent, or family member of any contestant.
(e) Report.--Not later than 60 days after all prizes are awarded
under this section, the Secretary shall transmit a report to the
Congress containing--
(1) a list of award recipients;
(2) a description of the technologies developed by the
award recipients; and
(3) a description of the actions being taken toward the
commercial application of the technologies developed by the
award recipients.
(f) Intellectual Property.--The Federal Government shall not, by
virtue of offering or awarding a prize under this section, be entitled
to any intellectual property rights derived as a consequence of, or in
direct relation to, the participation by a participant in a competition
authorized by this section. This subsection shall not be construed to
prevent the Federal Government from negotiating a license for the use
of intellectual property developed for a prize competition under this
section. The Federal Government may seek assurances that technologies
for which prizes are awarded under this section are offered for
commercialization in the event an award recipient does not take, or is
not expected to take within a reasonable time, effective steps to
achieve practical application of the technology.
(g) Waiver of Liability.--The Secretary may require participants to
waive claims against the Federal Government for any injury, death,
damage, or loss of property, revenue, or profits arising from the
participants' participation in a competition under this section. The
Secretary shall give notice of any waiver required under this section
in the notice required by subsection (b)(2).
(h) Authorization of Appropriations.--There are authorized to be
appropriated from the Innovation Trust Fund such sums as may be
necessary to carry out the provisions of this section.
SEC. 4. INNOVATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Innovation Trust
Fund'', consisting of such amounts as may be appropriated or credited
to the Innovation Trust Fund as provided for in this section.
(b) Transfers to the Trust Fund.--The Secretary of the Treasury
shall transfer to the Innovation Trust Fund out of the general fund of
the Treasury of the United States amounts equivalent to the funds
received in the Treasury that the Secretary of the Treasury, in
consultation with the Secretary of the Interior, determines are
attributable to the exploration for, development of, or production of
oil, natural gas, or oil shale located on Federal lands, including
submerged lands, in the Outer Continental Shelf or in the Arctic
National Wildlife Refuge.
(c) Investment.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Innovation Trust Fund as is not in his
judgment required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the United
States. For such purpose, such obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(2) Sale of obligations.--Any obligation acquired by the
Innovation Trust Fund may be sold by the Secretary of the
Treasury at the market price.
(3) Interest on certain proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Innovation Trust Fund shall be credited to and form a
part of the Innovation Trust Fund.
(d) Expenditures From Trust Fund.--Amounts in the Innovation Trust
Fund shall be made available, as provided by appropriation Acts--
(1) to carry out the Alternative Fuel Vehicle Innovation
Prize described in section 3; and
(2) to reduce the public debt pursuant to section 5.
(e) Availability.--Amounts in the Innovation Trust Fund shall
remain available until expended.
SEC. 5. PUBLIC DEBT REDUCTION.
(a) In General.--The Secretary of the Treasury shall, from time to
time, transfer to the special account established by section 3113(d) of
title 31, United States Code, amounts in the Innovation Trust Fund that
the Secretary of the Treasury determines are not required to carry out
the Alternative Fuel Vehicle Innovation Prize under section 3.
(b) Authorization of Appropriations.--There are authorized to be
appropriated from the Innovation Trust Fund such sums as may be
necessary to carry out this section.
SEC. 6. TERMINATION OF RESTRICTIONS ON OIL AND NATURAL GAS DEVELOPMENT
ON CERTAIN FEDERAL LANDS.
(a) Outer Continental Shelf.--
(1) Termination of laws prohibiting expenditures for
natural gas leasing and preleasing activities.--All provisions
of existing Federal law prohibiting the spending of
appropriated funds to conduct oil or natural gas leasing and
preleasing activities for any area of the Outer Continental
Shelf shall have no force or effect.
(2) Revocation of existing presidential withdrawals.--All
existing withdrawals by the President under the authority of
section 12 of the Outer Continental Shelf Lands Act (43 U.S.C.
1341) are hereby revoked and are no longer in effect with
respect to the leasing of areas for exploration for, and
development and production of, oil or natural gas.
(3) Revocation of existing presidential authority.--All
authorities given to the President with respect to the leasing
of Federal submerged lands of the Outer Continental Shelf,
given under section 12(a) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1341(a)), are hereby revoked, except in the
interest of national security or military operations.
(b) Coastal Plain of Alaska.--Sections 1002(i) and 1003 of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3142(i) and
3143) are repealed. | American Innovation Act of 2008 - Directs the Secretary of Energy to carry out the Alternative Fuel Vehicle Innovation Prize program to award cash prizes to eligible contestants to advance the research, development, demonstration, and commercial application of alternative fuel vehicles, including: (1) a $10 billion grand prize for the production of a prototype alternative fuel vehicle meeting fuel efficiency, emissions, cost, and commercial application criteria; and (2) $100 million in additional prizes for substantial advancements in specific areas of alternative vehicle technologies, components, or systems or for transformational changes in technology.
Establishes the Innovation Trust Fund in the Treasury, to be funded with amounts attributable to the exploration for, development of, or production of oil, natural gas, or oil shale located on federal lands in the Outer Continental Shelf (OCS) or in the Arctic National Wildlife Refuge (ANWR). Directs the Secretary of the Treasury to transfer amounts in the Fund that are not required to carry out this Act to the account for public debt reduction.
Declares without force or effect all existing federal law prohibiting spending appropriated funds to conduct oil or natural gas leasing and preleasing activities for any area of OCS.
Revokes all presidential: (1) withdrawals from leasing under the Outer Continental Shelf Lands Act of areas for exploration for, and development and production of, oil or natural gas; and (2) authorities to withdraw from disposition any unleased OCS lands, except in the interest of natural security or military operations.
Amends the Alaska National Interest Lands Conservation Act to repeal provisions: (1) withdrawing public lands within the coastal plain of ANWR from entry or appropriation under U.S. mining laws and from operation of U.S. mineral leasing laws; and (2) prohibiting production, or development leading to production, of oil and gas from ANWR. | To establish a monetary prize for achievements in overcoming scientific and technical barriers associated with the development and production of alternative fuel vehicles, to remove certain restrictions on the exploration, development, and production of mineral resources on Federal lands, and to use the resulting Federal revenue to fund the monetary prize and reduce the public debt. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Bank Enforcement Act of
1996''.
SEC. 2. UNAUTHORIZED PARTICIPATION BY CONVICTED PERSONS.
Section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) is
amended--
(1) in subsection (a), by striking ``Corporation'' and
inserting ``appropriate Federal banking authority''; and
(2) by adding at the end the following new subsection:
``(c) Definition.--For purposes of this section--
``(1) the term `appropriate Federal banking authority'
means--
``(A) the Corporation, in the case of any insured
depository institution, except as specifically provided
in subparagraphs (B), (C), and (D), or in the case of
any insured branch of a foreign bank;
``(B) the Board of Governors of the Federal Reserve
System, in the case of any bank holding company and any
subsidiary thereof (other than a bank), uninsured State
branch or agency of a foreign bank, or any organization
organized and operated under section 25A of the Federal
Reserve Act or operating under section 25 of the
Federal Reserve Act;
``(C) the Comptroller of the Currency, in the case
of any Federal agency or uninsured Federal branch of a
foreign bank; and
``(D) the Office of Thrift Supervision, in the case
of any savings and loan holding company and any
subsidiary thereof (other than a bank or a savings
association) or any institution that is treated as an
insured bank under section 8(b)(9); and
``(2) the term `insured depository institution' shall be
deemed to include any institution treated as an insured bank
under paragraph (3), (4), or (5) of section 8(b) or as a
savings association under section 8(b)(9).''.
SEC. 3. REMOVAL ACTIONS AGAINST PERSONS CONVICTED OF FELONIES.
Section 8(i)(3) of the Federal Deposit Insurance Act (12 U.S.C.
1818(i)(3)) is amended--
(1) by inserting ``, or any order pursuant to subsection
(g),'' after ``any notice''; and
(2) by inserting ``or order'' after ``such notice''.
SEC. 4. INTERNATIONAL COOPERATION.
Section 15 of the International Banking Act of 1978 (12 U.S.C.
3109) is amended by adding at the end the following new subsections:
``(c) Information Obtained From Foreign Supervisors.--
``(1) In general.--Except as provided in subsection (d),
the Board, the Comptroller, the Federal Deposit Insurance
Corporation, and the Office of Thrift Supervision shall not be
compelled to disclose information obtained from a foreign
supervisor if--
``(A) the foreign supervisor has, in good faith,
determined and represented to such agency that public
disclosure of the information would violate the laws
applicable to that foreign supervisor; and
``(B) the United States agency obtains such
information pursuant to--
``(i) such procedure as the agency may
authorize for use in connection with the
administration or enforcement of the banking
laws; or
``(ii) a memorandum of understanding.
``(2) Treatment under title 5.--For purposes of section 552
of title 5, United States Code, this subsection shall be
considered to be a statute described in subsection (b)(3)(B) of
such section 552.
``(d) Savings Provision.--Nothing in this section authorizes the
Board, the Comptroller, the Federal Deposit Insurance Corporation, or
the Office of Thrift Supervision to withhold information from the
Congress or to prevent such agency from complying with an order of a
court of the United States in an action commenced by the United States
or by such agency.''.
SEC. 5. TERMINATION OF FOREIGN BANK OFFICES IN THE UNITED STATES.
Section 7(e) of the International Banking Act of 1978 (12 U.S.C.
3105(e)) is amended by adding at the end the following new paragraph:
``(8) Provisions of a termination order.--An order issued
by the Board under paragraph (1) or by the Comptroller under
section 4(i) may contain such terms and conditions as the Board
or the Comptroller, as the case may be, deems appropriate to
carry out this subsection.''.
SEC. 6. DISCLOSURE OF CERTAIN MATTERS OCCURRING BEFORE GRAND JURY.
Section 3322(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``State or Federal''
before ``financial institution''; and
(2) in paragraph (2), by inserting ``at any time during or
after the completion of the investigation of the grand jury''
before ``upon''. | Foreign Bank Enforcement Act of 1996 - Amends the Federal Deposit Insurance Act with respect to the penalty for unauthorized participation in an insured depository institution by an individual with a criminal conviction involving dishonesty. Revises the exception for individuals who have received the prior written consent of the Federal Deposit Insurance Corporation (FDIC) to allow the prior written consent of any appropriate Federal banking authority.
Amends the International Banking Act of 1978 to: (1) cite circumstances under which certain Federal bank regulatory agencies shall not be compelled to disclose information obtained from a foreign supervisor; and (2) authorize an order to terminate foreign bank offices in the United States issued by either the Board of Governors of the Federal Reserve System or the Comptroller of the Currency to contain appropriate terms and conditions.
Amends Federal criminal procedure to authorize a court to: (1) direct disclosure of matters occurring before a grand jury during an investigation of a banking law violation to identified personnel of a State as well as a Federal financial institution regulatory agency; and (2) issue such an order at any time during or after completion of the investigation of the grand jury upon a finding of substantial need. | Foreign Bank Enforcement Act of 1996 |
PANEL.
(a) In General.--There is established a National Baseball Dispute
Resolution Panel to resolve the current dispute between the American
League of Professional Baseball Clubs, the National League of
Professional Baseball Clubs, and the Major League Baseball Players
Association. The Panel shall be composed of three members appointed by
the President. The President shall select members from among impartial
persons with expertise as neutrals in the resolution of labor-
management disputes. He shall appoint one member of the Panel to serve
as Chair.
(b) Quorum.--Two members of the Panel shall constitute a quorum,
and the vote of at least two members shall be required for the Panel to
take any action.
(c) Compensation.--Each member of the Panel shall receive
compensation at the daily equivalent of the rate specified for level V
of the Executive Schedule under section 5316 of title 5 for each day
the member is engaged in the performance of duties for the Panel,
including attendance at meetings, hearings, and travel to conduct the
duties of the Panel.
(d) Travel Expenses.--Each member of the Panel shall receive 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, for each day the member is engaged in
the performance of duties of the Panel away from the home or regular
place of business of the member.
(e) Employment Status.--Members of the Panel shall be deemed
employees of the United States only on those days during which they
perform services for the Panel.
(f) Conflict of Interest.--No individual shall be selected as a
member of the Panel under subsection (a) who is pecuniarily interested
in--
(1) the ownership of Major League Baseball;
(2) any organization of employees or owners that is
involved in the current dispute; or
(3) any individual or entity that derives substantial
revenues from Major League Baseball.
(g) Authority.--
(1) The Panel shall have the power to take testimony under
oath, to conduct hearings, and to issue subpoenas requiring the
attendance and testimony of witnesses or the production of
books and records. The parties appearing before the Panel may
be represented by counsel.
(2) In the case of contumacy or refusal by any person to
obey a subpoena issued pursuant to this subsection, any
district court of the United States or the United States courts
of any territory or possession, or the United States District
Court for the District of Columbia, within the jurisdiction of
which such person is found, resides, or transacts business,
upon application of the Panel shall have jurisdiction to issue
an order requiring such person to appear before the Panel,
produce evidence, or give testimony related to the Panel's
inquiries. Any failure to obey such order of the court may be
punished by the court as a contempt thereof.
(h) Decision.--
(1) The Panel shall, as expeditiously as possible, issue a
decision, setting forth the terms of an agreement which, in its
discretion, it determines to be appropriate to serve as the
binding agreement between the parties to the current labor-
management dispute affecting Major League Baseball. In arriving
at its decision, the Panel may consider the following factors:
(A) The unique status of Major League Baseball.
(B) The history of collective bargaining agreements
between the parties.
(C) The changes in circumstances of the parties.
(D) The economics of the industry, including the
owners' ability to pay.
(E) The best interests of baseball.
(F) The desirability of stability in the industry.
(G) The impact on communities that benefit from
Major League Baseball.
(H) Other factors that it deems appropriate,
including those traditionally considered by arbitration
panels if applicable given the history of Major League
Baseball and past collective bargaining between the
parties.
(2) For the purposes of arriving at its decision, the Panel
shall hold such hearings and obtain such information as it may
deem appropriate.
(i) Effect of Decision.--The agreement prescribed by the Panel
under this section shall be final and binding on the parties and shall
have the same effect as though arrived at by agreement of the parties
under the Labor Management Relations Act, 1947 as amended, 29 U.S.C.
141 et seq.
SEC. 5. PRECLUSION OF JUDICIAL REVIEW.
There shall be no judicial review of any decision of the Panel
under this Act.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Detail of Federal Employees.--On the request of the Chairperson
of the Panel, the head of any Federal agency may detail, or otherwise
make available without reimbursement, any of the personnel of the
agency to the Panel to assist it in carrying out its duties under this
Act. Any detail shall not interrupt or otherwise affect the civil
service status or privileges of the Federal employee.
(b) Use of Facilities.--The Panel may, without reimbursement, use
the research, equipment, services, resources, and facilities of any
agency or instrumentality of the United States, with the consent of
such agency or instrumentality.
(c) Role of the Federal Mediation and Conciliation Service.--The
Federal Mediation and Conciliation Service shall provide without
reimbursement such administrative support, resources, and services as
may be necessary to carry out this Act. It is authorized and directed
to utilize its appropriated funds to pay the salary and expenses of
Panel members, as provided in this Act.
SEC. 7. TERMINATION.
The Panel shall terminate upon its rendering of a decision under
section 4(h). | Major League Baseball Restoration Act - Establishes a National Baseball Dispute Resolution Panel to resolve the current labor dispute involving Major League Baseball.
Directs the President to select the three Panel members from among impartial persons with expertise as neutrals in the resolution of labor-management disputes.
Makes the agreement prescribed by the Panel final and binding on the parties. Precludes judicial review of any decision of the Panel.
Directs the Federal Mediation and Conciliation Service to provide administrative support, resources, and services necessary to carry out this Act and to utilize its appropriated funds to pay the salaries and expenses of Panel members.
Terminates the Panel upon its rendering of a decision. | Major League Baseball Restoration Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Care Planning
Improvement Act of 2017''.
SEC. 2. IMPROVING CARE PLANNING FOR MEDICARE HOME HEALTH SERVICES.
(a) Part A Provisions.--Section 1814(a) of the Social Security Act
(42 U.S.C. 1395f(a)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``, a nurse practitioner or clinical nurse
specialist who is working in collaboration with a
physician in accordance with State law, a certified
nurse-midwife (as defined in section 1861(gg)) as
authorized by State law, or a physician assistant (as
defined in section 1861(aa)(5)) under the supervision
of a physician'' after ``1866(j)''; and
(B) in subparagraph (C)--
(i) by inserting ``, a nurse practitioner,
a clinical nurse specialist, a certified nurse-
midwife, or a physician assistant (as the case
may be)'' after ``physician'' the first 2 times
it appears; and
(ii) by striking ``, and, in the case of a
certification made by a physician'' and all
that follows through ``face-to-face encounter''
and inserting ``, and, in the case of a
certification made by a physician after January
1, 2010, or by a nurse practitioner, clinical
nurse specialist, certified nurse-midwife, or
physician assistant (as the case may be) after
January 1, 2018, prior to making such
certification the physician, nurse
practitioner, clinical nurse specialist,
certified nurse-midwife, or physician assistant
must document that the physician, nurse
practitioner, clinical nurse specialist,
certified nurse-midwife, or physician assistant
has had a face-to-face encounter'';
(2) in the second sentence, by inserting ``certified nurse-
midwife,'' after ``clinical nurse specialist,'';
(3) in the third sentence--
(A) by striking ``physician certification'' and
inserting ``certification'';
(B) by inserting ``(or on January 1, 2018, in the
case of regulations to implement the amendments made by
section 2 of the Home Health Care Planning Improvement
Act of 2017)'' after ``1981''; and
(C) by striking ``a physician who'' and inserting
``a physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or physician
assistant who''; and
(4) in the fourth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, certified nurse-
midwife, or physician assistant'' after ``physician''.
(b) Part B Provisions.--Section 1835(a) of the Social Security Act
(42 U.S.C. 1395n(a)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``, a nurse practitioner or clinical nurse
specialist (as those terms are defined in 1861(aa)(5))
who is working in collaboration with a physician in
accordance with State law, a certified nurse-midwife
(as defined in section 1861(gg)) as authorized by State
law, or a physician assistant (as defined in section
1861(aa)(5)) under the supervision of a physician''
after ``1866(j)''; and
(B) in subparagraph (A)--
(i) in each of clauses (ii) and (iii) of
subparagraph (A), by inserting ``, a nurse
practitioner, a clinical nurse specialist, a
certified nurse-midwife, or a physician
assistant (as the case may be)'' after
``physician''; and
(ii) in clause (iv), by striking ``after
January 1, 2010'' and all that follows through
``face-to-face encounter'' and inserting ``made
by a physician after January 1, 2010, or by a
nurse practitioner, clinical nurse specialist,
certified nurse-midwife, or physician assistant
(as the case may be) after January 1, 2018,
prior to making such certification the
physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or
physician assistant must document that the
physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or
physician assistant has had a face-to-face
encounter'';
(2) in the third sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, certified nurse-
midwife, or physician assistant (as the case may be)'' after
``physician'';
(3) in the fourth sentence--
(A) by striking ``physician certification'' and
inserting ``certification'';
(B) by inserting ``(or on January 1, 2018, in the
case of regulations to implement the amendments made by
section 2 of the Home Health Care Planning Improvement
Act of 2017)'' after ``1981''; and
(C) by striking ``a physician who'' and inserting
``a physician, nurse practitioner, clinical nurse
specialist, certified nurse-midwife, or physician
assistant who''; and
(4) in the fifth sentence, by inserting ``, nurse
practitioner, clinical nurse specialist, certified nurse-
midwife, or physician assistant'' after ``physician''.
(c) Definition Provisions.--
(1) Home health services.--Section 1861(m) of the Social
Security Act (42 U.S.C. 1395x(m)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, a nurse practitioner
or a clinical nurse specialist (as those terms
are defined in subsection (aa)(5)), a certified
nurse-midwife (as defined in section 1861(gg)),
or a physician assistant (as defined in
subsection (aa)(5))'' after ``physician'' the
first place it appears; and
(ii) by inserting ``, a nurse practitioner,
a clinical nurse specialist, a certified nurse-
midwife, or a physician assistant'' after
``physician'' the second place it appears; and
(B) in paragraph (3), by inserting ``, a nurse
practitioner, a clinical nurse specialist, a certified
nurse-midwife, or a physician assistant'' after
``physician''.
(2) Home health agency.--Section 1861(o)(2) of the Social
Security Act (42 U.S.C. 1395x(o)(2)) is amended--
(A) by inserting ``, nurse practitioners or
clinical nurse specialists (as those terms are defined
in subsection (aa)(5)), certified nurse-midwives (as
defined in section 1861(gg)), or physician assistants
(as defined in subsection (aa)(5))'' after
``physicians''; and
(B) by inserting ``, nurse practitioner, clinical
nurse specialist, certified nurse-midwife, physician
assistant,'' after ``physician''.
(d) Home Health Prospective Payment System Provisions.--Section
1895 of the Social Security Act (42 U.S.C. 1395fff) is amended--
(1) in subsection (c)(1), by inserting ``, the nurse
practitioner or clinical nurse specialist (as those terms are
defined in section 1861(aa)(5)), the certified nurse-midwife
(as defined in section 1861(gg)), or the physician assistant
(as defined in section 1861(aa)(5)),'' after ``physician''; and
(2) in subsection (e)--
(A) in paragraph (1)(A), by inserting ``, a nurse
practitioner or clinical nurse specialist (as those
terms are defined in section 1861(aa)(5)), a certified
nurse-midwife (as defined in section 1861(gg)), or a
physician assistant (as defined in section
1861(aa)(5))'' after ``physician''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Physician
certification'' and inserting ``Rule of
construction regarding requirement for
certification''; and
(ii) by striking ``physician''.
(e) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2018. | Home Health Care Planning Improvement Act of 2017 This bill allows Medicare payment for home health services ordered by a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant. | Home Health Care Planning Improvement Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Service Improvement Act of
1997''.
TITLE I--SERVICE TO AIRPORTS NOT RECEIVING SUFFICIENT SERVICE
SEC. 101. AVAILABILITY OF SLOTS.
(a) Period of Effectiveness.--
(1) Slots for foreign air transportation.--Section 41714(b)
of title 49, United States Code, is amended by striking
paragraph (4).
(2) Slots for new entrants.--Section 41714(c) of title 49,
United States Code, is amended--
(A) by striking paragraph (2); and
(B) in paragraph (1), by striking the subsection
heading and all that follows through ``If the
Secretary'' and inserting the following:
``(c) Slots for New Entrants.--If the Secretary''.
(b) Slots for Airports Not Receiving Sufficient Service.--Section
41714 of title 49, United States Code, is amended--
(1) by striking subsections (e) and (f) and inserting the
following:
``(e) Slots for Airports Not Receiving Sufficient Service.--
``(1) Exemptions.--The Secretary may, by order, grant
exemptions from the requirements under subparts K and S of part
93 of title 14, Code of Federal Regulations (pertaining to
slots at high density airports) (or any subsequent similar
regulations), to enable air carriers to provide nonstop air
transportation using aircraft that comply with the stage 3
noise levels contained in part 36 of such title 14 between a
high density airport and a small hub airport or nonhub airport
that the Secretary determines is not receiving sufficient air
carrier service to and from that high density airport.
``(2) Limitations.--
``(A) In general.--No more than 2 exemptions per
hour may be granted under this subsection for slots at
any high density airport.
``(B) Washington national airport.--Not more than 6
exemptions per day may be granted under this subsection
for slots at Washington National Airport.
``(3) Application.--An air carrier interested in an
exemption under this subsection shall submit to the Secretary
an application for that exemption. No application may be
submitted to the Secretary before the last day of the 30-day
period beginning on the date of enactment of the Air Service
Improvement Act of 1997.
``(4) Deadline for decision.--
``(A) In general.--The Secretary shall make a
decision with regard to granting an exemption under
this subsection not later than the 120th day following
the date on which the application for the exemption is
submitted under paragraph (3).
``(B) Effects of failure of secretary to make a
decision.--If the Secretary does not make a decision on
or before the date specified in subparagraph (A), the
air carrier requesting the service may provide the
service that is subject to the exemption until such
time as--
``(i) the Secretary makes a decision to
deny that request; or
``(ii) the Administrator of the Federal
Aviation Administration decides that providing
that service would have an adverse effect on
air safety.
``(5) Period of effectiveness.--An exemption granted under
this subsection may remain in effect while the air carrier with
respect to which the exemption is granted continues to provide
nonstop air transportation between the airport that the
Secretary determined was not receiving sufficient air carrier
service and the high density airport involved.
``(6) Definitions.--In this subsection, the following
definitions apply:
``(A) Nonhub airport.--The term `nonhub airport'
means an airport that each year has less than 0.05
percent of the total annual boardings in the United
States.
``(B) Secretary.--The term `Secretary' means the
Secretary of Transportation.
``(C) Small hub airport.--The term `small hub
airport' means an airport that for an annual period,
has, with respect to the total annual boardings of the
United States--
``(i) at least 0.05 percent of those
boardings; and
``(ii) less than 0.25 percent of those
boardings.''; and
(2) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
SEC. 102. FUNDING FOR AIR CARRIER SERVICE TO AIRPORTS NOT RECEIVING
SUFFICIENT SERVICE.
Section 41742(b) is amended to read as follows:
``(b) Funding for Small Community Air Service.--
``(1) Source of funding.--Notwithstanding any other
provision of law, amounts credited to the account established
under section 45303(a) of this title, including the funds
derived from fees imposed under the authority contained in
section 45301(a) of this title, shall be used to carry out the
essential air service program under this subchapter.
``(2) Funding for air carrier service to airports not
receiving sufficient service and rural air safety.--Any amounts
from fees imposed under section 45301(a) that the Secretary
determines will not be obligated or expended by the last day of
a fiscal year for the purpose of funding the essential air
service program under this subchapter shall be made available
in that fiscal year to the Administration as follows:
``(A) Not more than $10,000,000 for fiscal year
1998, and for each fiscal year thereafter, shall be
used--
``(i) for assisting an air carrier in
purchasing aircraft to provide air
transportation to an airport that serves an
underserved market;
``(ii) to purchase slots to provide air
service between a high density airport and an
airport that the Secretary determines is not
receiving sufficient air carrier service to and
from such high density airport;
``(iii) to subsidize service to and from an
underserved airport for a period not to exceed
3 years; and
``(iv) for assisting an underserved airport
to market service to and from the underserved
airport.
``(B) Any remaining amounts of the amounts
determined by the Secretary under this paragraph shall
be available for use under this subchapter in improving
rural air safety at airports with less than 100,000
annual boardings.
``(3) Underserved airport.--In this subsection, the term
`underserved airport' means an airport that the Secretary
determines is not receiving sufficient air carrier service.''.
SEC. 103. UNFAIR COMPETITION COMPLAINTS.
Section 41712 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``On''; and
(2) by adding at the end the following:
``(b) Deadline for Decision on Unfair Competition Complaints.--The
Secretary shall make a decision with respect to any complaint that the
Secretary receives under this section regarding whether an air carrier
has been, or is, engaged in an unfair method of competition in air
transportation or the sale of air transportation not later than 180
days after the date of receipt of the complaint.''.
TITLE II--REGIONAL AIR SERVICE INCENTIVE PROGRAM
SEC. 201. AMENDMENT OF TITLE 49, UNITED STATES CODE.
(a) In General.--Chapter 417 of title 49, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec. 41761. Purpose
``The purpose of this subchapter is to improve service by jet
aircraft to underserved markets by providing assistance, in the form of
loan guarantees, to commuter air carriers that purchase regional jet
aircraft for use in serving those markets.
``Sec. 41762. Definitions
``In this subchapter:
``(1) Aircraft purchase loan.--The term `aircraft purchase
loan' means any loan made for the purchase of commercial
transport aircraft, including spare parts normally associated
with the aircraft.
``(2) Air carrier.--The term `air carrier' means any air
carrier holding a certificate of public convenience and
necessity issued by the Secretary of Transportation under
section 41102.
``(3) Commuter air carrier.--The term `commuter air
carrier' means an air carrier that primarily operates aircraft
designed to have a maximum passenger seating capacity of 75
passengers or less in accordance with published flight
schedules.
``(4) Nonhub airport.--The term `nonhub airport' means an
airport that for an annual period has less than 0.05 percent of
the total annual boardings in the United States.
``(5) Regional jet aircraft.--The term `regional jet
aircraft' means a civil aircraft--
``(A) powered by jet propulsion; and
``(B) designed to have a maximum passenger seating
capacity of--
``(i) not less than 30 passengers; and
``(ii) not more than 75 passengers.
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(7) Small hub airport.--The term `small hub airport'
means an airport that for an annual period has with respect to
the total annual boardings of the United States--
``(A) at least 0.05 percent of these boardings; and
``(B) less than 0.25 percent of these boardings.
``(8) Underserved market.--The term `underserved market'
means a passenger air transportation market (as defined by the
Secretary) that--
``(A) is served (as determined by the Secretary) by
a nonhub airport or a small hub airport;
``(B) is not within a 40-mile radius of an airport
that each year has at least .25 percent of the total
annual boardings in the United States; and
``(C) the Secretary determines does not have
sufficient air service.
``Sec. 41763. Loan guarantees
``(a) In General.--The Secretary may guarantee any lender against
loss of principal or interest on any aircraft purchase loan made by
that lender to a commuter air carrier.
``(b) Form, Terms, and Conditions.--A guarantee shall be made under
subsection (a)--
``(1) in such form and on such terms and conditions; and
``(2) pursuant to such regulations,
as the Secretary considers to be necessary and consistent with this
subchapter.
``Sec. 41764. Conditions and limitations
``(a) Limitations on Funds.--Subject to subsection (d), no loan
guarantee shall be made under this subchapter--
``(1) extending to an amount greater than the unpaid
interest and 90 percent of the unpaid principal of any loan;
``(2) on any loan or combination of loans for an aggregate
amount greater than 90 percent of the purchase price of the
aircraft, including spare parts, to be purchased with the loan
or loan combination;
``(3) on any loan with respect to which terms permit
repayment later than 15 years after the date the loan is made;
and
``(4) in any case in which the total face amount of the
loan and any other loans to the same commuter air carrier or
corporate predecessor of that commuter air carrier that are
guaranteed and outstanding under the terms of this subchapter
exceed $100,000,000.
``(b) Conditions for Making Loans.--Subject to subsection (c), the
Secretary of Transportation may only make a loan guarantee under this
subchapter if the Secretary determines that--
``(1) the aircraft to be purchased with the loan is a
regional jet aircraft that is needed to improve the service and
efficiency of operation of the commuter air carrier;
``(2) the commuter air carrier agrees to use the aircraft
to provide service to underserved markets; and
``(3) the prospective earning power of the commuter air
carrier, together with the character and value of the security
pledged, furnish--
``(A) reasonable assurances of the ability and
intention of the air carrier to repay the loan during
the term of the loan--
``(i) to continue the operations of the air
carrier as a commuter air carrier; and
``(ii) to the extent that the Secretary
determines to be necessary, to continue the
operations of the air carrier as a commuter air
carrier between the same route or routes that
are operated by the air carrier at the time of
the loan guarantee; and
``(B) reasonable protection to the United States.
``(c) Requirement.--Subject to subsection (d), no loan guarantee
may be made under this subchapter on any loan or combination of loans
for the purchase of any regional jet aircraft that does not comply with
the stage 3 noise levels contained in part 36 of title 14 of the Code
of Federal Regulations, as in effect on January 1, 1997.
``(d) Other Limitations.--No loan guarantee shall be made by the
Secretary under this subchapter on any loan for the purchase of a
regional jet aircraft unless the commuter air carrier agrees that the
air carrier will provide service to the underserved market for which
the aircraft is purchased for a period of not less than 12 consecutive
months after the aircraft is placed in service.
``Sec. 41765. Fees
``The Secretary of Transportation shall prescribe and collect from
a lending institution a reasonable guarantee fee in connection with
each loan guaranteed under this subchapter.
``Sec. 41766. Use of Federal facilities and assistance
``(a) Use of Federal Facilities.--To permit the Secretary of
Transportation to make use of such expert advice and services as the
Secretary may require in carrying out this subchapter, the Secretary
may use available services and facilities of other agencies and
instrumentalities of the Federal Government--
``(1) with the consent of the appropriate Federal
officials; and
``(2) on a reimbursable basis.
``(b) Assistance.--The head of each appropriate department or
agency of the Federal Government shall exercise the duties and
functions of that head in such manner as to assist in carrying out the
policy specified in section 41761.
``(c) Oversight.--The Secretary shall make available to the
Comptroller General of the United States such information with respect
to the loan guarantee program conducted under this subchapter as the
Comptroller General may require to carry out the duties of the
Comptroller General under chapter 7 of title 31.
``Sec. 41767. Receipts; payments
``(a) Miscellaneous.--Amounts received by the Secretary under this
subchapter shall be credited to miscellaneous receipts of the Treasury.
``(b) Payments.--Payments to lenders required as a consequence of
any loan guarantee made under this subchapter may be made from funds
appropriated pursuant to the authorization under section 202 of the Air
Service Improvement Act of 1997.
``(c) Administrative Expenses.--In carrying out this subchapter,
the Secretary shall use funds made available by appropriations to the
Department of Transportation for the purpose of administration to cover
administrative expenses of the loan guarantee program under this
subchapter.
``Sec. 41768. Termination
``The authority of the Secretary under section 41763 shall
terminate on the date that is 5 years after the date of the enactment
of this subchapter.''.
(b) Conforming Amendment.--The analysis for chapter 417 of title
49, United States Code, is amended by adding at the end the following:
``SUBCHAPTER III--REGIONAL AIR SERVICE INCENTIVE PROGRAM
``Sec.
``41761. Purpose.
``41762. Definitions.
``41763. Loan guarantees.
``41764. Conditions and limitations.
``41765. Fees.
``41766. Use of Federal facilities and assistance.
``41767. Receipts; payments.
``41768. Termination.''.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out subchapter III of chapter 417 of title 49,
United States Code. | TABLE OF CONTENTS:
Title I: Service to Airports Not Receiving Sufficient
Service
Title II: Regional Air Service Incentive Program
Air Service Improvement Act of 1997 -
Title I: Service to Airports Not Receiving Sufficient Service
- Authorizes the Secretary of Transportation to grant exemptions pertaining to the use of slots (arrival and departure spaces) at high density airports in order to enable air carriers to provide nonstop air transportation using noise-compliant aircraft between a high density airport and a small hub or nonhub airport that the Secretary determines is not receiving sufficient air service to and from the high density airport. Provides exemption limitations, including a limitation of no more than six exemptions per day for slots at Washington National Airport. Requires exemption decisions to be made by the Secretary within 120 days of application.
Makes funds not otherwise obligated or expended for the Federal essential air service program available for: (1) air carrier service to airports not receiving sufficient air service; and (2) rural air safety at airports with less than 100,000 annual boardings.
Requires a decision by the Secretary within 180 days after receipt of a complaint alleging that an air carrier has been or is engaging in an unfair method of competition in the provision or sale of air transportation.
Title II: Regional Air Service Incentive Program
- Authorizes the Secretary to guarantee any lender against loss on any loan made to a commuter air carrier (maximum seating capacity of 75 or less) for the purchase of jet aircraft when such aircraft are to be used to provide service to underserved markets. Outlines loan conditions and limitations, including that: (1) such aircraft comply with certain Federal noise-level requirements; and (2) the air carrier agrees to provide service to the underserved market(s) for at least 12 months after being placed in service. Authorizes the Secretary to: (1) collect a loan guarantee fee from such lenders; and (2) be given, and make use of, Federal facilities and assistance in carrying out the incentive program.
Terminates the above authority five years after the enactment of this Act. Authorizes appropriations. | Air Service Improvement Act of 1997 |
SECTION 1. FINDINGS.
(a) Findings.--Congress finds the following:
(1) Pursuant to the Revised Constitution and Bylaws of the
Minnesota Chippewa Tribe, as approved by the Assistant
Secretary of the Interior on March 3, 1964, the Minnesota
Chippewa Tribal Executive Committee is the governing body of
the Minnesota Chippewa Tribe, comprised of the six member
Reservations (Bois Forte, Fond du Lac, Grand Portage, Leech
Lake, Mille Lacs, and White Earth).
(2) The Minnesota Chippewa Tribe was the plaintiff in cases
referred to as Docket Nos. 19 and 188 (hereinafter referred to
as the ``Claims'') originally before the Indian Claims
Commission and, subsequently, before the United States Court of
Federal Claims.
(3) The Claims arose from the disposition of tribal lands,
interests in lands, and other tribal assets.
(4) The expenses of prosecuting the Claims were shared
equally by the 6 member Reservations and the decisions
regarding such prosecution were made by the Minnesota Chippewa
Tribal Executive Committee.
(5) On July 1, 1998, the Minnesota Chippewa Tribal
Executive Committee enacted Resolution No. 01-99, approving a
settlement of the Claims by a vote of 6 for and 3 against with
10 members present.
(6) On January 7, 1999, the Associate Solicitor, Division
of Indian Affairs, Department of the Interior, advised the
United States Department of Justice that Resolution 01-99 was
sufficient under the tribal constitution to approve the
settlement of the Claims.
(7) On May 17, 1999, the United States Court of Federal
Claims entered an order adopting certain findings including a
finding that ``the Tribal Executive Committee has the
constitutional authority to enter into the proposed settlement
on behalf of the Minnesota Chippewa Tribe''.
(8) On May 26, 1999, the United States Court of Federal
Claims approved the settlement of the Claims and entered a
final judgment in the amount of $20,000,000 against the United
States in favor of the plaintiff Minnesota Chippewa Tribe.
(9) The Minnesota Chippewa Tribal Executive Committee is
authorized by the tribal constitution to make decisions to
administer, expend and apportion funds within the control of
the Minnesota Chippewa Tribe.
(10) On September 9, 1999, the Minnesota Chippewa Tribal
Executive Committee enacted Resolution No. 40-00, allocating
each member Reservation an equal share of the judgment funds
from the Claims, by a vote of 10 for and 2 against, with 12
members present.
(11) The judgment funds were deposited into trust fund
account JA1041696.
(12) For purposes of the Indian Tribal Judgment Funds Use
or Distribution Act (25 U.S.C. 1401 et seq.), the sole present-
day beneficiary of the funds is the Minnesota Chippewa Tribe.
(b) Purposes.--The purposes of this Act are to acknowledge that the
Minnesota Chippewa Tribe is the sole beneficiary entity of the judgment
funds, that its governing body, the Tribal Executive Committee, has the
sovereign authority under the tribal constitution to allocate funds
amongst its member Reservations, and accordingly that the judgment
funds should be allocated as determined by the Tribal Executive
Committee in its Resolution No. 40-00.
SEC. 2. DISTRIBUTION OF FUNDS.
(a) In General.--Notwithstanding any other law, not later than 30
days after the date of the enactment of this Act, the Secretary of the
Interior (hereinafter referred to as the ``Secretary'') shall
distribute the funds awarded to the Minnesota Chippewa Tribe in
Minnesota Chippewa Tribe v. United States, Docket Nos. 19 and 188 in
the United States Court of Federal Claims together with all interest
and investment income accrued on deposit in trust account JA1041696 in
equal shares to each of the following constituent bands of the
Minnesota Chippewa Tribe:
(1) The Bois Forte Band of Chippewa Indians.
(2) The Fond du Lac Band of Chippewa Indians.
(3) The Grand Portage Band of Chippewa Indians.
(4) The Leech Lake Band of Chippewa Indians.
(5) The Mille Lacs Band of Chippewa Indians.
(6) The White Earth Band of Chippewa Indians.
(b) Use of Funds.--The shares of the bands shall be available for
use in the manner determined by the governing body of each band, except
not less than 20 percent of such funds shall be set aside for social
and economic development, education, reservation infrastructure needs,
and other governmental purposes.
(c) Application of Other Law.--Section 7 of Public Law 93-134 (25
U.S.C. 1407) shall apply to funds distributed pursuant to this Act. | Directs the Secretary of the Interior to distribute the funds awarded to the Minnesota Chippewa Tribe in Minnesota Chippewa Tribe v. United States, Docket Nos. 19 and 188 in the U.S. Court of Federal Claims together with all interest and investment income accrued on deposit in trust account JA1041696 in equal shares to each of the following constituent bands of the Tribe: (1) the Bois Forte Band; (2) the Fond du Lac Band; (3) the Grand Portage Band; (4) the Leech Lake Band; (5) the Mille Lacs Band; and (6) the White Earth Band.
Requires that the shares of such Bands be made available for use in the manner determined by the governing body of each Band, except that at least 20% of such funds shall be set aside for social and economic development, education, reservation infrastructure needs, and other governmental purposes. | To provide for the use and distribution of the funds awarded to the Minnesota Chippewa Tribe in Minnesota Chippewa Tribe v. United States, Docket Nos. 19 and 188, United States Court of Federal Claims. |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Authorization for Use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243), enacted into law
on October 16, 2002, authorized the President to use the Armed
Forces as the President determined necessary and appropriate in
order to defend the national security of the United States
against the continuing threat posed by the Government of Iraq
at that time.
(2) The Government of Iraq which was in power at the time
the Authorization for Use of Military Force Against Iraq
Resolution of 2002 was enacted into law has been removed from
power and its leader indicted, tried, convicted, and executed
by the new freely-elected democratic Government of Iraq.
(3) The current Government of Iraq does not pose a threat
to the United States or its interests.
(4) After more than four years of valiant efforts by
members of the Armed Forces and United States civilians, the
Government of Iraq must now be responsible for Iraq's future
course.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) nothing in this Act shall be construed as a
recommendation by Congress that any particular contingency plan
be exercised;
(2) it is necessary and prudent for the Department of
Defense to undertake robust and comprehensive contingency
planning;
(3) contingency planning for a redeployment of the Armed
Forces from Iraq should address--
(A) ensuring appropriate protection for the Armed
Forces in Iraq;
(B) providing appropriate protection in Iraq for
United States civilians, contractors, third party
nationals, and Iraqi nationals who have assisted the
United States mission in Iraq;
(C) maintaining and enhancing the ability of the
United States Government to eliminate and disrupt Al
Qaeda and affiliated terrorist organizations; and
(D) preserving military equipment necessary to
defend the national security interests of the United
States; and
(4) contingency planning for a redeployment of the Armed
Forces from Iraq should--
(A) describe a range of possible scenarios for such
redeployment;
(B) outline multiple possible timetables for such
redeployment; and
(C) describe the possible missions, and the
associated projected number of members, of the Armed
Forces which would remain in Iraq, including to--
(i) conduct United States military
operations to protect vital United States
national security interests;
(ii) conduct counterterrorism operations
against Al Qaeda in Iraq and affiliated
terrorist organizations;
(iii) protect the Armed Forces, United
States diplomatic and military facilities, and
United States civilians; and
(iv) support and equip Iraqi forces to take
full responsibility for their own security.
SEC. 3. REPORTS AND CONGRESSIONAL BRIEFINGS ON THE STATUS OF PLANNING
FOR THE REDEPLOYMENT OF THE ARMED FORCES FROM IRAQ.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense shall submit to the congressional defense committees a report
on the status of planning for the redeployment of the Armed Forces from
Iraq. The initial report and each subsequent report required by this
subsection shall be submitted in unclassified form, to the maximum
extent possible, but may contain a classified annex, if necessary.
(b) Congressional Briefings Required.--Not later than 14 days after
the submission of the initial report under subsection (a), the
Secretary of Defense and the Chairman of the Joint Chiefs of Staff
shall meet with the congressional defense committees to brief such
committees on the matters contained in the report. Not later than 14
days after the submission of each subsequent report under subsection
(a), appropriate senior officials of the Department of Defense shall
meet with the congressional defense committees to brief such committees
on the matters contained in the report.
(c) Termination of Reporting and Briefing Requirements.--The
requirement to submit reports under subsection (a) and the requirement
to provide congressional briefings under subsection (b) shall terminate
on the date on which the Secretary of Defense submits to the
congressional defense committees a certification in writing that the
Armed Forces are no longer primarily engaged in a combat mission in
Iraq.
(d) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' has the meaning given the
term in section 101 of title 10, United States Code.
SEC. 4. ARMED FORCES DEFINED.
In this Act, the term ``Armed Forces'' has the meaning given the
term in section 101 of title 10, United States Code. | Expresses the sense of Congress that: (1) nothing in this Act shall be construed as a recommendation by Congress that any particular contingency plan be exercised; (2) it is necessary and prudent for the Department of Defense (DOD) to undertake robust and comprehensive contingency planning; (3) contingency planning for a redeployment of Armed Forces from Iraq should address appropriate protection for U.S. Armed Forces, civilians, contractors, and third party and Iraqi nationals who have aided the U.S. mission in Iraq, and the preservation of military equipment; and (4) such planning should describe a range of scenarios and timetables for redeployment, and describe possible missions of Armed Forces remaining in Iraq.
Directs the Secretary of Defense to report to the congressional defense and appropriations committees on the status of planning for the redeployment of Armed Forces from Iraq. Requires the Secretary and the Chairman of the Joint Chiefs of Staff to brief such committees on matters contained in the reports. | A bill to require the Secretary of Defense to submit to Congress reports on the status of planning for the redeployment of the Armed Forces from Iraq and to require the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and appropriate senior officials of the Department of Defense to meet with Congress to brief Congress on matters contained in the reports. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Security Assistance Act
of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agricultural disease.--The term ``agricultural
disease'' means an outbreak of a plant or animal disease, or a
pest infestation, that requires prompt action in order to
prevent injury or damage to people, plants, livestock,
property, the economy, or the environment.
(2) Agricultural disease emergency.--The term
``agricultural disease emergency'' means an agricultural
disease that the Secretary determines to be an emergency
under--
(A) section 415 of the Plant Protection Act (7
U.S.C. 7715); or
(B) section 10407(b) of the Animal Health
Protection Act (7 U.S.C. 8306(b)).
(3) Agriculture.--The term ``agriculture'' includes--
(A) the science and practice of activities relating
to food, feed, and fiber production, processing,
marketing, distribution, use, and trade;
(B) family and consumer science, nutrition, food
science and engineering, agricultural economics, and
other social sciences; and
(C) forestry, wildlife science, fishery science,
aquaculture, floraculture, veterinary medicine, and
other environmental and natural resource sciences.
(4) Agroterrorism.--The term ``agroterrorism'' means the
commission of an agroterrorist act.
(5) Agroterrorist act.--The term ``agroterrorist act''
means a criminal act consisting of causing or attempting to
cause damage or harm to, or destruction or contamination of, a
crop, livestock, farm or ranch equipment, material or property
associated with agriculture, or a person engaged in
agricultural activity, that is committed with the intent--
(A) to intimidate or coerce a civilian population;
or
(B) to influence the policy of a government by
intimidation or coercion.
(6) Biosecurity.--
(A) In general.--The term ``biosecurity'' means
protection from the risks posed by biological,
chemical, or radiological agents to--
(i) plant or animal health;
(ii) the agricultural economy;
(iii) the environment; or
(iv) human health.
(B) Inclusions.--The term ``biosecurity'' includes
the exclusion, eradication, and control of biological
agents that cause plant or animal diseases.
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(9) Tribal government.--The term ``tribal government''
means the governing body of an Indian tribe.
SEC. 3. STATE AND LOCAL ASSISTANCE.
(a) Study.--
(1) In general.--In consultation with the steering
committee of the National Animal Health Emergency Management
System and other stakeholders, the Secretary shall conduct a
study to--
(A) determine the best use of epidemiologists,
computer modelers, and statisticians as members of
emergency response task forces that handle foreign or
emerging agricultural disease emergencies; and
(B) identify the types of data that are necessary
for proper modeling and analysis of agricultural
disease emergencies.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report that
describes the results of the study under paragraph (1) to--
(A) the Secretary of Homeland Security; and
(B) the head of any other agency involved in
response planning for agricultural disease emergencies.
(b) Geographic Information System Grants.--
(1) In general.--The Secretary, in consultation with the
Secretary of Homeland Security and the Secretary of the
Interior, shall establish a program under which the Secretary
shall provide grants to States to develop capabilities to use a
geographic information system or statistical model for an
epidemiological assessment in the event of an agricultural
disease emergency.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $2,500,000 for fiscal year 2006; and
(B) such sums as are necessary for each subsequent
fiscal year.
(c) Biosecurity Awareness and Programs.--
(1) In general.--The Secretary shall implement a public
awareness campaign for farmers, ranchers, and other
agricultural producers that emphasizes--
(A) the need for heightened biosecurity on farms;
and
(B) reporting to the Department of Agriculture any
agricultural disease anomaly.
(2) On-farm biosecurity.--
(A) In general.--Not later than 240 days after the
date of enactment of this Act, the Secretary, in
consultation with associations of agricultural
producers and taking into consideration research
conducted under the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3101 et seq.), shall--
(i) develop guidelines--
(I) to improve monitoring of
vehicles and materials entering or
leaving farm or ranch operations; and
(II) to control human traffic
entering or leaving farm or ranch
operations; and
(ii) distribute the guidelines developed
under clause (i) to agricultural producers
through agricultural informational seminars and
biosecurity training sessions.
(B) Authorization of appropriations.--
(i) In general.--There are authorized to be
appropriated to carry out this paragraph--
(I) $5,000,000 for fiscal year
2006; and
(II) such sums as are necessary for
each subsequent fiscal year.
(ii) Information program.--Of the amounts
made available under clause (i), the Secretary
may use such sums as are necessary to establish
in each State an information program to
distribute the biosecurity guidelines developed
under subparagraph (A)(i).
(3) Biosecurity grant pilot program.--
(A) Incentives.--
(i) In general.--Not later than 240 days
after the date of enactment of this Act, the
Secretary shall develop a pilot program to
provide incentives, in the form of grants or
low-interest loans, to agricultural producers
to restructure farm and ranch operations (based
on the biosecurity guidelines developed under
paragraph (2)(A)(i)) to achieve the goals
described in clause (ii).
(ii) Goals.--The goals referred to in
clause (i) are--
(I) to control access to farms and
ranches by persons intending to commit
agroterrorist acts;
(II) to prevent the introduction
and spread of agricultural diseases;
and
(III) to take other measures to
ensure biosecurity.
(iii) Limitation.--The amount of a grant or
low-interest loan provided under this paragraph
shall not exceed $10,000.
(B) Report.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a report that--
(i) describes the implementation of the
pilot program; and
(ii) makes recommendations for expanding
the pilot program.
(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph--
(i) $5,000,000 for fiscal year 2006; and
(ii) such sums as are necessary for each of
fiscal years 2007 through 2009.
SEC. 4. REGIONAL, STATE, AND LOCAL PREPAREDNESS.
(a) Environmental Protection Agency.--The Administrator of the
Environmental Protection Agency, in consultation with the Secretary,
shall cooperate with regional, State, and local disaster preparedness
officials to include consideration of the potential environmental
effects of a response activity in planning a response to an
agricultural disease.
(b) Department of Agriculture.--The Secretary, in consultation with
the Secretary of Homeland Security, shall--
(1) develop and implement procedures to provide information
to, and share information among, Federal, regional, State,
tribal, and local officials regarding agricultural threats,
risks, and vulnerabilities; and
(2) cooperate with State agricultural officials, State and
local emergency managers, representatives from State land grant
colleges and research universities, agricultural producers, and
agricultural trade associations to establish local response
plans for agricultural diseases.
SEC. 5. INTERAGENCY COORDINATION.
(a) Agricultural Disease Liaisons.--
(1) Agricultural disease management liaison.--The Secretary
of Homeland Security shall establish a senior level position
within the Federal Emergency Management Agency the primary
responsibility of which is to serve as a liaison for
agricultural disease management between--
(A) the Department of Homeland Security; and
(B)(i) the Federal Emergency Management Agency;
(ii) the Department of Agriculture;
(iii) other Federal agencies responsible for a
response to an emergency relating to an agriculture
disease;
(iv) the emergency management community;
(v) State emergency and agricultural officials;
(vi) tribal governments; and
(vii) industries affected by agricultural disease.
(2) Animal health care liaison.--The Secretary of Health
and Human Services shall establish within the Department of
Health and Human Services a senior level position the primary
responsibility of which is to serve as a liaison between--
(A) the Department of Health and Human Services;
and
(B)(i) the Department of Agriculture;
(ii) the animal health community;
(iii) the emergency management community;
(iv) tribal governments; and
(v) industries affected by agricultural disease.
(b) Transportation.--
(1) In general.--The Secretary of Transportation, in
consultation with the Secretary and the Secretary of Homeland
Security, shall--
(A) publish in the Federal Register proposed
guidelines for restrictions on interstate
transportation of an agricultural commodity or product
in response to an agricultural disease;
(B) provide for a comment period of not less than
90 days for the proposed guidelines; and
(C) establish final guidelines, taking into
consideration any comment received under subparagraph
(B); and
(2) provide the guidelines described in paragraph (1) to
officers and employees of--
(A) the Department of Agriculture;
(B) the Department of Transportation; and
(C) the Department of Homeland Security.
SEC. 6. INTERNATIONAL ACTIVITIES.
(a) International Agricultural Disease Surveillance.--Not later
than 1 year after the date of enactment of this Act, the Secretary, in
consultation with the Secretary of State and the Administrator of the
Agency for International Development, shall submit to Congress a report
that describes measures taken by the Secretary to--
(1) streamline the process of notification by the Secretary
to Federal agencies in the event of an agricultural disease in
a foreign country; and
(2) cooperate with representatives of foreign countries,
international organizations, and industry to develop and
implement methods of sharing information relating to
international agricultural diseases and unusual agricultural
activities.
(b) Bilateral Mutual Assistance Agreements.--The Secretary of
State, in coordination with the Secretary and the Secretary of Homeland
Security, shall--
(1) enter into mutual assistance agreements with other
countries to provide and receive assistance in the event of an
agricultural disease, including--
(A) training for veterinarians and agriculture
specialists of the United States in the identification,
diagnosis, and control of foreign agricultural
diseases;
(B) providing resources and personnel to a foreign
government with limited resources to respond to an
agricultural disease; and
(C) bilateral training programs and exercises
relating to assistance provided under this paragraph;
and
(2) provide funding for a program or exercise described in
paragraph (1)(C).
SEC. 7. ADDITIONAL STUDIES AND REPORTS.
(a) Vaccines.--Not later than 180 days after the date of enactment
of this Act, the Secretary shall conduct a study of, and submit to
Congress a report that describes, the projected costs and benefits of
developing ready-to-use vaccines against foreign animal diseases.
(b) Plant Disease Laboratory.--Not later than 270 days after the
date of enactment of this Act, the Secretary shall conduct a study of,
and submit to Congress a report that describes, the feasibility of
establishing a national plant disease laboratory based on the model of
the Centers for Disease Control and Prevention, the primary task of
which is to--
(1) integrate and coordinate a nationwide system of
independent plant disease diagnostic laboratories, including
plant clinics maintained by land grant colleges and
universities; and
(2) increase the capacity, technical infrastructure, and
information-sharing capabilities of laboratories described in
paragraph (1).
SEC. 8. VETERINARIAN ACCREDITATION.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall promulgate regulations requiring that any
veterinarian accredited by the Department of Agriculture shall be
trained to recognize foreign animal diseases.
SEC. 9. REVIEW OF LEGAL AUTHORITY.
(a) In General.--The Attorney General, in consultation with the
Secretary, shall conduct a review of State and local laws relating to
agroterrorism and biosecurity to determine--
(1) the extent to which the laws facilitate or impede the
implementation of a current or proposed response plan relating
to an agricultural disease;
(2) whether an injunction issued by a State court could--
(A) delay the implementation of a Federal response
plan described in paragraph (1); or
(B) affect the extent to which an agricultural
disease spreads; and
(3) the types and extent of legal evidence that may be
required by a State court before a response plan described in
paragraph (1) may be implemented.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Attorney General shall submit to Congress a report that
describes the results of the review under subsection (a) (including any
recommendations of the Attorney General). | Agricultural Security Assistance Act of 2005 - Directs the Secretary of Agriculture to: (1) determine the best use of epidemiologists, computer modelers, and statisticians as members of emergency response task forces that handle foreign or emerging agricultural disease emergencies, and identify necessary data for proper modeling and analysis of such emergencies; (2) provide grants to States to use a geographic information system or statistical model for an epidemiological assessment in the event of such an emergency; (3) implement an on-farm biosecurity awareness campaign, and a biosecurity grant pilot program; (4) require that Department of Agriculture-accredited veterinarians be trained to recognize foreign animal diseases; and (5) prepare studies on foreign plant disease vaccines and the establishment of a national plant disease laboratory.
Provides for regional, State, local, and international agricultural preparedness and information sharing. Sets forth responsibilities of the Departments of Agriculture, State, Transportation, and Homeland Security, and the Environmental Protection Agency (EPA).
Directs the Attorney General to review State and local laws relating to agroterrorism and biosecurity to determine: (1) the extent to which the laws facilitate or impede implementation of a Federal agricultural disease response plan; (2) whether a State injunction could delay implementation of such a plan, or affect an agricultural disease's spread; and (3) the legal evidence that may be required by a State court before a response plan may be implemented. | A bill to improve the response of the Federal Government to agroterrorism and agricultural diseases. |
SECTION 1. PROHIBITION OF OIL AND GAS LEASING IN CERTAIN AREAS OF THE
OUTER CONTINENTAL SHELF.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
``(p) Prohibition of Oil and Gas Leasing in Certain Areas of the
Outer Continental Shelf.--Notwithstanding any other provision of this
section or any other law, the Secretary of the Interior shall not issue
a lease for the exploration, development, or production of oil, natural
gas, or any other mineral in--
``(1) the eastern Gulf of Mexico planning area;
``(2) the Straits of Florida planning area; or
``(3) the South Atlantic planning area, extending from the
Straits of Florida planning area to the border between the
States of Florida and Georgia.''.
SEC. 2. ENVIRONMENTAL REVIEW.
(a) Conditions for Bidding on Option To Lease.--The Outer
Continental Shelf Lands Act (42 U.S.C. 1301 et seq.) is amended by
inserting after section 24 the following:
``SEC. 24A. CONDITIONS FOR SALE OF OPTION TO LEASE.
``(a) In General.--The sale of an option to enter into an oil and
gas lease described in section 25 (including a lease to drill an
exploratory well) shall be contingent on--
``(1) the preparation, in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) of an
environmental impact statement concerning the activities to be
conducted under the oil and gas lease; and
``(2) after preparation of the environmental impact
statement, the completion by the affected State of a
consistency certification in accordance with section 307(c) of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)).
``(b) Excluded Plans.--This section does not apply to a plan for
the production and transportation of natural gas described in section
25(k).''.
(b) Applicability of NEPA to Development Plans.--Section 25(d) of
the Outer Continental Shelf Lands Act (42 U.S.C. 1351(d)) is amended by
striking ``unless the State'' and inserting ``unless the State, after
completion of the environmental impact statement under section 24A,''.
(c) Deadline for Approval or Disapproval of Plans.--Section
25(h)(1) of the Outer Continental Shelf Lands Act (42 U.S.C.
1351(h)(1)) is amended in the first sentence by striking ``sixty'' each
place it appears and inserting ``90''.
(d) Applicability to Leases in the Gulf of Mexico.--Section 25 of
the Outer Continental Shelf Lands Act (42 U.S.C. 1351) is amended--
(1) by striking ``, other than the Gulf of Mexico,'' each
place it appears; and
(2) by striking subsection (l).
(e) Conforming Amendments.--
(1) Section 25(a) of the Outer Continental Shelf Lands Act
(42 U.S.C. 1351(a)) is amended--
(A) in paragraph (2)--
(i) by striking ``accompanied by a
statement'' and inserting ``accompanied by--
``(A) a statement'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by inserting the following:
``(B) a copy of the environmental impact statement
for the oil and gas lease prepared under section 24A'';
and
(B) by striking paragraph (3) and inserting the
following:
``(3) Submission of statements.--Except for any privileged or
proprietary information (as the term is defined in regulations
promulgated by the Secretary), the Secretary, not later than 10 days
after receipt of the statements described in paragraph (2), shall--
``(A) submit the statements to the Governor of any affected
State, and, upon request, to the chief executive officer of any
affected local government; and
``(B) make the statements available to any appropriate
interstate regional entity and the public.''.
(2) Section 25(e)(2) of the Outer Continental Shelf Lands
Act (42 U.S.C. 1351(e)(2)) is amended by striking ``approved,''
and inserting ``approved (including plans for exploratory
wells),''.
(3) Section 25(f) of the Outer Continental Shelf Lands Act
(42 U.S.C. 1351(f)) is amended by striking ``the draft
environmental impact statement'' and insert ``a copy of the
environmental impact statement for the lease prepared under
section 24A''.
(4) Section 25(h)(1) of the Outer Continental Shelf Lands
Act (42 U.S.C. 1351(h)(1)) is amended by striking ``subsection
(e) of this section'' and inserting ``section 24A''.
SEC. 3. BUYBACK OF OFFSHORE LEASES.
(a) In General.--The Secretary of the Interior may purchase the
rights to oil and gas development and production covered by the
following outstanding leases in the Gulf of Mexico:
(1) In the Destin Dome planing area, each of leases
numbered G06401, G06402, G06405 through G06411, G06432, G06433,
G06436, G06440, G06442 through G06444, G08320 through G08322,
G08333, G08334, G08346, G10418, G10419, G10422, G10426, and
G10427, at a total cost of $38,573,458.
(2) In the Desoto Canyon planning area, each of leases
numbered G06464, G06469, G06470, G06474 through G06477, G10446
through G10456, G10459 through G10467, G10471 through G10473,
and G10477, at a total cost of $12,278,600.
(3) In the Elbow region, each of leases numbered G10498
through G10514, at a total cost of $4,348,640.
(4) In the Pensacola planning area, each of leases numbered
G08308 through G08310, G08317 through G08319, G10408 through
G10410, and G10413 through G10417, at a total cost of
$16,793,300.
(5) In the Lloyd planning area, each of leases numbered
G10493 through G10497, at total cost of $1,213,704.
(6) In the Apalachicola planning area, each of leases
numbered G10430 through G10435, at a total cost of $2,936,700.
(7) In the Florida Middle Ground planning area, each of
leases numbered G08361 through G08368, G10484, and G10485, at a
total cost of $14,018,000.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $90,162,402. | Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for the exploration, development, or production of oil, natural gas or any other mineral in the following planning areas: (1) eastern Gulf of Mexico; (2) Straits of Florida; or (3) South Atlantic, extending from the Straits of Florida planning area to the border between the States of Florida and Georgia.Conditions the sale of an option to enter into an oil and gas lease (except in the case of a plan for natural gas production and transportation) upon an environmental impact statement and a State consistency certification.Authorizes the Secretary to purchase rights to oil and gas development and production covered by specified leases outstanding in the Gulf of Mexico. | To permanently prohibit the conduct of offshore drilling on the outer Continental Shelf off the State of Florida, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Information Technology to
Enhance Community Health Act of 2012'' or the ``MITECH Act''.
SEC. 2. INCENTIVES FOR ADOPTION AND USE OF EHR TECHNOLOGY BY SAFETY NET
CLINICS AND PROVIDERS.
Section 1903(t) of the Social Security Act (42 U.S.C. 1396b(t)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i), by inserting ``or QSNC-
based'' after ``hospital-based'';
(ii) in clause (ii)--
(I) by inserting ``or QSNC-based''
after ``hospital-based''; and
(II) by striking ``and'' at the end
and inserting ``or''; and
(iii) in clause (iii), by striking ``who
practices predominantly in a Federally
qualified health center or rural health
clinic'' and inserting ``subject to paragraph
(11)(C), who practices predominantly in a
Federally qualified health center, rural health
clinic, or qualified safety net clinic''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``or'';
(ii) in clause (ii), by striking the period
at the end and inserting ``, or''; and
(iii) by adding at the end the following
new clause:
``(iii) subject to paragraph (11), a qualified safety net
clinic (as defined in paragraph (3)(G)).'';
(2) in paragraph (3)--
(A) in subparagraph (B)(v), by striking ``rural
health clinic'' and all that follows through the period
and inserting ``rural health clinic, Federally
qualified health center, or qualified safety net clinic
that is led by a physician assistant.''; and
(B) by adding at the end the following new
subparagraphs:
``(G) The term `qualified safety net clinic' means a clinic
or network of clinics that is operated by a private non-profit
or public entity and that has at least 30 percent of its
patient volume (as estimated in accordance with a methodology
established by the Secretary) attributable to needy individuals
(as defined in subparagraph (F)).
``(H) The term `QSNC-based' means, with respect to an
eligible professional, an individual who furnishes
substantially all of their professional services in a qualified
safety net clinic and through the use of the facilities and
equipment, including qualified electronic health records, of
the clinic. The determination of whether an eligible
professional is a QSNC-based eligible professional shall be
made on the basis of the site of service (as defined by the
Secretary) and without regard to any employment or billing
arrangement between the eligible professional and any other
provider.'';
(3) in paragraph (5)--
(A) in subparagraph (A), by inserting ``clause (i)
or (ii) of'' before ``paragraph (2)(B)''; and
(B) by adding at the end the following new
subparagraph:
``(E) For purposes of payments described in paragraph
(1)(B) to a Medicaid provider described in paragraph
(2)(B)(iii), the Secretary shall establish a methodology for
determining the maximum amount of payment permitted for each
such provider.''; and
(4) by adding at the end the following new paragraph:
``(11)(A) Not later than January 1, 2015, the Secretary, in
consultation with States and other relevant stakeholders, shall
promulgate regulations to establish a procedure through which a
qualified safety net clinic may demonstrate meaningful use of certified
EHR technology by such clinic for purposes of satisfying the
requirement described in paragraph (6)(C)(i)(II).
``(B) A qualified safety net clinic shall not be eligible to
receive payments described in paragraph (1)(B) before the date on which
the Secretary establishes the procedure described in subparagraph (A).
On and after that date, a qualified safety net clinic may receive such
payments if the qualified safety net clinic notifies the Secretary that
the qualified safety net clinic elects to receive such payments in lieu
of the Secretary making payments described in paragraph (1)(A) to the
eligible professionals who practice predominately in the qualified
safety net clinic.
``(C) On or after the date that the Secretary establishes the
procedure described in subparagraph (A), an eligible professional who
practices predominately in a qualified safety net clinic, as described
in paragraph (2)(A)(iii), shall not be eligible to receive payments
described in paragraph (1)(A) if the qualified safety net clinic
receives payments described in paragraph (1)(B).''. | Medicaid Information Technology to Enhance Community Health Act of 2012 or MITECH Act - Amends title XIX (Medicaid) of the Social Security Act to extend payments to encourage the adoption and use of certified electronic health record (EHR) technology to qualified safety net clinics (QSNCs).
Defines a QSNC as a clinic or network of clinics operated by a private non-profit or public entity at least 30% percent of whose patient volume is attributable to needy individuals.
Defines a "QSNC-based" individual as one who furnishes substantially all of his or her professional services in a QSNC and through use of the clinic's facilities and equipment, including qualified EHRs.
Directs the Secretary of Health and Human Services (HHS) to establish a procedure through which a QSNC may demonstrate meaningful use of certified EHR technology in order to receive incentive payments. | A bill to encourage the adoption and use of certified electronic health record technology by safety net providers and clinics. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 8(a) Improvements Act of
2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Despite the significant progress businesses owned by
socially and economically disadvantaged individuals have made
as a result of the business development program under section
8(a) of the Small Business Act (15 U.S.C. 637(a)), such
businesses remain subject to discrimination that creates
substantial barriers to success in the marketplace. The
business development program under section 8(a) of the Small
Business Act reflects the commitment of the Nation to
eradicating discriminatory barriers to the formation and
development of viable businesses by socially and economically
disadvantaged individuals.
(2) Recent evidence presented in Congressional hearings,
roundtables, and academic studies demonstrates, among other
things, the following:
(A) Significant disparities still exist between the
number, size, and income of businesses owned by
socially and economically disadvantaged individuals and
other businesses. These disparities remain even after
controlling for factors such as industry, geography,
education, age, and labor market status.
(B) Discrimination still limits the ability of
socially and economically disadvantaged individuals to
access capital. Socially and economically disadvantaged
individuals are more often denied loans than
individuals who are not minorities, and often pay
higher rates of interest on small business loans.
(C) Socially and economically disadvantaged
individuals who own businesses often experience--
(i) discrimination from prime contractors
and exclusion from critical business networks;
and
(ii) discrimination by bonding companies
and suppliers that impedes the ability of the
businesses to compete equally for Government
contracts.
SEC. 3. DEFINITIONS.
In this Act, the terms ``Administration'' and ``Administrator''
means the Small Business Administration and the Administrator thereof,
respectively.
SEC. 4. PROGRAMS FOR SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL
BUSINESS CONCERNS.
(a) Net Worth Threshold.--
(1) In general.--Section 8(a)(6)(A) of the Small Business
Act (15 U.S.C. 637(a)(6)(A)) is amended--
(A) by inserting ``(i)'' after ``(6)(A)'';
(B) by striking ``In determining the degree of
diminished credit'' and inserting the following:
``(ii)(I) In determining the degree of diminished credit'';
(C) by striking ``In determining the economic
disadvantage'' and inserting the following:
``(iii) In determining the economic disadvantage''; and
(D) by inserting after clause (ii)(I), as so
designated by this section, the following:
``(II)(aa) Not later than 1 year after the date of enactment of the
Section 8(a) Improvements Act of 2010, the Administrator shall--
``(AA) assign each North American Industry Classification
System industry code to a category described in item (cc); and
``(BB) for each category described in item (cc), establish
a maximum net worth for the socially disadvantaged individuals
who own or control small business concerns in the category that
participate in the program under this subsection.
``(bb) The maximum net worth for a category described in item (cc)
shall be not less than the modified net worth limitations established
by the Administrator under section 4(a)(2) of the Section 8(a)
Improvements Act of 2010.
``(cc) The categories described in this item are--
``(AA) manufacturing;
``(BB) construction;
``(CC) professional services; and
``(DD) general services.
``(III) The Administrator shall establish procedures that--
``(aa) account for inflationary adjustments to, and include
a reasonable assumption of, the average income and net worth of
the owners of business concerns that are dominant in the field
of operation of the business concern; and
``(bb) require an annual inflationary adjustment to the
average income and maximum net worth requirements under this
clause.
``(IV) In determining the assets and net worth of a socially
disadvantaged individual under this subparagraph, the Administrator
shall not consider any assets of the individual that are held in a
qualified retirement plan, as that term is defined in section 4974(c)
of the Internal Revenue Code of 1986.''.
(2) Temporary inflationary adjustment.--
(A) In general.--Not later than 30 days after the
date of enactment of this Act, the Administrator shall
modify the net worth limitations established by the
Administrator for purposes of the program under section
8(a) of the Small Business Act (15 U.S.C. 637(a)) by
adjusting the amount of the net worth limitations for
inflation during the period beginning on the date on
which the Administrator established the net worth
limitations and the date of enactment of this Act.
(B) Termination.--The Administrator shall apply the
net worth limitations established under subparagraph
(A) until the effective date of the net worth
limitations established by the Administrator under
clause (ii)(II) of section 8(a)(6)(A) of the Small
Business Act (15 U.S.C. 637(a)(6)(A)), as added by this
subsection.
(b) Transition Period.--Section 7(j)(15) of the Small Business Act
(15 U.S.C. 636(j)(15)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by striking ``Subject to'' and inserting ``(A) Except
as provided in subparagraph (B), and subject to''; and
(3) by adding at the end the following:
``(B)(i) A small business concern may receive developmental
assistance under the Program and contracts under section 8(a) during
the 3-year period beginning on the date on which the small business
concern graduates--
``(I) because the small business concern has participated
in the Program for the total period authorized under
subparagraph (A); or
``(II) under section 8(a)(6)(C)(ii), because the socially
disadvantaged individuals who own or control the small business
concern have a net worth that is more than the maximum net
worth established by the Administrator.
``(ii) After the end of the 3-year period described in clause (i),
a small business concern described in clause (i)--
``(I) may not receive developmental assistance under the
Program or contracts under section 8(a); and
``(II) may continue to perform and receive payment under a
contract received by the small business concern under section
8(a) before the end of the period, under the terms of the
contract.''.
(c) GAO Study.--Section 8(a) of the Small Business Act (15 U.S.C.
637(a)) is amended by adding at the end the following:
``(22) Review of Effectiveness.--
``(A) GAO study.--Not later than 5 years after the date of
enactment of this paragraph, and every 5 years thereafter, the
Comptroller General of the United States shall--
``(i) conduct an evaluation of the effectiveness of
the program under this subsection, including an
examination of--
``(I) the number and size of contracts
applied for, as compared to the number received
by, small business concerns after successfully
completing the program;
``(II) the percentage of small business
concerns that continue to operate during the 3-
year period beginning on the date on which the
small business concerns successfully complete
the program;
``(III) whether the business of small
business concerns increases during the 3-year
period beginning on the date on which the small
business concerns successfully complete the
program; and
``(IV) the number of training sessions
offered under the program; and
``(ii) 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
regarding each evaluation under clause (i).
``(B) SBA report.--Not later than 1 year after the date of
enactment of this paragraph, and every year thereafter, the
Administrator shall 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 evaluating
the program under this section, including an assessment of--
``(i) the regulations promulgated to carry out the
program;
``(ii) online training under the program; and
``(iii) whether the structure of the program is
conducive to business development.''.
SEC. 5. SURETY BOND PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the terms ``bid bond'', ``payment bond'', ``performance
bond'', and ``surety'' have the meanings given those terms in
section 410 of the Small Business Investment Act of 1958 (15
U.S.C. 694a);
(2) the term ``Board'' means the pilot program advisory
board established under subsection (d)(1);
(3) the term ``eligible small business concern'' means a
socially and economically disadvantaged small business concern
that is participating in the program under section 8(a) of the
Small Business Act (15 U.S.C. 637(a));
(4) the term ``Fund'' means the Small Business Surety Bond
Pilot Program Fund established under subsection (e)(1);
(5) the term ``graduated'' has the meaning given that term
in section 7(j)(10)(H) of the Small Business Act (15 U.S.C.
636(j)(10)(H));
(6) the term ``pilot program'' means the surety bond pilot
program established under subsection (b)(1); and
(7) the term ``socially and economically disadvantaged
small business concern'' has the meaning given that term in
section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
(b) Program.--
(1) In general.--The Administrator shall establish a surety
bond pilot program under which the Administrator may guarantee
any surety against loss resulting from a breach of the terms of
a bid bond, payment bond, performance bond, or bonds ancillary
thereto, by an eligible small business concern.
(2) Guarantee percentage.--A guarantee under the pilot
program shall obligate the Administration to pay to a surety 90
percent of the loss incurred and paid by the surety.
(3) Application.--An eligible small business concern
desiring a guarantee under the pilot program shall submit an
application at such time, in such manner, and accompanied by
such information as the Administrator may require.
(4) Review.--A surety desiring a guarantee under the pilot
program against loss resulting from a breach of the terms of a
bid bond, payment bond, performance bond, or bonds ancillary
thereto by an eligible small business concern shall--
(A) submit to the Administrator a report evaluating
whether the eligible small business concern meets such
criteria as the Administrator may establish relating to
whether a bond should be issued to the eligible small
business concern; and
(B) if the Administrator does not guarantee the
surety against loss, submit an update of the report
described in subparagraph (A) every 6 months.
(c) Technical Assistance and Educational Training.--
(1) In general.--The Administrator shall provide technical
assistance and educational training to an eligible small
business concern participating in the pilot program or desiring
to participate in the pilot program for a period of not less
than 3 years, to promote the growth of the eligible small
business concern and assist the eligible small business concern
in promoting job development.
(2) Topics.--
(A) Technical assistance.--The technical assistance
under paragraph (1) shall include assistance relating
to--
(i) scheduling of employees;
(ii) cash flow analysis;
(iii) change orders;
(iv) requisition preparation;
(v) submitting proposals;
(vi) dispute resolution; and
(vii) contract management.
(B) Educational training.--The educational training
under paragraph (1) shall include training regarding--
(i) accounting;
(ii) legal issues;
(iii) infrastructure;
(iv) human resources;
(v) estimating costs;
(vi) scheduling; and
(vii) any other area the Administrator
determines is a key area for which training is
needed for eligible small business concerns.
(d) Panel.--
(1) Establishment.--The Administrator shall establish a
pilot program advisory board to evaluate and make
recommendations regarding the pilot program.
(2) Membership.--The Board shall be composed of 5 members--
(A) who shall be appointed by the Administrator;
(B) not less than 2 of whom shall have graduated
from the program under section 8(a) of the Small
Business Act (15 U.S.C. 637(a)); and
(C) not more than 1 of whom may be an officer or
employee of the Administration.
(3) Duties.--The Board shall--
(A) evaluate and make recommendations to the
Administrator regarding the effectiveness of the pilot
program;
(B) make recommendations to the Administrator
regarding performance measures to evaluate eligible
small business concerns applying for a guarantee under
the pilot program; and
(C) not later than 90 days after the date on which
all members of the Board are appointed, and every year
thereafter until the authority to carry out the pilot
program terminates under subsection (f), 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 regarding the activities of
the Board.
(e) Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a revolving fund to be known as
the ``Small Business Surety Bond Pilot Program Fund'', to be
administered by the Administrator.
(2) Availability.--Amounts in the Fund shall be available
without fiscal year limitation or further appropriation by
Congress.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $20,000,000.
(4) Rescission.--Effective on the day after the date on
which the term of all guarantees made under the pilot program
have ended, all amounts in the Fund are rescinded.
(f) Termination.--The Administrator may not guarantee a surety
against loss under the pilot program on or after the date that is 7
years after the date the date on which the Administrator makes the
first guarantee under the pilot program. | Section 8(a) Improvements Act of 2010 - Directs the Administrator of the Small Business Administration (SBA) to: (1) assign each North American Industry Classification System industry code to a category of either manufacturing, construction, professional services, or general services; and (2) for each category, establish a maximum net worth for the socially disadvantaged individuals who own or control small businesses in that category, for purposes of participation in a program for the award of federal procurement subcontracts to socially and economically disadvantaged small businesses (program). Requires an annual inflationary adjustment to the average income and maximum net worth limits of owners of such businesses, as well as a temporary adjustment within the first 30 days after the enactment of this Act.
Establishes a transition period of three years after a small business has graduated from the 8(a) program, during which period such business may receive developmental assistance through the SBA.
Requires the Comptroller General and the Administrator to each evaluate the program and report evaluation results to the congressional small business committees.
Directs the Administrator to establish a surety bond pilot program under which the Administrator may guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto by a participating eligible small business. Allows the Administrator, under the pilot program, to pay a surety up to 90% of the loss incurred. Requires the Administrator to provide, for up to three years, technical assistance and educational training to a small business participating in the pilot program. Establishes a pilot program advisory board and a Small Business Surety Bond Pilot Program Fund. | A bill to improve the program under section 8(a) of the Small Business Act and to establish a surety bond pilot program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Anti-Corruption Act of
2001''.
SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE.
(a) Report and Certification.--
(1) In general.--Not later than March 1 of each year, the
President shall submit to the appropriate committees a
certification described in paragraph (2) and a report for each
country that received foreign assistance under part I of the
Foreign Assistance Act of 1961 during the fiscal year. The
report shall describe the extent to which each such country is
making progress with respect to the following economic
indicators:
(A) Implementation of comprehensive economic
reform, based on market principles, private ownership,
equitable treatment of foreign private investment,
adoption of a legal and policy framework necessary for
such reform, protection of intellectual property
rights, and respect for contracts.
(B) Elimination of corrupt trade practices by
private persons and government officials.
(C) Moving toward integration into the world
economy.
(2) Certification.--The certification described in this
paragraph means a certification as to whether, based on the
economic indicators described in subparagraphs (A) through (C)
of paragraph (1), each country is--
(A) conducive to United States business;
(B) not conducive to United States business; or
(C) hostile to United States business.
(b) Limitations on Assistance.--
(1) Countries hostile to united states business.--
(A) General limitation.--Beginning on the date the
certification described in subsection (a) is
submitted--
(i) none of the funds made available for
assistance under part I of the Foreign
Assistance Act of 1961 (including unobligated
balances of prior appropriations) may be made
available for the government of a country that
is certified as hostile to United States
business pursuant to such subsection (a); and
(ii) the Secretary of the Treasury shall
instruct the United States Executive Director
of each multilateral development bank to vote
against any loan or other utilization of the
funds of such institution to or by any country
with respect to which a certification described
in clause (i) has been made.
(B) Duration of limitations.--Except as provided in
subsection (c), the limitations described in clauses
(i) and (ii) of subparagraph (A) shall apply with
respect to a country that is certified as hostile to
United States business pursuant to subsection (a) until
the President certifies to the appropriate committees
that the country is making significant progress in
implementing the economic indicators described in
subsection (a)(1) and is no longer hostile to United
States business.
(2) Countries not conducive to united states business.--
(A) Probationary period.--A country that is
certified as not conducive to United States business
pursuant to subsection (a), shall be considered to be
on probation beginning on the date of such
certification.
(B) Required improvement.--Unless the President
certifies to the appropriate committees that the
country is making significant progress in implementing
the economic indicators described in subsection (a) and
is committed to being conducive to United States
business, beginning on the first day of the fiscal year
following the fiscal year in which a country is
certified as not conducive to United States business
pursuant to subsection (a)(2)--
(i) none of the funds made available for
assistance under part I of the Foreign
Assistance Act of 1961 (including unobligated
balances of prior appropriations) may be made
available for the government of such country;
and
(ii) the Secretary of the Treasury shall
instruct the United States Executive Director
of each multilateral development bank to vote
against any loan or other utilization of the
funds of such institution to or by any country
with respect to which a certification described
in subparagraph (A) has been made.
(C) Duration of limitations.--Except as provided in
subsection (c), the limitations described in clauses
(i) and (ii) of subparagraph (B) shall apply with
respect to a country that is certified as not conducive
to United States business pursuant to subsection (a)
until the President certifies to the appropriate
committees that the country is making significant
progress in implementing the economic indicators
described in subsection (a)(1) and is conducive to
United States business.
(c) Exceptions.--
(1) National security interest.--Subsection (b) shall not
apply with respect to a country described in subsection (b) (1)
or (2) if the President determines with respect to such country
that making such funds available is important to the national
security interest of the United States. Any such determination
shall cease to be effective 6 months after being made unless
the President determines that its continuation is important to
the national security interest of the United States.
(2) Other exceptions.--Subsection (b) shall not apply with
respect to--
(A) assistance to meet urgent humanitarian needs
(including providing food, medicine, disaster, and
refugee relief);
(B) democratic political reform and rule of law
activities;
(C) the creation of private sector and
nongovernmental organizations that are independent of
government control; and
(D) the development of a free market economic
system.
SEC. 3. TOLL-FREE NUMBER.
The Secretary of Commerce shall make available a toll-free
telephone number for reporting by members of the public and United
States businesses on the progress that countries receiving foreign
assistance are making in implementing the economic indicators described
in section 2(a)(1). The information obtained from the toll-free
telephone reporting shall be included in the report required by section
2(a).
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate.
(2) Multilateral development bank.--The term ``multilateral
development bank'' means the International Bank for
Reconstruction and Development, the International Development
Association, and the European Bank for Reconstruction and
Development. | International Anti-Corruption Act of 2001 - Directs the President to certify annually to the appropriate congressional committees as to whether each country receiving foreign assistance under the Foreign Assistance Act of 1961 is: (1) conducive to U.S. business; (2) not conducive to U.S. business; or (3) hostile to U.S. business. Prescribes foreign assistance limitations for countries hostile or not conducive to U.S. business.Requires a report to accompany such certification describing the extent to which each such country is making progress in: (1) implementing comprehensive economic reform, based on market principles, private ownership, and other specified economic indicators; (2) eliminating corrupt trade practices by private persons and government officials; and (3) moving toward integration into the world economy.Instructs the Secretary of Commerce to make a toll-free telephone number available for progress reports on countries receiving foreign assistance and implementing specified economic indicators. | A bill to provide that countries receiving foreign assistance be conducive to United States business. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``LGBT Elder Americans Act of 2012''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended--
(1) in paragraph (24)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) status as an LGBT individual.'';
(2) by redesignating--
(A) paragraphs (36) through (54) as paragraphs (38)
through (56), respectively; and
(B) paragraphs (34) and (35) as paragraphs (35) and
(36), respectively;
(3) by inserting after paragraph (33) the following:
``(34) The term `LGBT', used with respect to an individual,
means a lesbian, gay, bisexual, or transgender individual.'';
and
(4) by inserting after paragraph (36), as so redesignated,
the following:
``(37) The term `minority', used with respect to an
individual, includes a lesbian, gay, bisexual, or transgender
individual.''.
(b) Conforming Amendment.--Section 215(e)(1)(J) of the Older
Americans Act of 1965 (42 U.S.C. 3020e-1(e)(1)(J)) is amended by
striking ``minorities'' and inserting ``minority individuals''.
SEC. 3. ADMINISTRATION ON AGING.
(a) Establishment of Administration.--Section 201 of the Older
Americans Act of 1965 (42 U.S.C. 3011) is amended--
(1) in subsection (d)(3)(J), by inserting before the
semicolon the following: ``, including the effectiveness of
such services in meeting the needs of LGBT older individuals'';
and
(2) by adding at the end the following:
``(g) The Assistant Secretary is authorized to designate within the
Administration a person to have responsibility for addressing issues
affecting LGBT older individuals.''.
(b) Functions of Assistant Secretary.--Section 202 of the Older
Americans Act of 1965 (42 U.S.C. 3012) is amended--
(1) in subsection (a)--
(A) in paragraph (16)(A)(ii), by inserting ``, and
separately specifying the number of such individuals
who are LGBT individuals'' before the semicolon;
(B) in paragraph (27)(C), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (28), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(29) conduct studies and collect data to determine the
services that are needed by LGBT older individuals.''; and
(2) by adding at the end the following:
``(g)(1) The Assistant Secretary shall, directly or by grant or
contract, establish and operate the National Resource Center on
Lesbian, Gay, Bisexual, and Transgender Aging (in this subsection
referred to as the `Center').
``(2) To address the unique challenges faced by LGBT older adults,
the Center shall provide national, State, and local organizations,
including those with a primary mission of serving LGBT individuals, and
those with a primary mission of serving older adults, with the
information and technical assistance the organizations need to
effectively serve LGBT older adults.
``(3) The Center shall have 3 primary objectives, consisting of--
``(A) educating aging services organizations about the
existence and special needs of LGBT older adults;
``(B) sensitizing LGBT organizations about the existence
and special needs of older adults; and
``(C) providing educational resources to LGBT older adults
and their caregivers.
``(4)(A) To be eligible to receive funds under this subsection, an
entity--
``(i) shall have demonstrated expertise in working with
organizations or individuals on issues affecting LGBT
individuals;
``(ii) shall have documented experience in providing
training and technical assistance on a national basis or a
formal relationship with an organization that has that
experience; and
``(iii) shall meet such other criteria as the Assistant
Secretary shall issue.
``(B) To be eligible to receive funds under this subsection, an
entity shall submit an application to the Assistant Secretary at such
time, in such manner, and containing such information as the Assistant
Secretary may require.
``(5) The Assistant Secretary shall make available to the Center on
an annual basis such resources as are necessary for the Center to carry
out effectively the functions of the Center under this Act and not less
than the amount of resources made available to the National Resource
Center on Lesbian, Gay, Bisexual, and Transgender Aging for fiscal year
2012.
``(6) The Assistant Secretary shall develop and issue operating
standards and reporting requirements for the Center.''.
(c) Reports.--Section 207 of the Older Americans Act of 1965 (42
U.S.C. 3018) is amended--
(1) in subsection (a)(3), by inserting ``LGBT
individuals,'' after ``low-income individuals,'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, and
separately specify the number of such individuals who
are LGBT individuals'' before the semicolon;
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) the effectiveness of such activities in assisting
LGBT individuals;''; and
(3) by adding at the end the following:
``(d) The Assistant Secretary shall ensure that--
``(1) no individual will be required to provide information
regarding the sexual orientation or gender identity of the
individual as a condition of participating in activities or
receiving services under this Act; and
``(2) no agency or other entity providing activities or
services under this Act, that receives, for the purposes of
this Act, information regarding the sexual orientation or
gender identity of an individual will disclose the information
in any form that would permit such individual to be identified.
``(e) The Assistant Secretary shall develop appropriate protocols,
demonstrations, tools, or guidance for use by State agencies and area
agencies on aging, to ensure successful implementation of data
collection requirements under section 201(d)(3)(J), paragraphs
(16)(A)(ii) and (29) of section 202(a), subsections (a)(3), (c)(1), and
(c)(4), and section 307(a)(6), relating to LGBT individuals.
``(f) The Assistant Secretary shall determine when such data
collection requirements shall apply, taking into consideration the
complexity and importance of each requirement, but each requirement
shall apply not later than 1 year after the date of enactment of the
LGBT Elder Americans Act of 2012.''.
SEC. 4. GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING.
Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C.
3021(a)(2)) is amended--
(1) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) organizations that serve LGBT individuals;
and''.
SEC. 5. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY.
Section 411(a)(11) of the Older Americans Act of 1965 (42 U.S.C.
3032(a)(11)) is amended to read as follows:
``(11) conducting activities of national significance to
promote quality and continuous improvement in the support and
services provided to individuals with greatest social need,
through activities that include needs assessment, program
development and evaluation, training, technical assistance, and
research, concerning--
``(A) addressing physical and mental health,
disabilities, and health disparities;
``(B) providing long-term care, including in-home
and community-based care;
``(C) providing informal care, and formal care in a
facility setting;
``(D) providing access to culturally responsive
health and human services; and
``(E) addressing other gaps in assistance and
issues that the Assistant Secretary determines are of
particular importance to older individuals with
greatest social need.''.
SEC. 6. DATA ON DISCRIMINATION.
Section 712(a)(3) of the Older Americans Act of 1965 (42 U.S.C.
3058g(a)(3)) is amended--
(1) by redesignating subparagraphs (F) through (I) as
subparagraphs (G) through (J); and
(2) by inserting after subparagraph (E) the following:
``(F) collect and analyze data, relating to
discrimination against LGBT older individuals on the
basis of actual or perceived sexual orientation or
gender identity in the admission to, transfer or
discharge from, or lack of adequate care provided in
long term care settings, and shall include the analyses
in the reports;''. | LGBT Elder Americans Act of 2012 - Amends the Older Americans Act of 1965 to include LGBT individuals (lesbian, gay, bisexual, and transgendered individuals) within the purview of such Act, particularly their status as LGBT individuals among those with the greatest social need.
Authorizes the Assistant Secretary of Aging to: (1) designate within the Administration on Aging a person with responsibility for addressing issues affecting LGBT older individuals; (2) conduct studies and collect data to determine the services needed by LGBT older individuals; and (3) establish and operate the National Resource Center on Lesbian, Gay, Bisexual, and Transgendered Aging.
Revises the list of activities of national significance for families and other caregiverrs, for which the Assistant Secretary's grants may be used, to specify those provided to individuals with greatest social need which: (1) address physical and mental health, disabilities, and health disparities; (2) provide long-term care, including in-home and community-based care; (3) provide informal care and formal care in a facility setting; (4) provide access to culturally responsive health and human services; and (5) address other gaps in assistance and issues of particular importance to older individuals with the greatest social need.
Requires a State Long-Term Care Ombudsman to collect and analyze discrimination data with respect to LGBT older individuals in the admission to, transfer or discharge from, or lack of adequate care provided in long-term care settings. | A bill to amend the Older Americans Act of 1965 to provide equal treatment of LGBT older individuals. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Equipment Compatibility With
Instant Runoff Voting Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the three Presidential elections since 1988, most
States have awarded their electoral votes to a candidate who
earned less than half the popular vote in that State.
(2) In many elections, the majority of voters split their
votes between two similar candidates, letting a third candidate
supported by only a minority of the electorate win the
election.
(3) The principle of majority rule is violated when the
majority does not choose the winner of an election.
(4) A simple solution to this problem of non majority
winners is to require the winner of an election to earn a
majority of votes.
(5) Instant runoff voting, as used in Ireland, Australia,
and London, requires the winner of an election to earn a
majority of votes. Voters rank candidates in case their
favorite candidate is eliminated, and the votes of the
candidate's supporters count for their second choice in a
runoff round. This process continues until one candidate earns
a majority of votes.
(6) There is increased interest in instant runoff voting.
For example, Alaskans in 2002 will vote on whether to adopt
instant runoff voting for Presidential elections in 2004. In
1999, the New Mexico Senate passed legislation providing for a
ballot measure under which voters would be allowed to implement
instant runoff voting for Presidential elections. In Vermont,
legislation to enact instant runoff voting for statewide
offices, including the Presidential race, has been endorsed by
Common Cause, the League of Women Voters, and the Grange.
Additionally, the legislatures of States such as Maine,
Maryland, Minnesota, and Washington in 2001 debated legislation
to enact instant runoff voting for Presidential elections, and
the Speaker of the California Assembly has introduced a bill to
implement instant runoff voting in elections to fill vacancies
in Congress.
(7) In order to conduct an instant runoff election, voting
equipment must be compatible with ranked ballots.
(8) Consistent with the national underinvestment in voting
equipment, much of the Nation's voting equipment is not
currently compatible with ranked ballots.
(9) There are currently no Federal mandatory minimum
standards for voting equipment. Although the Federal Election
Commission has promulgated voluntary standards, these voluntary
standards do not include compatibility with ranked ballots.
SEC. 3. FUNDING FOR STATES IMPLEMENTING INSTANT RUNOFF VOTING FOR
PRESIDENTIAL ELECTIONS.
(a) Establishment of Grant Program.--There is established a program
under which the Federal Election Commission (hereafter in this Act
referred to as the ``Commission'') shall make grants to eligible States
which have adopted an instant runoff voting system for presidential
elections to defray the costs of administering such a system, including
the costs of purchasing voting equipment, software, and other
technology necessary for such a system.
(b) Plan for Program.--Not later than 60 days after the date of the
enactment of this Act, the Commission shall develop and make public a
plan describing the criteria to be used in the solicitation and
approval of applications for grants under this Act and the criteria to
be used in overseeing the use of funds provided under such grants,
except that under such criteria the Commission may not require a State
to match any portion of the amount awarded as a condition of
eligibility.
(c) Eligibility of States.--
(1) In general.--A State is eligible to receive a grant
under the program under this section if it submits to the
Commission (in such form and manner as the Commission may
require) an application containing such information and
assurances as the Commission may require.
(2) Deadline for application.--The Commission may not
consider an application for a grant under this section unless
the application is submitted prior to the expiration of the 60-
day period which begins on the date the Commission makes public
the plan developed under subsection (b).
(3) Deadline for response.--The Commission shall approve or
reject an application submitted under this subsection not later
than 120 days after receiving the application.
(4) Criteria for rejection.--The Commission may not reject
an application submitted under this subsection unless it finds
that--
(A) the equipment, software, or other technology
used to administer elections in the State is not
compatible with an instant runoff voting system; or
(B) the State does not provide for appropriate
education for voters, poll workers, and election
officials in the use of an instant runoff voting
system.
(d) Cap on Amount of Grant.--The amount of any grant awarded to a
State under the program under this section may not exceed the product
of--
(1) the number of residents in the State at the time the
grant is awarded (based on the most recent decennial census);
and
(2) $12.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the program under this section--
(1) $30,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for fiscal year 2003 and
each succeeding fiscal year.
SEC. 4. REQUIRING STATES TO USE VOTING EQUIPMENT COMPATIBLE WITH
INSTANT RUNOFF VOTING FOR FEDERAL ELECTIONS.
(a) In General.--Notwithstanding any other provision of law, each
State shall administer elections for Federal office using voting
equipment and technology which is compatible with an instant runoff
voting system.
(b) Effective Date.--Subsection (a) shall apply with respect to the
regularly scheduled general election for Federal office held during
2004 and each succeeding election for Federal office.
SEC. 5. DEFINITIONS.
(a) Instant Runoff Voting System.--In this Act, the term ``instant
runoff voting system'' means a system for the election of candidates
under which--
(1) voters may rank candidates on the ballot according to
the order of preference;
(2) runoff counts of candidates are conducted in rounds;
(3) if in any round no candidate receives a majority of the
votes cast, the candidate with the fewest number of votes is
eliminated and the remaining candidates advance to the next
round;
(4) in each round, a voter shall be considered to have cast
one vote for the candidate the voter ranked highest on the
ballot who has not been eliminated; and
(5) the runoff counts are carried out automatically at the
time the votes are cast and tabulated.
(b) State.--In this Act, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and
the United States Virgin Islands.
SEC. 6. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act may be construed to supersede or conflict with
the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.) or the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.). | Voting Equipment Compatibility With Instant Runoff Voting Act of 2001 - Establishes a program under which the Federal Election Commission shall make grants to eligible States to defray the costs of administering an instant runoff voting system adopted for presidential elections, including the costs of purchasing voting equipment, software, and other technology necessary for such a system.Requires each State to administer elections for Federal office using voting equipment and technology compatible with an instant runoff voting system. | To direct the Federal Election Commission to make grants to States which have adopted an instant runoff voting system for presidential elections, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Student Act of 2015''.
SEC. 2. SUPPORT FOR WORKING STUDENTS.
(a) Dependent Students.--Section 475(g)(2)(D) of the Higher
Education Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as
follows:
``(D) an income protection allowance (or a
successor amount prescribed by the Secretary under
section 478) of $8,519 for academic year 2016-2017;''.
(b) Independent Students Without Dependents Other Than a Spouse.--
Section 476(b)(1)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C.
1087pp(b)(1)(A)(iv)) is amended to read as follows:
``(iv) an income protection allowance (or a
successor amount prescribed by the Secretary
under section 478)--
``(I) for single or separated
students, or married students where
both are enrolled pursuant to
subsection (a)(2), of $13,244 for
academic year 2016-2017; and
``(II) for married students where 1
is enrolled pursuant to subsection
(a)(2), of $21,222 for academic year
2016-2017;''.
(c) Independent Students With Dependents Other Than a Spouse.--
Section 477(b)(4) of the Higher Education Act of 1965 (20 U.S.C.
1087qq(b)(4)) is amended to read as follows:
``(4) Income protection allowance.--The income protection
allowance is determined by the following table (or a successor
table prescribed by the Secretary under section 478), for
academic year 2016-2017:
``Income Protection Allowance
----------------------------------------------------------------------------------------------------------------
Family Size Number in College
----------------------------------------------------------------------------------------------------------------
For each
(including 1 2 3 4 5 additional
student) subtract:
----------------------------------------------------------------------------------------------------------------
2 $33,534 $27,797 $4,230
3 41,742 36,045 $30,308
4 51,543 45,833 40,122 $34,385
5 60,831 55,080 49,370 43,659 $37,949
6 71,321 65,408 59,724 53,960 48,276
For each
additional
add: 5,950 ''.
----------------------------------------------------------------------------------------------------------------
(d) Updated Tables and Amounts.--Section 478(b) of the Higher
Education Act of 1965 (20 U.S.C. 1087rr(b)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) In general.--For each academic year after
academic year 2016-2017, the Secretary shall publish in
the Federal Register a revised table of income
protection allowances for the purpose of sections
475(c)(4) and 477(b)(4), subject to subparagraphs (B)
and (C).
``(B) Table for independent students.--For each
academic year after academic year 2016-2017, the
Secretary shall develop the revised table of income
protection allowances by increasing each of the dollar
amounts contained in the table of income protection
allowances under section 477(b)(4) by a percentage
equal to the estimated percentage increase in the
Consumer Price Index (as determined by the Secretary)
between December 2014 and the December next preceding
the beginning of such academic year, and rounding the
result to the nearest $10.''; and
(2) in paragraph (2), by striking ``shall be developed''
and all that follows through the period at the end and
inserting ``shall be developed for each academic year after
academic year 2016-2017, by increasing each of the dollar
amounts contained in such section for academic year 2016-2017
by a percentage equal to the estimated percentage increase in
the Consumer Price Index (as determined by the Secretary)
between December 2014 and the December next preceding the
beginning of such academic year, and rounding the result to the
nearest $10.''.
(e) Effective Date.--The amendments made by this section shall be
effective on July 1, 2016. | Working Student Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify the income protection allowance levels used to calculate a student's expected family contribution and need for financial assistance. (An income protection allowance is an amount for basic living expenses that is protected from being considered income available for postsecondary educational expenses.) Specifically, the bill increases, in academic year 2016-2017, income protection allowance levels for students who are dependent, independent without non-spouse dependents (e.g., children), and independent with non-spouse dependents to reduce such students' income available (and increase need for financial assistance) to cover postsecondary educational expenses. The Department of Education must, in subsequent years, adjust the income protection allowance levels for inflation. | Working Student Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Karst Conservation Act
of 2001''.
SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) The Karst Region of Puerto Rico is a unique geological
formation that is critical to the maintenance of aquifers and
watersheds which constitute a principal water supply for much
of Puerto Rico.
(2) The Karst Region is threatened by development, which,
if unchecked, could permanently damage aquifers supplying fresh
water and cause irreparable damage to natural and environmental
assets that are unique to the United States and Puerto Rico.
(3) Puerto Rico has one of the highest population densities
in the United States, which further makes the protection of the
Karst Region an imperative for the maintenance of the public
health and welfare of the citizens of Puerto Rico.
(4) The Karst Region possesses extraordinary ecological
diversity, including the habitats of several endangered and
threatened species and tropical migrants and is, therefore, an
area of critical value to research in tropical forest
management.
(5) Coordinated efforts at land protection by the Federal
Government and the Commonwealth of Puerto Rico will be
necessary to conserve the environmentally critical Karst
Region.
(b) Purposes.--The purposes of this Act are to authorize the
Secretary of Agriculture, in cooperation with the Commonwealth of
Puerto Rico, to undertake a program of land conservation, acquisition,
and research to protect and manage the geological and ecological values
of the Karst Region, with particular emphasis on the maintenance of
biodiversity within a tropical forest ecosystem and protection of the
aquifers which are vital to the health and well being of the citizens
of Puerto Rico.
(c) Definitions.--In this Act:
(1) Karst region.--The term ``Karst Region'' means those
areas in the Commonwealth of Puerto Rico generally depicted on
the map entitled ``Karst Region Conservation Area'' and dated
March 2001. The map shall be on file and available for public
inspection in the Office of the Secretary, Puerto Rico
Department of Natural and Environmental Resources, and the
Office of the Chief of the Forest Service.
(2) Land.--The term ``land'' includes lands, waters, and
interests in lands and waters.
(3) Fund.--The term ``Fund'' means the Puerto Rico Karst
Conservation Fund'' established by section 4.
(4) Forest legacy program.--The term ``Forest Legacy
Program'' means the program established pursuant to section 7
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. KARST REGION CONSERVATION ACTIVITIES.
(a) Land Acquisition.--
(1) Authorization.--In furtherance of the purposes of this
Act, the Secretary may acquire land in the Karst Region or
immediately adjacent to the Karst Region.
(2) Willing sellers.--All acquisitions of land by the
Secretary on behalf of the United States under paragraph (1)
shall be for fair market value on a willing seller basis.
(3) Funding Source.--The Secretary may carry out land
acquisition activities under paragraph (1) using amounts in the
Fund, amounts appropriated for the Forest Legacy Program,
amounts in the Land and Water Conservation Fund, and any other
moneys made available for such purpose.
(b) Management.--The Secretary shall manage land acquired under
subsection (a) pursuant to this Act, the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 620 et seq.), and the laws
and regulations applicable to the National Forest System.
(c) Cooperative Approach.--The Secretary may make grants to and
enter into contracts and cooperative agreements with the Commonwealth
of Puerto Rico, other Federal agencies, organizations, and corporations
for the acquisition, protection, and management of Federal and non-
Federal land in the Karst Region.
(d) Relation to Other Authorities.--Nothing in this Act shall
diminish any other authority that the Secretary may have to acquire,
protect, and manage natural resources in Puerto Rico.
SEC. 4. PUERTO RICO KARST CONSERVATION FUND.
(a) Establishment.--There is hereby established on the books of the
Treasury an interest bearing account to be known as the ``Puerto Rico
Karst Conservation Fund''.
(b) Credits to Funds.--There shall be credited to the Fund the
following:
(1) Amounts authorized for and appropriated to the Fund.
(2) All moneys generated from the Caribbean National
Forest, except the following:
(A) Amounts required to be paid to the Commonwealth
of Puerto Rico pursuant to the sixth paragraph under
the heading ``FOREST SERVICE'' in the Act of May 23,
1908, or section 13 of the Act of March 1, 1911 (16
U.S.C. 500).
(B) Amounts required to be retained for the
construction and maintenance of roads and trails
pursuant to the fourteenth paragraph under the heading
``FOREST SERVICE'' in the Act of March 4, 1913 (16
U.S.C. 501).
(C) Amounts collected under the Recreation Fee
Demonstration Program authorized pursuant to section
315 of the Department of the Interior and Related
Agencies Appropriations Act, 1996 (as contained in
section 101(c) of Public Law 104-134; 16 U.S.C. 460l-6a
note).
(3) All moneys received by the Administrator of General
Services from the disposal of surplus real property in Puerto
Rico pursuant to the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
(4) Interest derived from amounts in the Fund and any other
moneys donated for deposit in the Fund.
(c) Use of Fund.--Amounts in the Fund shall be available to the
Secretary until expended, without further appropriation, for the
purchase of land in the Karst Region and related acquisition management
expenses as authorized by section 3.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) Donations.--The Secretary may accept for deposit in the Fund
donations made by public and private agencies, corporations,
organizations, and individuals in furtherance of the purposes of this
Act. The Secretary may accept such donations even though the donor
conducts business with or is regulated by the Department of Agriculture
or any other department or agency of the United States.
(b) Relation to Forest Legacy Program.--
(1) In general.--All lands in the Karst Region shall be
eligible for inclusion in the Forest Legacy Program.
(2) Cost sharing.--The Secretary may credit donations made
under subsection (a) to satisfy any cost sharing requirements
of the Forest Legacy Program.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $100,000,000 to be credited
to the Fund. | Puerto Rico Karst Conservation Act of 2001 - Authorizes the Secretary of Agriculture to acquire land in or immediately adjacent to the Karst Region of Puerto Rico for the purpose of protecting and managing the geological and ecological values of the region, with particular emphasis on the maintenance of biodiversity within a tropical forest ecosystem and protection of the aquifers. Authorizes the Secretary to: (1) carry out such land acquisition using amounts in the Puerto Rico Karst Conservation Fund established by this Act, amounts appropriated for the Forest Legacy Program, and amounts in the Land and Water Conservation Fund; and (2) make grants to and enter into contracts and cooperative agreements with the Commonwealth of Puerto Rico, other Federal agencies, organizations, and corporations for the acquisition, protection, and management of Federal and non-Federal land in such region.Makes all lands in such region eligible for inclusion in the Forest Legacy Program. | To authorize the Secretary of Agriculture to acquire and manage lands in the Commonwealth of Puerto Rico to provide for the protection of critical aquifers and watersheds that serve as a principal water supply for Puerto Rico, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Positive Aging Act of 2002''.
SEC. 2. FINDINGS; STATEMENT OF PURPOSE.
(a) Findings.--The Congress finds that--
(1) although, on average, \1/4\ of all patients seen in
primary care settings have a mental illness, primary care
practitioners identify such illness in only about half of these
cases;
(2) four mental disorders are among the 10 leading causes
of disability in the United States;
(3) among the elderly, 10 percent have dementia and as many
as one quarter have significant clinical depression;
(4) access to mental health services by the elderly is
compromised by health benefits coverage limits, gaps in the
mental health services delivery system, and shortages of
geriatric mental health practitioners;
(5) the integration of medical and mental health treatment
provides an effective means of coordinating care, improving
mental health outcomes, and saving health care dollars; and
(6) the treatment of mental illness in elderly patients,
particularly those with other chronic diseases, can improve
health outcomes and the quality of life for these patients.
(b) Statement of Purpose.--In order to address the emerging crisis
in the identification and treatment of mental illness among the
elderly, it is the purpose of this Act to--
(1) promote models of care that integrate mental health
services and medical care within primary care settings; and
(2) improve access by geriatric patients to mental health
services in community-based settings.
TITLE I--ENHANCING ACCESS TO MENTAL HEALTH SERVICES FOR THE ELDERLY
SEC. 101. SERVICES IMPLEMENTATION PROJECTS TO SUPPORT INTEGRATION OF
MENTAL HEALTH SERVICES IN PRIMARY CARE SETTINGS.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended--
(1) in section 520(b)--
(A) in paragraph (14), by striking ``and'' at the
end;
(B) in paragraph (15), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following paragraph:
``(16) conduct the demonstration projects specified in
section 520K.''; and
(2) by adding at the end the following section:
``SEC. 520K. PROJECTS TO DEMONSTRATE INTEGRATION OF MENTAL HEALTH
SERVICES IN PRIMARY CARE SETTINGS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall make grants to public and
private nonprofit entities for evidence-based projects to demonstrate
ways of integrating mental health services for geriatric patients into
primary care settings, such as health centers receiving a grant under
section 330 (or determined by the Secretary to meet the requirements
for receiving such a grant), other Federally qualified health centers,
primary care clinics, and private practice sites.
``(b) Requirements.--In order to qualify for a grant under this
section, a project shall--
``(1) provide for collaborative care within a primary care
setting, including screening services by a mental health
professional with at least a masters degree in an appropriate
field of training, supported by psychiatrists with appropriate
training and experience in the treatment of geriatric patients;
``(2) make available to such patients referrals for
necessary follow-up care, consultations, and care planning
oversight; and
``(3) adopt and implement evidence-based protocols, to the
extent available, for prevalent mental health disorders,
including depression, anxiety, behavioral and psychological symptoms of
dementia, psychosis, and misuse of, or dependence on, alcohol or
medication.
``(c) Considerations in Awarding Grants.--To the extent feasible,
the Secretary shall assure that--
``(1) grants under this section are awarded to projects in
a variety of geographic areas, including urban and rural areas;
and
``(2) that the needs of ethnically diverse at-risk
populations are addressed.
``(d) Duration.--A project may receive funding pursuant to a grant
under this section for a period of up to 3 years, with an extension
period of two additional years at the discretion of the Secretary.
``(e) Application.--In order to receive a grant under this section,
a public or private nonprofit entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, at such time as the Secretary may
specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data necessary to evaluate patient
outcomes and to facilitate evaluations across participating
projects.
``(f) Evaluation.--Not later than 6 months after the close of a
calendar year, the Secretary shall submit to the Congress a report
evaluating the projects receiving awards under this section for such
year.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2003 and each fiscal year thereafter such
sums as may be necessary to carry out this section.''.
SEC. 102. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT OUTREACH
TEAMS.
Subpart 3 of part B of title V of the Public Health Service Act, as
amended by section 101 of this Act, is further amended by adding at the
end the following section:
``SEC. 520L. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT
OUTREACH TEAMS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall make grants to public or
private nonprofit entities that are community-based providers of
geriatric mental health services, to support the establishment and
maintenance by such entities of multi-disciplinary geriatric mental
health outreach teams in community settings where elderly persons
reside or receive social services. Entities eligible for such grants
include (but are not limited to)--
``(1) mental health service providers of a State or local
government;
``(2) outpatient programs of private, nonprofit hospitals;
and
``(3) community mental health centers meeting the criteria
specified in section 1913(c).
``(b) Requirements.--In order to qualify for a grant under this
section, an entity shall--
``(1) adopt and implement, for use by its mental health
outreach team, evidence-based intervention and treatment
protocols (to the extent such protocols are available) for
mental disorders prevalent in geriatric patients, relying to
the greatest extent feasible on protocols that have been
developed--
``(A) by or under the auspices of the Secretary; or
``(B) by geriatric mental health programs based at
academic medical centers;
``(2) provide screening for mental disorders, diagnostic
services, referrals for treatment, and case management and
coordination through such teams; and
``(3) coordinate and integrate the services provided by
such team with the services of social service and medical
providers at the site or sites where the team is based in order
to--
``(A) improve patient outcomes; and
``(B) to assure, to the maximum extent feasible,
the continuing independence of geriatric patients who
are residing in the community.
``(c) Cooperative Arrangements With Sites Serving as Bases for
Outreach Teams.--An entity receiving a grant under this section may
enter into an agreement with a person operating a site at which a
geriatric mental health outreach team of the entity is based, including
(but not limited to)--
``(1) senior centers,
``(2) adult day care programs,
``(3) assisted living facilities, and
``(4) recipients of grants to provide services to senior
citizens under the Older Americans Act, under which such person
provides (and is reimbursed by the entity, out of funds
received under the grant, for) any supportive services, such as
transportation and administrative support, that such person
provides to an outreach team of such entity.
``(d) Considerations in Awarding Grants.--To the extent feasible,
the Secretary shall assure that--
``(1) grants under this section are awarded to projects in
a variety of geographic areas, including urban and rural areas;
and
``(2) that the needs of ethnically diverse at-risk
populations are addressed.
``(e) Application.--In order to receive a grant under this section,
an entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, at such time as the Secretary may
specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data necessary to evaluate patient
outcomes and to facilitate evaluations across participating
projects.
``(f) Evaluation.--Not later than 6 months after the close of a
calendar year, the Secretary shall submit to the Congress a report
evaluating the programs receiving a grant under this section for such
year.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2003 and each fiscal year thereafter such
sums as may be necessary to carry out this section.''.
TITLE II--ADMINISTRATIVE CHANGES TO STRENGTHEN PROGRAMS FOR GERIATRIC
MENTAL HEALTH SERVICES
SEC. 201. DESIGNATION OF DEPUTY DIRECTOR FOR GERIATRIC MENTAL HEALTH
SERVICES IN CENTER FOR MENTAL HEALTH SERVICES.
Section 520 of the Public Health Service Act (42 U.S.C. 290bb-31)
is amended by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
``(c) Deputy Director for Geriatric Mental Health Services.--The
Director, after consultation with the Administrator, shall designate a
Deputy Director for Geriatric Mental Health Services, who shall be
responsible for the development and implementation of initiatives of
the Center to address the mental health needs of older adults. Such
initiatives shall include (but are not limited to)--
``(1) research on prevention and identification of mental
disorders in the geriatric population;
``(2) innovative demonstration projects for the delivery of
community-based mental health services for older Americans;
``(3) support for the development and dissemination of
evidence-based practice models, including models to address
dependence on, and misuse of, alcohol and medication in
geriatric patients; and
``(4) development of model training programs for mental
health professionals and care givers serving geriatric
patients.''.
SEC. 202. MEMBERSHIP OF ADVISORY COUNCIL FOR THE CENTER FOR MENTAL
HEALTH SERVICES.
Section 502(b)(3) of the Public Health service Act (42 U.S.C.
269aa-1(b)(3)) is amended by adding at the end the following:
``(C) In the case of the advisory council for the
Center for Mental Health Services, the members
appointed pursuant to subparagraphs (A) and (B) shall
include representatives of older Americans, their
families, and geriatric mental health specialists,
including at least one physician with board
certification in geriatric psychiatry.''.
SEC. 203. PROJECTS OF NATIONAL SIGNIFICANCE TARGETING SUBSTANCE ABUSE
IN GERIATRIC PATIENTS.
Section 509(b)(2) of the Public Health Service Act (42 U.S.C.
290bb-2(b)(2)) is amended by inserting before the period the following:
``, and to providing treatment for geriatric patients with alcohol or
substance abuse or addiction, including medication misuse or
dependence''.
SEC. 204. CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL HEALTH
SERVICES BLOCK GRANTS.
(a) In General.--Section 1912(b) of the Public Health Service Act
(42 U.S.C. 300x-2(b)) is amended by inserting after paragraph (5) the
following:
``(6) Goals and initiatives for improving access to
services for geriatric patients.--The plan--
``(A) specifies goals for improving access by older
Americans to community-based mental health services;
``(B) includes a plan identifying and addressing
the unmet needs of such individuals for mental health
services; and
``(C) includes an inventory of the services,
personnel, and treatment sites available to improve the
delivery of mental health services to such
individuals.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to State plans submitted under section 1912 of the Public Health
Service Act on or after the date that is 180 days after the date of the
enactment of this Act. | Positive Aging Act of 2002 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Center for Mental Health Services, to make grants for evidence-based demonstration projects to integrate mental health services for geriatric patients into primary care settings. Requires the inclusion of collaborative care, screening services, referrals, and protocols for prevalent mental health disorders, such as depression, anxiety, dementia, and substance abuse.Requires the Director to make grants to community-based providers of geriatric mental health services for multi-disciplinary health outreach teams. Authorizes cooperative agreements with senior centers, adult day care programs, assisted living facilities, and other places providing services to senior citizens under the Older Americans Act.Requires the Director to designate a Deputy Director for Geriatric Mental Health Services to develop and implement research programs, demonstration projects, models, and model training programs.Revises the membership of the Advisory Council for the Center for Mental Health Services to include representatives of older Americans, their families, and geriatric mental health specialists.Revises the criteria for State plans under Community Mental Health Services Block Grants to include goals and initiatives for improving access to services for geriatric patients. | To amend the Public Health Sevice Act with respect to mental health services for elderly individuals. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rails to Resources Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) rail transportation is an essential component of the
North American intermodal transportation system;
(2) the development of economically strong and socially
stable communities in the western United States and Canada was
encouraged significantly by government policies promoting the
development of integrated transcontinental, interstate and
interprovincial rail systems in the states, territories and
provinces of the two countries;
(3) United States and Canadian federal support for the
completion of new elements of the transcontinental, interstate
and interprovincial rail systems was halted before rail
connections were established to the state of Alaska and the
Yukon Territory;
(4) both public and private lands in Alaska, the Yukon
Territory and northern British Columbia, including lands held
by aboriginal peoples, contain extensive deposits of oil, gas,
coal and other minerals as well as valuable forest products
which presently are inaccessible, but which could provide
significant economic benefit to local communities and to both
nations if an economically efficient transportation system was
available;
(5) rail transportation in otherwise isolated areas
facilitates controlled access and reduced overall impact to
environmentally sensitive areas;
(6) the extension of the continental rail system through
northern British Columbia and the Yukon Territory to the
current terminus of the Alaska Railroad would significantly
benefit the U.S. and Canadian visitor industries by
facilitating the comfortable movement of passengers over long
distances while minimizing effects on the surrounding areas;
and
(7) ongoing research and development efforts in the rail
industry continue to increase the efficiency of rail
transportation, ensure safety, and decrease the impact of rail
service on the environment.
SEC. 3. AGREEMENT FOR A UNITED STATES-CANADA BILATERAL COMMISSION.
The President is authorized and urged to enter into an agreement
with the Government of Canada to establish a joint commission to study
the feasibility and advisability of linking the rail system in Alaska
to the nearest appropriate point on the North American continental rail
system.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Membership.--
(1) Total membership.--The Agreement should provide for the
Commission to be composed of 20 members, of which 10 members
are appointed by the President and 10 members are appointed by
the Government of Canada.
(2) General qualifications.--The Agreement should provide
for the membership of the Commission, to the maximum extent
practicable, to be representative of--
(A) the interests of the local communities
(including the governments of the communities),
aboriginal peoples, and businesses that would be
affected by the connection of the rail system in Alaska
to the North American continental rail system; and
(B) a broad range of expertise in areas of
knowledge that are relevant to the significant issues
to be considered by the Commission, including
economics, engineering, management of resources (such
as minerals and timber), social sciences, fish and game
management, environmental sciences, and transportation.
(b) United States Membership.--If the United States and Canada
enter into an agreement providing for the establishment of the
Commission, the President shall appoint the United States members of
the Commission as follows:
(1) Two members from among persons who are qualified to
represent the interests of communities and local governments of
Alaska.
(2) One member representing the State of Alaska, to be
nominated by the Governor of Alaska.
(3) One member from among persons who are qualified to
represent the interests of Native Alaskans residing in the area
of Alaska that would be affected by the extension of rail
service.
(4) Three members from among persons involved in commercial
activities in Alaska who are qualified to represent commercial
interests in Alaska, of which one shall be a representative of
the Alaska Railroad Corporation.
(5) Three members with relevant expertise, at least one of
whom shall be an engineer with expertise in subarctic
transportation.
(c) Canadian Membership.--The Agreement should provide for the
Canadian membership of the Commission to be representative of broad
categories of interests of Canada as the Government of Canada
determines appropriate, consistent with subsection (a)(2).
SEC. 5. GOVERNANCE AND STAFFING OF COMMISSION.
(a) Chairman.--The Agreement should provide for the Chairman of the
Commission to be elected from among the members of the Commission by a
majority vote of the members.
(b) Compensation and Expenses of United States Members.--
(1) Compensation.--Each member of the Commission appointed
by the President who is not an officer or employee of the
Federal Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the
duties of the Commission. Each such member who is an officer or
employee of the United States shall serve without compensation
in addition to that received for services as an officer or
employee of the United States.
(2) Travel expenses.--The members of the Commission
appointed by the President 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 Agreement should provide for the
appointment of a staff and an executive director to be the head
of the staff.
(2) Compensation.--Funds made available for the Commission
by the United States may be used to pay the compensation of the
executive director and other personnel at rates fixed by the
Commission that are not in excess of the rate payable for level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(d) Office.--The Agreement should provide for the office of the
Commission to be located in a mutually agreed location within the
impacted areas of Alaska, the Yukon Territory, and northern British
Columbia.
(e) Meetings.--The Agreement should provide for the Commission to
meet at least biannually to review progress and to provide guidance to
staff and others, and to hold, in locations within the affected areas
of Alaska, the Yukon Territory and northern British Columbia, such
additional informational or public meetings as the Commission deems
necessary to the conduct of its business.
(f) Procurement of Services.--The Agreement should authorize and
encourage the Commission to procure by contract, to the maximum extent
practicable, the services (including any temporary and intermittent
services) that the Commission determines necessary for carrying out the
duties of the Commission. In the case of any contract for the services
of an individual, funds made available for the Commission by the United
States may not be used to pay for the services of the individual at a
rate that exceeds the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
SEC. 6. DUTIES.
(a) Study.--
(1) In general.--The Agreement should provide for the
Commission to study and assess, on the basis of all available
relevant information, the feasibility and advisability of
linking the rail system in Alaska to the North American
continental rail system through the continuation of the rail
system in Alaska from its northeastern terminus to a connection
with the continental rail system in Canada.
(2) Specific issues.--The Agreement should provide for the
study and assessment to include the consideration of the
following issues:
(A) Railroad engineering.
(B) Land ownership.
(C) Geology.
(D) Proximity to mineral, timber, tourist, and
other resources.
(E) Market outlook.
(F) Environmental considerations.
(G) Social effects, including changes in the use or
availability of natural resources.
(H) Potential financing mechanisms.
(3) Route.--The Agreement should provide for the
Commission, upon finding that it is feasible and advisable to
link the rail system in Alaska as described in paragraph (1),
to determine one or more recommended routes for the rail
segment that establishes the linkage, taking into consideration
cost, distance, access to potential freight markets,
environmental matters, and such other factors as the Commission
determines relevant.
(4) Combined corridor evaluation.--The Agreement should
also provide for the Commission to consider whether it would be
feasible and advisable to combine the power transmission
infrastructure and petroleum product pipelines of other
utilities into one corridor with a rail extension of the rail
system of Alaska.
(b) Report.--The Agreement should require the Commission to submit
to Congress and the Secretary of Transportation and to the Minister of
Transport of the Government of Canada, not later than 3 years after the
Commission commencement date, a report on the results of the study,
including the Commission's findings regarding the feasibility and
advisability of linking the rail system in Alaska as described in
subsection (a)(1) and the Commission's recommendations regarding the
preferred route and any alternative routes for the rail segment
establishing the linkage.
SEC. 7. COMMENCEMENT AND TERMINATION OF COMMISSION.
(a) Commencement.--The Agreement should provide for the Commission
to begin to function on the date on which all members are appointed to
the Commission as provided for in the Agreement.
(b) Termination.--The Commission should be terminated 90 days after
the date on which the Commission submits its report under section 6.
SEC. 8. FUNDING.
(a) Rails to Resources Fund.--The Agreement should provide for the
following:
(1) Establishment.--The establishment of an interest-
bearing account to be known as the ``Rails to Resources Fund''.
(2) Contributions.--The contribution by the United States
and the Government of Canada to the Fund of amounts that are
sufficient for the Commission to carry out its duties.
(3) Availability.--The availability of amounts in the Fund
to pay the costs of Commission activities.
(4) Dissolution.--Dissolution of the Fund upon the
termination of the Commission and distribution of the amounts
remaining in the Fund between the United States and the
Government of Canada.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to any fund established as described in subsection (a)(1)
$6,000,000, to remain available until expended.
SEC. 9. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means an agreement
described in section 2.
(2) Commission.--The term ``Commission'' means a commission
established pursuant to any Agreement.
Passed the Senate October 13 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2253
_______________________________________________________________________
AN ACT
To authorize the establishment of a joint United States-Canada
commission to study the feasibility of connecting the rail system in
Alaska to the North American continental rail system; and for other
purposes. | Provides for the establishment of the Rails to Resources Fund to pay for the costs of commission activities.
Authorizes appropriations. | Rails to Resources Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Access to Prescription
Medications Act of 2009''.
SEC. 2. MEDICARE PART D PRESCRIPTION DRUG PLANS.
(a) In General.--Section 1860D-2(b)(4) of the Social Security Act
(42 U.S.C. 1395w-102(b)(4)) is amended by adding at the end the
following new subparagraph:
``(E) Additional protections.--
``(i) In general.--Notwithstanding any
other provision of this part, effective for
plan years beginning on or after January 1,
2011, a PDP sponsor of a prescription drug plan
and an MA organization offering an MA-PD plan
shall, with respect to any co-payment or
coinsurance requirements applicable to covered
part D drugs under the plan, ensure that--
``(I) such required co-payment or
coinsurance does not exceed the base
cost of the covered part D drug (as
determined by the Secretary);
``(II) such required co-payment or
coinsurance does not exceed $200 per
month for any single covered part D
drug (30-day supply); and
``(III) such required co-payment or
coinsurance does not exceed, in the
aggregate for all covered part D drugs,
$500 per month.
``(ii) Adjustments.--The amounts described
in clauses (II) and (III) of clause (i) shall
be annually adjusted to reflect the average of
the percentage increase or decrease in the
Consumer Price Index for all urban consumers
(U.S. city average) and the percentage increase
or decrease in the medical care component of
such Consumer Price Index during the calendar
year preceding the year for which the
adjustment is being made.''.
(b) Expansion of Exceptions Process.--Effective for plan years
beginning on or after January 1, 2011, the Secretary shall expand the
formulary tier exception request process under sections 423.560 through
423.636 of title 42, Code of Federal Regulations (as in effect on the
date of enactment of this Act), to allow individuals enrolled in a
prescription drug plan under part D of title XVIII of the Social
Security Act or an MA-PD plan under part C of such title to request an
exception for a specialty prescription drug to a plan's designation of
a covered part D drug (as defined in section 1860D-2(e) of such Act (42
U.S.C. 1395w-102(e)) as a non-preferred prescription drug.
(c) MedPAC Studies and Reports.--
(1) Study and report on the medicare part d anti-
discrimination clause.--
(A) Study.--The Medicare Payment Advisory
Commission shall conduct a study on various aspects of
the prescription drug program under part D of title
XVIII of the Social Security Act and, to the greatest
extent practicable, the interaction of such program
with Medicare beneficiary access to covered drugs under
part B of such title. Such study shall include the
following:
(i) An analysis of--
(I) the use of specialty tiers for
covered part D drugs under prescription
drug plans and MA-PD plans; and
(II) the effect of such specialty
tiers on access to care for Medicare
beneficiaries.
(ii) Consideration of the mechanisms
described in subparagraph (B) in the context of
the provisions of section 1860D-11(e)(2)(D) of
the Social Security Act (42 U.S.C. 1395w-
111(e)(2)(D)) (in this paragraph referred to as
the ``Medicare part D anti-discrimination
clause'').
(B) Mechanisms described.--The following mechanisms
are described in this subparagraph:
(i) The use of specialty tiers for covered
part D drugs under prescription drug plans and
MA-PD plans.
(ii) The application of segmented
coinsurance or copayment structures to covered
part D drugs based on certain categories of
such drugs or diagnoses.
(iii) The utilization of other differential
benefit structures based on certain conditions
and Medicare beneficiaries under prescription
drug plans and MA-PD plans, including an
analysis of the interaction between such
utilization and the effects of such utilization
with the Medicare part D anti-discrimination
clause.
(C) Report.--Not later than 1 year after the date
of enactment of this Act, the Medicare Payment Advisory
Commission shall submit to Congress a report containing
the results of the study conducted under subparagraph
(A), together with recommendations for such legislation
and administrative action as the Commission determines
appropriate.
(D) Revised guidance.--Based on the results of the
study conducted under subparagraph (A), the Secretary
shall issue revised guidance regarding the use of
mechanisms described in subparagraph (B) to all PDP
sponsors offering prescription drug plans under part D
of title XVIII of the Social Security Act and Medicare
Advantage organizations offering MA-PD plans under part
C of such title.
(2) Study and report on cost-sharing for prescription drugs
under parts b and d.--
(A) Study.--The Medicare Payment Advisory
Commission shall conduct a study on cost-sharing for
prescription drugs under parts B and D of title XVIII
of the Social Security Act. Such study shall include an
analysis of the impact of eliminating cost-sharing for
covered part D drugs for Medicare beneficiaries who--
(i) incur annual out-of-pocket cost-sharing
after the initial coverage limit under section
1860D-2(b)(3) of such Act (42 U.S.C. 1395w-102)
that exceeds 5 percent of the income of the
beneficiary (as determined under section 1860D-
14(a)(3)(C) of such Act (42 U.S.C. 1395w-
114(a)(3)(C)); and
(ii) do not otherwise qualify for an
income-related subsidy under section 1860D-
14(a) of such Act (42 U.S.C. 1395w-114(a)) or
other extra help or cost-sharing relief.
(B) Report.--Not later than 6 months after the date
of enactment of this Act, the Medicare Payment Advisory
Commission shall submit to Congress a report containing
the results of the study conducted under subparagraph
(A), together with recommendations for such legislation
and administrative action as the Commission determines
appropriate.
(3) Definitions.--In this section:
(A) Covered part d drug.--The term ``covered part D
drug'' has the meaning given such term in section
1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-
102(e)).
(B) MA-PD plan.--The term ``MA-PD'' plan has the
meaning given such term in paragraph (9) of section
1860D-41(a) of such Act (42 U.S.C. 1395w-151(a)).
(C) Medicare advantage organization.--The term
``Medicare Advantage organization'' has the meaning
given such term in section 1859(a)(1) of such Act (42
U.S.C. 1395w-28(a)(1)).
(D) PDP sponsor.--The term ``PDP sponsor'' has the
meaning given such term in paragraph (13) of such
section 1860D-41(a).
(E) Prescription drug plan.--The term
``prescription drug plan'' has the meaning given such
term in paragraph (14) of such section.
SEC. 3. PRIVATE HEALTH INSURANCE.
(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) In general.--Subpart 2 of part A of title XXVII
of the Public Health Service Act is amended by adding
at the end the following new section:
``SEC. 2708. PROVISIONS RELATING TO PRESCRIPTION DRUGS.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides coverage
for prescription drugs shall, with respect to any co-payment or
coinsurance requirements applicable to such drug coverage, ensure
that--
``(1) such required co-payment or coinsurance does not
exceed the base cost of the prescription drug (as determined by
the Secretary);
``(2) such required co-payment or coinsurance does not
exceed $200 per month for any single prescription drug (30-day
supply); and
``(3) such required co-payment or coinsurance does not
exceed, in the aggregate for all prescription drugs, $500 per
month.
``(b) Adjustments.--The amounts described in paragraphs (2) and (3)
of subsection (a) shall be annually adjusted to reflect the average of
the percentage increase or decrease in the Consumer Price Index for all
urban consumers (U.S. city average) and the percentage increase or
decrease in the medical care component of such Consumer Price Index
during the calendar year preceding the year for which the adjustment is
being made.
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Conforming amendment.--Section 2723(c) of such
Act (42 U.S.C. 300gg-23(c)) is amended by striking
``section 2704'' and inserting ``sections 2704 and
2708''.
(2) ERISA amendments.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the
following new section:
``SEC. 715. PROVISIONS RELATING TO PRESCRIPTION DRUGS.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides coverage
for prescription drugs shall, with respect to any co-payment or
coinsurance requirements applicable to such drug coverage, ensure
that--
``(1) such required co-payment or coinsurance does not
exceed the base cost of the prescription drug (as determined by
the Secretary of Health and Human Services);
``(2) such required co-payment or coinsurance does not
exceed $200 per month for any single prescription drug (30-day
supply); and
``(3) such required co-payment or coinsurance does not
exceed, in the aggregate for all prescription drugs, $500 per
month.
``(b) Adjustments.--The amounts described in paragraphs (2) and (3)
of subsection (a) shall be annually adjusted to reflect the average of
the percentage increase or decrease in the Consumer Price Index for all
urban consumers (U.S. city average) and the percentage increase or
decrease in the medical care component of such Consumer Price Index
during the calendar year preceding the year for which the adjustment is
being made.
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) with respect to the
requirements of this section as if such section applied to such
plan.''.
(B) Table of contents.--The table of contents in
section 1 of such Act is amended by inserting after the
item relating to section 714 the following new item:
``Sec. 715. Provisions relating to prescription drugs.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at
the end the following new section:
``SEC. 9813. PROVISIONS RELATING TO PRESCRIPTION DRUGS.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, that provides coverage
for prescription drugs shall, with respect to any co-payment or
coinsurance requirements applicable to such drug coverage, ensure
that--
``(1) such required co-payment or coinsurance does not
exceed the base cost of the prescription drug (as determined by
the Secretary of Health and Human Services);
``(2) such required co-payment or coinsurance does not
exceed $200 per month for any single prescription drug (30-day
supply); and
``(3) such required co-payment or coinsurance does not
exceed, in the aggregate for all prescription drugs, $500 per
month.
``(b) Adjustments.--The amounts described in paragraphs (2) and (3)
of subsection (a) shall be annually adjusted to reflect the average of
the percentage increase or decrease in the Consumer Price Index for all
urban consumers (U.S. city average) and the percentage increase or
decrease in the medical care component of such Consumer Price Index
during the calendar year preceding the year for which the adjustment is
being made.
``(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Clerical amendment.--The table of sections for
such subchapter is amended by adding at the end the
following new item:
``Sec. 9813. Provisions relating to prescription drugs.''.
(b) Individual Health Insurance.--
(1) In general.--Part B of title XXVII of the Public Health
Service Act is amended by inserting after section 2752 the
following new section:
``SEC. 2754. PROVISIONS RELATING TO PRESCRIPTION DRUGS.
``The provisions of section 2708 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(2) Conforming amendment.--Section 2762(b)(2) of such Act
(42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section
2751'' and inserting ``sections 2751 and 2754''.
(c) Application to FEHBP.--The amendments made by this section
shall apply to the administration of chapter 89 of title 5, United
States Code. | Affordable Access to Prescription Medications Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act, the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code, with respect to prescription drug plans, to limit the required co-payment or coinsurance for any one prescription to $200, and for all prescriptions in any month to $500.
Requires the Secretary of Health and Human Services (HHS), for plan years beginning on or after January 1, 2011, to expand the formulary tier exception request process to allow Medicare beneficiaries enrolled in a prescription drug plan to request an exception for a specialty prescription drug as a non-preferred prescription drug.
Requires the Medicare Payment Advisory Commission to study and report to Congress on: (1) the prescription drug program under Medicare part D and the interaction of such program with Medicare beneficiary access to covered drugs under part B; and (2) cost-sharing for prescription drugs under Medicare parts B and D, including an analysis of the impact of eliminating cost-sharing for covered part D drugs for Medicare beneficiaries who incur annual out-of-pocket cost-sharing, after the initial coverage limit, that exceeds 5% of their income and who do not otherwise qualify for an income-related subsidy or other extra help or cost-sharing relief. | A bill to amend title XVIII of the Social Security Act of improve prescription drug coverage under Medicare part D and to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to improve prescription drug coverage under private health insurance, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Transaction Account
Act''.
SEC. 2. AFFORDABLE BANKING SERVICES.
(a) In General.--Except as otherwise provided in this section, each
insured depository institution shall make available to consumers a
consumer transaction account, to be known as an ``affordable
transaction account'', with the following features to be prescribed
jointly by the Federal banking agencies, by regulation:
(1) Initial deposit.--The maximum amount which an insured
depository institution may require as an initial deposit, if
any.
(2) Minimum balance.--The maximum amount an insured
depository institution may require as a minimum balance, if
any, to maintain such account.
(3) Minimum number of free withdrawals.--A minimum of 8
withdrawal transactions, including withdrawals by negotiable or
transferable instruments for the purpose of making payments to
third parties and electronic fund transfers, during any
periodic cycle at no additional charge to the account holder.
(4) Maximum monthly service charge.--The maximum amount an
insured depository institution may charge per periodic cycle
for the use of such account.
(b) Fees for Withdrawal Transactions in Excess of Minimum Number of
Free Withdrawals.--
(1) In general.--Subject to paragraph (2), in the case of
any affordable transaction account--
(A) an insured depository institution may impose a
reasonable per-transaction charge for any withdrawal
transaction described in subsection (a)(3) other than a
transaction required under such subsection to be
provided free; or
(B) the depository institution may impose the fees
and charges normally applied to other consumer
transaction accounts available at that depository
institution.
(2) Limitations.--
(A) Periodic cycle fee adjustment.--The amount of
any charge per periodic cycle imposed by an insured
depository institution on any affordable transaction
account pursuant to paragraph (1)(B) shall be reduced
by the charge imposed under subsection (a)(4).
(B) Maximum amount.--At no time shall the total
amount of fees and charges imposed by an insured
depository institution on any affordable transaction
account exceed the total amount of fees and charges
that is normally applied to other consumer transaction
accounts available at the depository institution.
(c) Conditions for Opening Any Affordable Transaction Account.--An
insured depository institution may require as a condition for opening
or maintaining any affordable transaction account that--
(1) the holder of the account be a resident of the State in
which the account is opened or maintained; and
(2) the deposits to the account of recurring payments such
as Social Security, wage, or pension payments be made by direct
deposit if that form of deposit is available to both the
consumer and the depository institution.
(d) Other Terms and Conditions.--
(1) In general.--Except as provided in this section and any
regulations prescribed under this section, any affordable
transaction account may be offered by an insured depository
institution subject to the same rules, conditions, and terms
normally applicable to other consumer transaction accounts
offered by the depository institution.
(2) Prohibition on discrimination against affordable
transaction account holders in providing other services.--The
amount of any fee or charge imposed on a holder of any
affordable transaction account by an insured depository
institution for specific services provided to such account
holder which are not directly related to the maintenance of
such account may not exceed the fee or charge imposed by the
depository institution for providing the same services in
connection with other consumer transaction accounts offered by
the depository institution.
(e) Affordable Transaction Accounts Not Required for Individuals
Who Maintain Other Transaction Accounts.--An insured depository
institution shall not be required to permit any person to open or
maintain an affordable transaction account pursuant to this section if
such person maintains another consumer transaction account either at
that depository institution or any other insured depository
institution.
(f) Alternative Arrangements.--In lieu of the affordable
transaction account required by this section, an insured depository
institution may make available an alternative form of account or other
banking services if the appropriate Federal banking agency determines
that such alternative form of account or services are at least as
advantageous to consumers as the affordable transaction account.
(g) Disclosure Requirements.--
(1) Posted notices.--If an insured depository institution
posts in the public area of any office of the institution a
notice of the availability of other consumer transaction
accounts, the depository institution shall also post equally
conspicuous notice in such public area and in the same manner
the availability of its affordable transaction accounts.
(2) Printed material.--If an insured depository institution
makes available in the public area of any office of the
institution printed material describing the terms of its other
consumer transaction accounts, the depository institution shall
also make comparable descriptive printed material concerning
the affordable transaction accounts available in the same such
area and in the same manner.
(h) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Consumer transaction account.--For purposes of this
section, the term ``consumer transaction account'' means a
demand deposit account, negotiable order of withdrawal account,
share draft account, or any similar transaction account used
primarily for personal, family or household purposes.
(2) Depository institution.--The term ``depository
institution'' has the same meaning has in section 19(b)(1)(A)
of the Federal Reserve Act.
(3) Federal banking agency.--The term ``Federal banking
agency''
(A) has the same meaning as in section 3(z) of the
Federal Deposit Insurance Act; and
(B) includes the National Credit Union
Administration Board.
(4) Insured depository institution.--The term ``insured
depository institution''--
(A) has the same meaning as in section 3(c)(2) of
the Federal Deposit Insurance Act; and
(B) includes an insured credit union (as defined in
section 101(7) of the Federal Credit Union Act.
(i) Compliance With More Stringent State Law.--If a depository
institution operates in a State the laws of which, including
regulations, require a depository institution operating in such State
to meet requirements for affordable transaction accounts which are more
advantageous to the consumer than the requirements of this section or
the regulations prescribed under this section, such depository
institution may not be treated as a qualified depository institution
for purposes of section 19(b)(12) of the Federal Reserve Act, unless
such depository institution meets the requirements of this section and
the requirements of such State law.
(j) Rule of Construction.--No provision of this section, title LXII
of the Revised Statutes of the United States, the Home Owners' Loan
Act, the Bank Enterprise Act of 1991, the Alternative Mortgage
Transaction Parity Act of 1982, or any other Federal law may be
construed as preempting, or providing any basis for the Comptroller of
the Currency or the Director of the Office of Thrift Supervision to
conclude that Federal law in any way preempts, the law of any State
which requires depository institution operating in that State to
provide affordable transaction accounts, including the Omnibus Consumer
Protection and Banking Deregulation Act of 1994 of the State of New
York and the New Jersey Consumer Checking Account Act (as in effect on
the date of the enactment of this Act). | Prohibits the imposition of fees upon such account holders which are discriminatory in nature. Authorizes alternative account arrangements.
Requires "affordable transaction accounts" to be posted upon the premises in the same manner as the depository institution posts notice of its other account products.
Mandates depository institution compliance with more stringent State law where applicable. | Affordable Transaction Account Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Horseracing Improvement
Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress enacted the Interstate Horseracing Act of 1978
(15 U.S.C. 3001 et seq.) to regulate interstate commerce with
respect to parimutuel wagering on horseracing in order to
protect and further the horseracing industry of the United
States.
(2) The horseracing industry represents approximately
$40,000,000,000 to the United States economy annually and
generates nearly 400,000 domestic jobs.
(3) The use of performance-enhancing drugs in horseracing
adversely affects interstate commerce, creates unfair
competition, deceives horse buyers and the wagering public,
weakens the breed of the American Thoroughbred, is detrimental
to international sales of the American Thoroughbred, and
threatens the safety and welfare of horses and jockeys.
(4) The use of performance-enhancing drugs in horseracing
is widespread in the United States, where no uniform
regulations exist with respect to the use of, and testing for,
performance-enhancing drugs in interstate horseracing.
(5) The use of performance-enhancing drugs in horseracing
is not permitted in most jurisdictions outside the United
States. In the internationally competitive sport of
horseracing, the United States stands alone in its permissive
use of performance-enhancing drugs.
(6) The use of performance-enhancing drugs is illegal in
the United States in every sport other than horseracing.
(7) To protect and further the horseracing industry of the
United States, it is necessary to prohibit the use of
performance-enhancing drugs in interstate horseracing.
SEC. 3. PROHIBITIONS ON USE OF PERFORMANCE-ENHANCING DRUGS.
(a) In General.--The Interstate Horseracing Act of 1978 (15 U.S.C.
3001 et seq.) is amended--
(1) by redesignating section 9 as section 11; and
(2) by inserting after section 8 the following:
``SEC. 9. PROHIBITIONS ON USE OF PERFORMANCE-ENHANCING DRUGS.
``(a) Definitions.--In this section:
``(1) Accredited third party conformity assessment body.--
The term `accredited third party conformity assessment body'
means a testing laboratory that has an accreditation--
``(A) meeting International Organization for
Standardization/International Electrotechnical
Commission standard 17025:2005 entitled `General
Requirements for the Competence of Testing and
Calibration Laboratories' (or any successor standard);
``(B) from an accreditation body that is a
signatory to the International Laboratory Accreditation
Cooperation Mutual Recognition Arrangement; and
``(C) that includes testing for performance-
enhancing drugs within the scope of the accreditation.
``(2) Performance-enhancing drug.--The term `performance-
enhancing drug'--
``(A) means any substance capable of affecting the
performance of a horse at any time by acting on the
nervous system, cardiovascular system, respiratory
system, digestive system, urinary system, reproductive
system, musculoskeletal system, blood system, immune
system (other than licensed vaccines against infectious
agents), or endocrine system of the horse; and
``(B) includes the substances listed in the
Alphabetized Listing of Drugs in the January 2010
revision of the Association of Racing Commissioners
International, Inc., publication entitled `Uniform
Classification Guidelines for Foreign Substances'.
``(b) Prohibition on Entering Horses Under the Influence of
Performance-Enhancing Drugs in Races Subject to Interstate Off-Track
Wagering.--A person may not--
``(1) enter a horse in a race that is subject to an
interstate off-track wager if the person knows the horse is
under the influence of a performance-enhancing drug; or
``(2) knowingly provide a horse with a performance-
enhancing drug if the horse, while under the influence of the
drug, will participate in a race that is subject to an
interstate off-track wager.
``(c) Regulations of the Host Racing Association Banning
Performance-Enhancing Drugs.--A host racing association may not conduct
a horserace that is the subject of an interstate off-track wager unless
the host racing association has a policy in place that--
``(1) bans any person from providing a horse with a
performance-enhancing drug if the horse will participate in
such a horserace while under the influence of the drug;
``(2) bans the racing of a horse that is under the
influence of a performance-enhancing drug;
``(3) requires, for each horserace that is the subject of
an interstate off-track wager, that an accredited third party
conformity assessment body test for any performance-enhancing
drug--
``(A) the first-place horse in the race; and
``(B) one additional horse, to be randomly selected
from the other horses participating in the race; and
``(4) requires the accredited third party conformity
assessment body performing tests described in paragraph (3) to
report any test results demonstrating that a horse may
participate, or may have participated, in a horserace that is
the subject of an interstate off-track wager while under the
influence of a performance-enhancing drug--
``(A) to the Federal Trade Commission; and
``(B) if the host racing commission has entered
into an agreement under subsection (e), to the host
racing commission.
``(d) Penalties.--
``(1) Civil penalties.--
``(A) In general.--A person that provides a horse
with a performance-enhancing drug or races a horse in
violation of subsection (b) shall be--
``(i) for the first such violation--
``(I) subject to a civil penalty of
not less than $5,000; and
``(II) suspended for a period of
not less than 180 days from all
activities relating to any horserace
that is the subject of an interstate
off-track wager;
``(ii) for the second such violation--
``(I) subject to a civil penalty of
not less than $20,000; and
``(II) suspended for a period of
not less than 1 year from all
activities relating to any horserace
that is the subject of an interstate
off-track wager; and
``(iii) for the third or subsequent such
violation--
``(I) subject to a civil penalty of
not less than $50,000; and
``(II) permanently banned from all
activities relating to any horserace
that is the subject of an interstate
off-track wager.
``(B) Horseracing activities.--For purposes of
subparagraph (A), activities relating to a horserace
that is the subject of an interstate off-track wager
include being physically present at any race track at
which any such horserace takes place, placing a wager
on any such horserace, and entering a horse in any such
horserace.
``(C) Payment of civil penalties.--A civil penalty
imposed under this paragraph shall be paid to the
United States without regard to whether the imposition
of the penalty results from the initiation of a civil
action pursuant to section 10.
``(2) Suspension of horses.--A horse that is provided with
a performance-enhancing drug or is raced in violation of
subsection (b) shall--
``(A) for the first such violation, be suspended
for a period of not less than 180 days from racing in
any horserace that is the subject of an interstate off-
track wager;
``(B) for the second such violation, be suspended
for a period of not less than 1 year from racing in any
horserace that is the subject of an interstate off-
track wager; and
``(C) for the third or subsequent such violation,
be suspended for a period of not less than 2 years from
racing in any horserace that is the subject of an
interstate off-track wager.
``(3) Violations in multiple states.--A person shall be
subject to a penalty described in clause (ii) or (iii) of
paragraph (1)(A), and a horse shall be subject to suspension
under subparagraph (B) or (C) of paragraph (2), for a second or
subsequent violation of subsection (b) without regard to
whether the prior violation and the second or subsequent
violation occurred in the same State.
``(e) Agreements for Enforcement by Host Racing Commissions.--
``(1) In general.--The Federal Trade Commission may enter
into an agreement with a host racing commission under which the
host racing commission agrees to enforce the provisions of this
section with respect to horseraces that are the subject of
interstate off-track wagers in the host State.
``(2) Conditional availability of civil penalties to host
racing commissions.--If a host racing commission agrees to
enforce the provisions of this section pursuant to an agreement
under paragraph (1), any amounts received by the United States
as a result of a civil penalty imposed under subsection (d)(1)
with respect to a horserace that occurred in the State in which
the host racing commission operates shall be available to the
host racing commission, without further appropriation and until
expended, to cover the costs incurred by the host racing
commission in enforcing the provisions of this section.
``(f) Enforcement by the Federal Trade Commission.--
``(1) In general.--The Federal Trade Commission shall
enforce the provisions of this section--
``(A) with respect to horseraces that are the
subject of interstate off-track wagers that occur--
``(i) in any State in which the host racing
commission does not enter into an agreement
under subsection (e); and
``(ii) in any State in which the host
racing commission has entered into an agreement
under subsection (e) if the Federal Trade
Commission determines the host racing
commission is not adequately enforcing the
provisions of this section; and
``(B) with respect to violations of subsection (b)
by a person, or with respect to a horse, in multiple
States.
``(2) Unfair or deceptive act or practice; actions by
federal trade commission.--In cases in which the Federal Trade
Commission enforces the provisions of this section pursuant to
paragraph (1)--
``(A) a violation of a prohibition described in
subsection (b) or (c) shall be treated as a violation
of a rule defining an unfair or deceptive act or
practice described under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B));
and
``(B) except as provided in paragraph (3), the
Federal Trade Commission shall enforce the provisions
of this section in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made part of this section.
``(3) Enforcement with respect to nonprofit
organizations.--Notwithstanding any provision of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.), the Federal Trade
Commission shall have the authority to enforce the provisions
of this section pursuant to paragraph (1) with respect to
organizations that are described in section 501(c)(3) of the
Internal Revenue Code of 1986 and that are exempt from taxation
under section 501(a) of such Code.
``(g) Rulemaking.--The Federal Trade Commission shall prescribe
such rules as may be necessary to carry out the provisions of this
section in accordance with the provisions of section 553 of title 5,
United States Code.
``(h) Effect on State Laws.--Nothing in this section preempts a
State from adopting or enforcing a law, policy, or regulation
prohibiting the use of performance-enhancing drugs in horseracing to
the extent that the law, policy, or regulation imposes additional
requirements or higher penalties than are provided for under this
section.
``SEC. 10. PRIVATE RIGHT OF ACTION FOR CERTAIN VIOLATIONS.
``Notwithstanding sections 6 and 7, in any case in which a person
has reason to believe that an interest of that person is threatened or
adversely affected by the engagement of another person in a practice
that violates a provision of section 9 or a rule prescribed under
section 9, the person may bring a civil action in an appropriate
district court of the United States or other court of competent
jurisdiction--
``(1) to enjoin the practice;
``(2) to enforce compliance with the provision or rule;
``(3) to enforce the penalties provided for under section
9(d);
``(4) to obtain damages or restitution, including court
costs and reasonable attorney and expert witness fees; and
``(5) to obtain such other relief as the court considers
appropriate.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to horseraces occurring on or after that date. | Interstate Horseracing Improvement Act of 2011 - Amends the Interstate Horseracing Act of 1978 to prohibit: (1) entering a horse in a race that is subject to an interstate off-track wager if the person knows the horse is under the influence of a performance-enhancing drug; or (2) knowingly providing a horse with such a drug if the horse, while under the influence of such drug, will participate in a race that is subject to an interstate off-track wager.
Prohibits a host racing association from conducting a race that is the subject of an interstate off-track wager unless it has in place a policy that: (1) bans providing a performance-enhancing drug to a horse that will participate in such race while under the influence of the drug, (2) bans the racing of a horse that is under the influence, and (3) requires that an accredited third party conformity assessment body test the first-place horse and one additional randomly selected horse for any such drug and report any test results demonstrating that a horse may have participated while under the influence to the Federal Trade Commission (FTC) and any host racing commission that entered into an agreement to enforce this Act's provisions.
Sets forth penalties for violations, including: (1) civil penalties and suspension of a person providing a horse with such drug, and (2) suspension of a horse that is provided with such a drug or that is raced in violation of this Act. Provides for enforcement of this Act through private civil actions and by the FTC, including through an agreement with a host state's racing commission. | To amend the Interstate Horseracing Act of 1978 to prohibit the use of performance-enhancing drugs in horseracing, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iraqi Refugee and
Internally Displaced Persons Humanitarian Assistance, Resettlement, and
Security Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Statements of policy.
Sec. 6. Humanitarian assistance for vulnerable populations in Iraq and
Iraqi refugees.
Sec. 7. Iraqi refugee admissions and processing.
Sec. 8. International cooperation.
Sec. 9. Reports to Congress.
SEC. 2. DEFINITIONS.
In this Act:
(1) IDPs.--The term ``IDPs'' means internally displaced
people in Iraq.
(2) UNHCR.--The term ``UNHCR'' means the Office of the
United Nations High Commissioner for Refugees.
(3) Vulnerable populations in iraq.--The term ``vulnerable
populations in Iraq'' includes IDPs, Iraqis from ethnically
mixed families, women at risk, unaccompanied children and
adolescents, the elderly, Iraqis with serious medical needs,
survivors of violence or torture, Iraqis who are members of
religious or other minority groups, including Chaldo Assyrian
Christians, Sabian Mandaens, Yazidis, Jews, and Baha'is, and
any other group determined to vulnerable by the Secretary of
State in consultation with the UNHCR.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Since the beginning of the war in Iraq, according to
the UNHCR, more than 2,000,000 Iraqis have fled their homes for
neighboring countries to avoid sectarian and other violence.
(2) According to the UNHCR, there are more than 2,700,000
IDPs, many lacking adequate food, shelter, and other basic
services.
(3) The security situation in several locations within Iraq
reduces access to the Iraqi population by Iraqi Government
agencies and humanitarian aid providers and greatly limits the
provision of aid.
(4) The Iraq Study group predicted that ``[a] humanitarian
catastrophe could follow as more refugees are forced to
relocate across the country and the region.''.
(5) The dispersion of Iraqi refugees in poor urban areas of
host countries makes it exceedingly difficult for humanitarian
agencies to identify and reach these populations.
(6) Many Iraqis have put their lives and those of their
families at risk by working for the United States Government,
United States corporations, the United States media, and
nongovernmental organizations.
(7) Since March 2003, the United States has resettled less
than 20,000 Iraqi refugees, while Jordan and Syria have
provided temporary asylum to 2,000,000 Iraqis, and other
countries neighboring Iraq have received tens of thousands more
Iraqis.
(8) Since March 2003, Sweden has accepted 40,000 Iraqi
refugees, and Denmark evacuated and resettled 370 Iraqi
interpreters and other Iraqis who worked for Danish troops
prior to the Danish contingent's departure from Iraq in 2007.
(9) Current United States policies governing the processing
of refugees constrain United States Government agencies from
expediting the screening processes and increasing the number of
Iraqis accepted into the United States.
(10) The massive flow of Iraqi refugees into neighboring
host countries has overwhelmed existing social, economic, and
security capacities of such countries.
(11) While Iraqi refugees and IDPs are disproportionately
made up of vulnerable populations, many other segments of the
Iraqi population at large are also vulnerable.
(12) Increasing poverty and despair among displaced
populations may provide fertile ground for extremist ideologies
to take root and possible recruitment by extremist groups.
(13) The humanitarian crisis in Iraq and neighboring
countries threatens to destabilize the entire region.
(14) United States policy is to admit at least 50 percent
of the refugees referred by the UNHCR. In 2007, the UNHCR
referred more than 10,000 cases to the United States, and the
United States resettled 1,608 Iraqi refugees. The United States
has pledged to admit 12,000 Iraqi refugees during 2008.
(15) During 2008, the Government of Iraq has dedicated
$18,000,000 to its Ministry of Displaced and Immigration and
offered $25,000,000 to neighboring countries hosting Iraqi
refugees, even as the Government of Iraq is predicting it will
likely generate more than $32,000,000,000 in oil revenues
during 2008 alone.
(16) The United States has yet to disclose a long-term
comprehensive strategy to address humanitarian and security
crisis related to Iraqi refugees.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Iraqi refugees and IDPs will have an impact on the
security of the region and the short- and long-term effects of
their displacement should be considered within overall United
States toward Iraq policy and be addressed at the highest
levels of Government;
(2) it is in the United States humanitarian and national
interests to demonstrate the United States commitment to
resettle Iraqi refugees and IDPs and the United States should
work with other governments, including the member states of the
Organization for Security and Cooperation in Europe, to
encourage such governments to do the same; and
(3) the United States should express its gratitude and
support to host countries for providing humanitarian assistance
to Iraqi refugees and to countries that have already resettled
Iraqi refugees.
SEC. 5. STATEMENTS OF POLICY.
The policy of the United States shall be the following:
(1) To lead an initiative to provide for the relief of
vulnerable populations in Iraq and Iraqi refugees in
neighboring countries and to take the lead in funding
assistance requests from the UNHCR, other humanitarian
agencies, and international organizations by funding at levels
well above the traditional United States share, and to assist
in the resettlement of Iraqi refugees.
(2) To develop immediately a long-term comprehensive
strategy for Iraq in coordination with the Government of Iraq
and host countries, the United Nations, and nongovernmental
organizations to meet the humanitarian and security needs of
Iraqi refugees and IDPs and to establish within the Executive
Office of the President a Special Coordinator for Iraqi
Refugees and Internally Displaced Persons to ensure expeditious
and effective implementation of such a strategy.
(3) To work with the Government of Iraq, the United
Nations, and nongovernmental organizations to help the
Government of Iraq improve its capacity and ability to provide
relief for vulnerable populations in Iraq in all communities
throughout Iraq and to provide assistance to Iraqi refugees in
neighboring countries.
(4) To commit to working with international partners,
including the United Nations, donor countries, international
financial institutions, international and indigenous
nongovernmental organizations, and other international
organizations to assist in providing for the emergency, medium-
, and long-term humanitarian needs of vulnerable populations in
Iraq and Iraqi refugees in neighboring countries.
SEC. 6. HUMANITARIAN ASSISTANCE FOR VULNERABLE POPULATIONS IN IRAQ AND
IRAQI REFUGEES.
(a) In General.--With respect to vulnerable populations in Iraq and
with respect to each country containing a significant population of
Iraqi refugees, including Jordan, Syria, Turkey, Lebanon, Egypt, and
Iran, the Secretary of State shall provide bilateral assistance to such
countries, as appropriate under United States law, or funding to
international organizations and nongovernmental organizations in
accordance with subsection (b) that are working to provide humanitarian
assistance, including adequate food, shelter, clean drinking water,
sanitation, health care, education, and protection to such refugees or
populations.
(b) Assistance and Funding.--Assistance and funding under
subsection (a) shall be in the form of--
(1) contributions to the UNHCR that are not less than 50
percent of the amount requested by the UNHCR and other
international organizations providing humanitarian assistance
to vulnerable populations in Iraq and to Iraqi refugees in
neighboring countries, for 2008, 2009, and 2010 for aid to such
populations and refugees;
(2) contributions to the International Federation of the
Red Cross and Red Crescent, other nongovernmental
organizations, and other international organizations working in
such countries to provide aid to vulnerable populations in Iraq
and to Iraqi refugees in neighboring countries; and
(3) technical assistance to relevant ministries of the
Government of Iraq, contingent on substantially increased
Government of Iraq funding of assistance programs for
vulnerable populations in Iraq and for Iraqi refugees in
neighboring countries, together with appropriate monitoring
mechanisms.
(c) Special Provisions Relating to Vulnerable Populations in Iraq
and Iraqi Refugees.--The Secretary of State shall make every effort to
ensure that the humanitarian needs of vulnerable populations in Iraq
and Iraqi refugees in neighboring countries are met, including
increased resources to improve the registration capabilities of
nongovernmental organizations for such vulnerable populations and such
refugees, adequate food, shelter, clean drinking water, sanitation,
health care, education, and protection.
(d) Authorizations of Appropriations.--
(1) In general.--There is authorized to be appropriated
$700,000,000 for each of fiscal years 2009, 2010, and 2011 to
carry out this section. Amounts appropriated pursuant to this
authorization shall be in addition to amounts otherwise
available for such purposes.
(2) For jordan.--
(A) In general.--In addition to amounts authorized
to be appropriated pursuant to paragraph (1), there is
authorized to be appropriated $500,000,000 for fiscal
year 2009 to Jordan to provide humanitarian assistance
to Iraqi refugees and to provide the necessary
infrastructure to support both the needs of Iraqi
refugees and the Jordanian people, such as for housing,
educational facilities, health clinics, improved access
to water resources and sanitation facilities and
related social services.
(B) Cooperation and monitoring.--In cooperation
with the Government of Jordan, the President shall
establish appropriate monitoring and transparency
mechanisms to ensure that funds appropriated pursuant
to the authorization of appropriations in subparagraph
(A) are effectively administered.
SEC. 7. IRAQI REFUGEE ADMISSIONS AND PROCESSING.
(a) Numerical Limitations.--In addition to the numerical
limitations provided for under subsections (a) and (b) of section 207
of the Immigration and Nationality Act (8 U.S.C. 1157), the number of
refugees who may be admitted during fiscal years 2009, 2010, and 2011
under subsection (c) of such section shall be increased by not fewer
than 20,000 for the purpose of admitting refugees who--
(1) are citizens or nationals of Iraq; and
(2) became refugees on or after March 19, 2003.
(b) Processing Personnel Increase.--Not later than September 30,
2009, the Secretary of State, in coordination with the Secretary of
Homeland Security, shall, subject to the availability of appropriations
for such purpose, have increased by 100 percent the number of Federal
personnel in Iraq (and in other countries in the region, where
appropriate) who are conducting security reviews of Iraqis who have
applied for admission to the United States as refugees above the number
of such personnel conducting such reviews on the date of the enactment
of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2009
through 2011 to carry out this section.
SEC. 8. INTERNATIONAL COOPERATION.
The Secretary of State, in cooperation with the Secretary of
Homeland Security, shall work with the international community,
including the United Nations, the Organization for Security and
Cooperation in Europe, the European Union, the Gulf Cooperation
Council, the Arab League, the Organization of American States, the
Association of Southeast Asian Nations, and others to establish
mechanisms to provide--
(1) financial assistance to vulnerable populations in Iraq
and to Iraqi refugees in neighboring countries through
bilateral assistance to host governments or through
international organizations that are working directly with such
populations and such refugees;
(2) technical and financial assistance to international
organizations in order to process refugees; and
(3) increased attention to and advocacy on behalf of
vulnerable populations in Iraq and Iraqi refugees in
neighboring countries by continuing to strongly support the
work of United Nations agencies and international organizations
providing protection and assistance.
SEC. 9. REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this
Act, and every 6 months thereafter, the Secretary of State and the
Secretary of Homeland Security shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report on the implementation of this Act,
including--
(1) information concerning assistance and funding to host
countries and international organizations and nongovernmental
organizations pursuant to section 6, and accountability reports
regarding the expenditure of such funds;
(2) information concerning measures taken by the United
States to increase its capabilities to process IDPs and Iraqi
refugees for resettlement and the number of such IDPs and
refugees resettled under section 7;
(3) an evaluation of the effectiveness of measures
implemented by agencies of the Government of Iraq to provide
direct assistance to vulnerable populations in Iraq and Iraqi
refugees in neighboring countries; and
(4) information concerning progress on the implementation
of the long-term comprehensive strategy described in section
5(2). | Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2008 - Expresses the sense of Congress concerning Iraqi refugees and internally displaced persons.
Directs the Secretary of State, with respect to vulnerable populations in Iraq and with respect to countries containing a significant population of Iraqi refugees (including Jordan, Syria, Turkey, Lebanon, Egypt, and Iran), to provide such countries or appropriate international organizations and nongovernmental organizations with specified humanitarian assistance.
Directs the Secretary to make every effort to ensure that the humanitarian needs of vulnerable populations in Iraq and Iraqi refugees in neighboring countries are met.
Authorizes appropriations to Jordan for humanitarian assistance to Iraqi refugees and to provide the necessary infrastructure to support both the needs of Iraqi refugees and the Jordanian people. Requires that related fund monitoring mechanisms be established.
Increases refugee admission limitations for the purpose of admitting Iraqi citizens or nationals who became refugees on or after March 19, 2003.
Directs the Secretary, by a specified date and subject to the availability of appropriations, to have increased by 100% the number of federal personnel in Iraq and in other appropriate countries who are conducting security reviews of Iraqi refugee applicants.
Directs the Secretary of State to work with the international community to provide: (1) financial assistance to vulnerable populations in Iraq and to Iraqi refugees in neighboring countries; and (2) technical and financial assistance to international organizations in order to process refugees.
Defines "vulnerable populations in Iraq" to include internally displaced persons. | A bill to address the impending humanitarian crisis and potential security breakdown as a result of the mass influx of Iraqi refugees into neighboring countries, and the growing internally displaced population in Iraq, by increasing directed accountable assistance to these populations and their host countries, facilitating the resettlement of Iraqis at risk, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tumacacori Highlands Wilderness
Act''.
SEC. 2. EXPANSION OF PAJARITA WILDERNESS, CORONADO NATIONAL FOREST,
ARIZONA.
(a) Expansion.--Section 101(a)(17) of the Arizona Wilderness Act of
1984 (Public Law 98-406; 98 Stat. 1487; 16 U.S.C. 1132 note) is amended
by inserting after ``1984,'' the following: ``and which comprise
approximately 13,300 acres, as generally depicted on a map entitled
`Proposed Tumacacori Highlands Wilderness and Pajarita Wilderness
Addition' and dated February 18, 2009,''.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
submit a copy of the map referred to in the amendment made by
subsection (a) and a legal description of the National Forest System
land included in the Pajarita Wilderness by the amendment with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives. The map
and legal description shall have the same force and effect as if
included in the Arizona Wilderness Act of 1984, except that the
Secretary may correct clerical and typographical errors in the map and
legal description. The map and legal description shall be on file and
available for public inspection in the appropriate offices of the
Forest Service.
SEC. 3. DESIGNATION OF TUMACACORI HIGHLANDS WILDERNESS, CORONADO
NATIONAL FOREST, ARIZONA.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain lands in the Coronado National
Forest, Arizona, which comprise approximately 70,000 acres, as
generally depicted on a map entitled ``Proposed Tumacacori Highlands
Wilderness and Pajarita Wilderness Addition'' and dated February 18,
2009, are hereby designated as wilderness and, therefore, as a
component of the National Wilderness Preservation System, which shall
be known as the ``Tumacacori Highlands Wilderness''.
(b) Map and Legal Description.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
submit a copy of the map referred to in subsection (a) and a legal
description of the Tumacacori Highlands Wilderness with the Committee
on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives. The map and legal
description shall have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and typographical
errors in the map and legal description. The map and legal description
shall be on file and available for public inspection in the appropriate
offices of the Forest Service.
SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.
(a) Covered Wilderness Areas.--In this section, the term ``covered
wilderness area'' means--
(1) the National Forest System land included in the
Pajarita Wilderness by the amendment made by section 2(a); and
(2) the Tumacacori Highlands Wilderness designated by
section 3(a).
(b) Administration.--The Secretary of Agriculture shall manage the
covered wilderness area in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this section, except that, with respect to a
covered wilderness area, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a reference
to the date of the enactment of this Act.
(c) Valid Existing Rights.--Nothing in this section shall affect
any valid existing right.
(d) Buffer Zones.--As provided in section 101(d) of the Arizona
Wilderness Act of 1984 (Public Law 98-406; 98 Stat. 1488), Congress
does not intend that designation of a covered wilderness area lead to
the creation of protective perimeters or buffer zones around the
covered wilderness area. The fact that nonwilderness activities or uses
can be seen or heard from areas within a covered wilderness area shall
not, of itself, preclude such activities or uses up to the boundary of
the covered wilderness area.
(e) Grazing.--Grazing of livestock and maintenance of existing
facilities related to grazing in a covered wilderness area, where
established before the date of the enactment of this Act, shall be
permitted to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in House Report 96-617 to
accompany H.R. 5487 of the 96th Congress.
(f) Hunting, Fish and Wildlife.--
(1) Hunting.--Nothing in this section or the Wilderness Act
(16 U.S.C. 1131 et seq.) shall affect hunting, under applicable
State and Federal laws and regulations, within a covered
wilderness area.
(2) Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section
or the Wilderness Act shall be construed as affecting the
jurisdiction or responsibilities of the State of Arizona with
respect to fish and wildlife in the State.
(3) Wildlife management.--Management activities to maintain
or restore fish and wildlife populations and the habitats to
support such populations may be carried out within a covered
wilderness area, where consistent with the Wilderness Act (16
U.S.C. 1131 et seq.) and other applicable laws.
(4) Cooperative agreement.--The Secretary shall enter into
a cooperative agreement with the State of Arizona for
management of fish and wildlife within a covered wilderness
area. The cooperative agreement shall specify the terms and
conditions under which the State or a designee of the State may
use wildlife management activities in a covered wilderness area
consistent with the Wilderness Act (16 U.S.C. 1131 et seq.),
and other applicable laws.
(g) Protection of Tribal Rights.--Nothing in this section shall be
construed to diminish the existing rights of any Indian tribe. Nothing
in this section shall be construed to diminish tribal rights regarding
access to Federal lands for tribal activities, including spiritual,
cultural, and traditional food gathering activities.
(h) Military Activities.--Nothing in this section shall preclude
low level overflights of military aircraft, the designation of new
units of special airspace, or the use or establishment of military
flight training routes over a covered wilderness area.
(i) Border Enforcement and Drug Interdiction.--Because of the
proximity of the covered wilderness areas to the United States-Mexico
international border, drug interdiction and border enforcement
operations are common management actions throughout the area
encompassing the covered wilderness areas. This Act recognizes the need
to continue such management actions so long as such management actions
are conducted in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and existing inter-agency agreements.
(j) Maintenance of Existing Communications Facilities.--The
provisions of the Wilderness Act shall not be construed to prevent--
(1) the maintenance of communications facilities, in
existence on the date of the enactment of this Act and located
in a covered wilderness area; or
(2) limited motorized access to such facilities when
nonmotorized access means are not reasonably available or when
time is of the essence, subject to such conditions as the
Secretary of Agriculture considers to be desirable. | Tumacacori Highlands Wilderness Act - Amends the Arizona Wilderness Act of 1984 to include certain land in Pajarita Wilderness in Coronado National Forest.
Designates certain lands, in Arizona, in the Coronado National Forest as wilderness and as a component of the National Wilderness Preservation System, to be known as the "Tumacacori Highlands Wilderness." | To expand the Pajarita Wilderness and designate the Tumacacori Highlands Wilderness in Coronado National Forest, Arizona, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arkansas Valley Conduit Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Public Law 87-590 (76 Stat. 389) authorized the
Fryingpan-Arkansas Project, including construction of the
Arkansas Valley Conduit, a pipeline extending from Pueblo
Reservoir, Pueblo, Colorado to Lamar, Colorado;
(2) the Arkansas Valley Conduit was never built, partly
because of the inability of local communities to pay 100
percent of the costs of construction of the Arkansas Valley
Conduit;
(3) in furtherance of the goals and authorization of the
Fryingpan-Arkansas Project, it is necessary to provide separate
authorization for the construction of the Arkansas Valley
Conduit;
(4) the construction of the Arkansas Valley Conduit is
necessary for the continued viability of southeast Colorado;
and
(5) the Arkansas Valley Conduit would provide the
communities of southeast Colorado with safe, clean, and
affordable water.
(b) Purposes.--The purposes of this Act are--
(1) to ensure a safe and adequate water supply for the
beneficiaries identified in Public Law 87-590 (76 Stat. 389)
and related authorizing documents and subsequent studies; and
(2) to establish a cost-sharing requirement for the
construction of the Arkansas Valley Conduit.
SEC. 3. ARKANSAS VALLEY CONDUIT, COLORADO.
(a) In General.--The Secretary of the Interior (referred to in this
Act as the ``Secretary'') shall plan, design, and construct a water
delivery pipeline, and branch lines as needed, from a location in the
vicinity (as determined by the Secretary) of Pueblo Reservoir, Pueblo,
Colorado to a location in the vicinity (as determined by the Secretary)
of Lamar, Colorado, to be known as the ``Arkansas Valley Conduit'',
without regard to the cost-ceiling for the Fryingpan-Arkansas Project
established under section 7 of Public Law 87-590 (76 Stat. 393).
(b) Lead Non-Federal Entity.--
(1) Designation.--The Southeastern Colorado Water
Conservancy District, or a designee of the Southeastern
Colorado Water Conservancy District that is recognized under
State law as an entity that has taxing authority, shall be the
lead non-Federal entity for the Arkansas Valley Conduit.
(2) Duties.--The lead non-Federal entity shall--
(A) act as the official agent of the Arkansas
Valley Conduit;
(B) pay--
(i) the non-Federal share of any increased
costs required under subsection (e)(2)(C); and
(ii) the non-Federal share of construction
costs under subsection (e)(2); and
(C) pay costs relating to, and perform, the
operations, maintenance, and replacement of the
Arkansas Valley Conduit.
(c) Cooperation.--To the maximum extent practicable during the
planning, design, and construction of the Arkansas Valley Conduit, the
Secretary shall collaborate and cooperate with the United States Army
Corps of Engineers, other Federal agencies, and non-Federal entities.
(d) Cost Estimate.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in cooperation with the
lead non-Federal entity, shall prepare an estimate of the total
costs of constructing the Arkansas Valley Conduit.
(2) Actual costs.--If the actual costs of construction
exceed the estimated costs, the difference between the actual
costs and the estimated costs shall be apportioned in
accordance with subsection (e)(2)(C).
(3) Agreement on estimate and design.--The estimate
prepared under paragraph (1), and the final design for the
Arkansas Valley Conduit, shall be--
(A) subject to the agreement of the Secretary and
the lead non-Federal entity;
(B) developed in cooperation with the lead non-
Federal entity; and
(C) consistent with commonly accepted engineering
practices.
(e) Cost-Sharing Requirement.--
(1) Federal share.--
(A) In general.--The Federal share of the total
costs of the planning, design, and construction of the
Arkansas Valley Conduit shall be 80 percent.
(B) Increased costs.--The Federal share of any
increased costs that are a result of fundamental design
changes conducted at the request of any person other
than the lead non-Federal entity shall be 100 percent.
(2) Non-federal share.--
(A) Non-federal share.--The non-Federal share of
the total costs of the planning, design, and
construction of the Arkansas Valley Conduit shall be 20
percent.
(B) Form.--Up to 100 percent of the non-Federal
share may be in the form of in-kind contributions or
tasks that are identified in the cost estimate prepared
under subsection (d)(1) as necessary for the planning,
design, and construction of the Arkansas Valley
Conduit.
(C) Increased costs.--
(i) Fundamental design changes.--The lead
non-Federal entity shall pay any increased
costs that are a result of fundamental design
changes conducted at the request of the lead
non-Federal entity.
(ii) Other causes.--For any increased costs
that are from causes (including increased
supply and labor costs and unforseen field
changes) other than fundamental design changes
referred to in clause (i) and paragraph
(1)(B)--
(I) the Federal share shall be 80
percent; and
(II) the non-Federal share shall be
20 percent.
(D) Up-front payment.--Not later than 180 days
after the date of completion of the cost-estimate under
subsection (d), the Secretary and the non-Federal
entity may enter into an agreement under which--
(i) the Secretary pays 100 percent of the
non-Federal share on behalf of the non-Federal
entity; and
(ii) the non-Federal entity reimburses the
Secretary for the funds paid by the Secretary
in accordance with the terms of the agreement.
(E) Timing.--Except as provided in subparagraph
(D), the non-Federal share shall be paid in accordance
with a schedule established by the Secretary that--
(i) takes into account the capability of
the applicable non-Federal entities to pay; and
(ii) provides for full payment of the non-
Federal share by a date that is not later than
50 years after the date on which the Arkansas
Valley Conduit is capable of delivering water.
(f) Transfer on Completion.--On completion of the Arkansas Valley
Conduit, as certified in an agreement between the Secretary and the
lead non-Federal entity, the Secretary shall transfer ownership of the
Arkansas Valley Conduit to the lead non-Federal entity.
(g) Applicable Law.--Except as provided in this Act, Public Law 87-
590 (76 Stat. 389) and related authorizing documents and subsequent
studies shall apply to the planning, design, and construction of the
Arkansas Valley Conduit.
(h) Water Rights.--Nothing in this Act affects any State water law
or interstate compact.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as are necessary to carry out this Act.
(b) Limitation.--Amounts made available under subsection (a) shall
not be used for the operation or maintenance of the Arkansas Valley
Conduit. | Arkansas Valley Conduit Act - Directs the Secretary of the Interior to plan, design, and construct a water delivery pipeline, to be known as the Arkansas Valley Conduit, from a location in the vicinity of Pueblo Reservoir, Pueblo, to Lamar, Colorado.
Designates the Southeastern Colorado Water Conservancy District, or its designee that is recognized under state law as an entity that has taxing authority, as the lead non-federal entity for the Conduit. Directs such entity to: (1) act as the official agent of the Conduit; (2) pay the non-federal share of any increased costs, including construction costs, under this Act; and (3) pay costs for and perform the operations, maintenance, and replacement of the Conduit. Sets the federal share of: (1) total planning, design, and construction costs at 80%; and (2) any increased costs that are a result of fundamental design changes conducted at the request of anyone other than such entity at 100%. Directs the Secretary, upon completion, to transfer ownership of the Conduit to such entity. | A bill to authorize the construction of the Arkansas Valley Conduit in the State of Colorado, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Flood Insurance Program
Termination Act of 2010''.
SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Termination of Authority To Provide Coverage.--Effective at the
end of December 31, 2013, the Administrator of the Federal Emergency
Management Agency (in this section referred to as the
``Administrator'') shall not provide any new flood insurance coverage,
or renew any coverage provided before such date, under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
(b) Treatment of Existing Coverage.--Subsection (a) shall not--
(1) affect any flood insurance coverage provided under such
Act under a contract or agreement entered into before the date
specified in such subsection and, notwithstanding the repeals
under section 3, such provisions as in effect immediately
before such repeal shall continue to apply with respect to
flood insurance coverage in force after such repeal; or
(2) require the termination of any contract or other
agreement for flood insurance coverage entered into before such
date.
(c) Wind-Up.--After the date specified in subsection (a), the
Administrator shall take such actions as may be necessary steps to wind
up the affairs of the National Flood Insurance Program.
(d) Treatment of Funds.--Amounts in the National Flood Insurance
Fund established under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) shall be available to the Administrator for
performing the functions of the Administrator with respect to flood
insurance coverage remaining in force after the date specified in
subsection (a). Upon the expiration of the contracts and agreements for
such coverage, any unexpended balances in such Fund shall be deposited
in the Treasury as miscellaneous receipts.
(e) Savings Provisions.--
(1) Treatment of prior determinations.--The repeals made by
section 3 of the provisions of law specified in such section
shall not affect any order, determination, regulation, or
contract that has been issued, made, or allowed to become
effective under such provisions before the effective date of
the repeal. All such orders, determinations, regulations, and
contracts shall continue in effect until modified, superseded,
terminated, set aside, or revoked in accordance with law by the
President, the Administrator, or other authorized official, a
court of competent jurisdiction, or by operation of law.
(2) Pending proceedings.--
(A) Effect on pending proceedings.--The repeals
made by section 3 shall not affect any proceedings
relating to the National Flood Insurance Program,
including notices of proposed rulemaking, pending on
the effective date of the repeals, before the Federal
Emergency Management Agency, except that no assistance
or flood insurance coverage may be provided pursuant to
any application pending on such effective date. Such
proceedings, to the extent that they relate to
functions performed by the Administrator after such
repeal, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if
this Act had not been enacted; and orders issued in any
such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by the
Administrator, by a court of competent jurisdiction, or
by operation of law.
(B) Construction.--Nothing in this subsection may
be construed to prohibit the discontinuance or
modification of any proceeding described in
subparagraph (A) under the same terms and conditions
and to the same extent that such proceeding could have
been discontinued or modified if this section had not
been enacted.
(3) Actions.--This section shall not affect suits commenced
before the effective date of the repeals made by section 3, and
in all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and effect as if this
section had not been enacted.
(4) Liabilities incurred.--No suit, action, or other
proceeding commenced by or against an individual in the
official capacity of such individual as an officer of the
Federal Emergency Management Agency having any responsibility
for the National Flood Insurance Program shall abate by reason
of the enactment of this section. No cause of action relating
to such Program, by or against the Federal Emergency Management
Agency, or by or against any officer thereof in the official
capacity of such officer having any responsibility for such
program, shall abate by reason of the enactment of this
section.
SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING RESPONSIBILITIES.
(a) National Flood Insurance Act of 1968.--The National Flood
Insurance Act of 1968 is amended--
(1) by striking section 1302 (42 U.S.C. 4001);
(2) by striking chapters I and II (42 U.S.C. 4011 et seq.);
(3) in section 1360 (42 U.S.C. 4101)--
(A) in subsection (a)(2), by striking ``until the
date specified in section 1319'';
(B) by striking subsection (d);
(C) in subsection (g)--
(i) by striking ``To promote compliance
with the requirements of this title, the'' and
inserting ``The'';
(ii) by striking ``directly responsible for
coordinating the national flood insurance
program'';
(iii) in the last sentence, by striking
``National Flood Insurance Fund, pursuant to
section 1310(b)(6)'' and inserting the
following: ``General Fund of the Treasury and
shall be used only for reducing the debt of the
Federal Government''; and
(D) in subsection (i)--
(i) by striking ``free of charge'' and
inserting ``at cost'';
(ii) by striking ``and States and
communities participating in the national flood
insurance program pursuant to section 1310 and
at cost to all other'' and inserting ``, States
and communities, and other interested''; and
(iii) in the he last sentence, by striking
``National Flood Insurance Fund, pursuant to
section 1310(b)(6)'' and inserting the
following: ``General Fund of the Treasury and
shall be used only for reducing the debt of the
Federal Government'';
(4) by striking sections 1361A (42 U.S.C. 4102a);
(5) in section 1363(e) (42 U.S.C. 4104(e)), by striking the
third and fifth sentences; and
(6) in section 1364 (42 U.S.C. 4104a)--
(A) in subsection (a)--
(i) in paragraphs (1) and (2), by striking
``or the Flood Disaster Protection Act of
1973'' each place such term appears; and
(ii) in paragraph (3)--
(I) by striking subparagraphs (B)
and (C) and inserting the following:
``(B) a statement that flood insurance coverage may
be available in the private market or through a State-
sponsored program; and''; and
(II) by redesignating subparagraph
(D) as subparagraph (C);
(B) by striking subsections (b) and (c);
(7) in section 1365 (42 U.S.C. 4104b)--
(A) in subsection (a), by striking ``and in which
flood insurance under this title is available''; and
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) in paragraph (2)--
(I) in the first sentence, by
striking ``the community identification
number and community participation
status (for purposes of the national
flood insurance program) of the
community in which the improved real
estate or such property is located,'';
and
(II) in the third sentence, by
striking ``because the building or
mobile home is not located in a
community that is participating in the
national flood insurance program or'';
(8) by striking sections 1366 and 1367 (42 U.S.C. 4104c,
4104d);
(9) in section 1370 (42 U.S.C. 4121)--
(A) by striking paragraphs (3), (4), (5), (7),
(14), and (15);
(B) in paragraph (12)(B), by striking the semicolon
at the end and inserting ``; and'';
(C) in paragraph (13), by striking the semicolon at
the end and inserting a period; and
(D) by redesignating paragraphs (6), (8), (9),
(10), (11), (12), and (13), as so amended, as
paragraphs (3), (4), (5), (6), (7), (8), and (9),
respectively;
(10) by striking sections 1371 through 1375 (42 U.S.C.
4122-26);
(11) in section 1376 (42 U.S.C. 4127)--
(A) in subsection (a), by striking ``to carry out
this title'' and all that follows through the end of
paragraph (3) and inserting ``to carry out the mapping,
studies, investigations, and other responsibilities of
the Director under this title''; and
(B) by striking subsection (c); and
(12) by striking section 1377 (42 U.S.C. 4001 note).
(b) Flood Disaster Protection Act of 1973.--The Flood Disaster
Protection Act of 1973 is amended--
(1) by striking section 2 (42 U.S.C. 4002);
(2) by striking section 102 (42 U.S.C. 4012a);
(3) in section 201 (42 U.S.C. 4105)--
(A) by striking subsection (a) and inserting the
following new subsection:
``(a) As information becomes available to the Director concerning
the existence of flood hazards, the Director shall publish information
in accordance with section 1360(a)(1) of the National Flood Insurance
Act of 1968 and shall notify the chief executive officer of each known
flood-prone community of its tentative identification as a community
containing one or more areas having special flood hazards.'';
(B) in subsection (b), by striking ``shall either
(1) promptly make proper application to participate in
the national flood insurance program or (2)'' and
inserting ``may'';
(C) by striking subsections (c) and (d);
(D) by redesignating subsection (e) as subsection
(c); and
(4) by striking section 202 (42 U.S.C. 4106).
(c) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of
2004.--Title II of the Bunning-Bereuter-Blumenauer Flood Insurance
Reform Act of 2004 (42 U.S.C. 4011 note).
(d) National Flood Insurance Reform Act of 1994.--The National
Flood Insurance Reform Act of 1994 is amended by striking sections 561
(42 U.S.C. 4011 note), 562 (42 U.S.C. 4102 note), 578 (42 U.S.C. 4014
note), 579(b), and 582 (42 U.S.C. 5154a).
(e) Federal Flood Insurance Act of 1956.--Section 15 of the Federal
Flood Insurance Act of 1956 (42 U.S.C. 2414) is amended by striking
subsection (e).
(f) Effective Date.--The amendments made by this section shall take
effect at the end of December 31, 2013.
SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE COVERAGE.
(a) Congressional Consent.--The consent of the Congress is hereby
given to any two or more States to enter into agreement or compacts,
not in conflict with any law of the United States, for making available
to interested persons insurance coverage against loss resulting from
physical damage to or loss of real property or personal property
related thereto arising from any flood occurring in the United States.
(b) Rights Reserved.--The right to alter, amend, or repeal this
section, or consent granted by this section, is expressly reserved to
the Congress. | National Flood Insurance Program Termination Act of 2010 [sic] - Prohibits the Administrator of the Federal Emergency Management Agency (FEMA) from providing any new flood insurance coverage after December 31, 2013, or renewing any coverage provided before such date, under the National Flood Insurance Act of 1968.
Terminates the National Flood Insurance Program on such date. Makes conforming repeal amendments to the National Flood Insurance Act of 1968, the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, the National Flood Insurance Reform Act of 1994, and the Federal Flood Insurance Act of 1956.
Grants the consent of Congress to any two or more states to enter into agreements or compacts for making flood insurance available to interested persons for loss and damage arising from any flood occurring in the United States. | To terminate the National Flood Insurance Program and related mandatory purchase and compliance requirements, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Petroleum Marketing Practices Act
Amendments of 1993''.
SEC. 2. CONVERSION TO COMPANY OPERATION.
Section 102(b)(3)(A)(ii) of the Petroleum Marketing Practices Act
(15 U.S.C. 2802(b)(3)(A)(ii)) is amended by inserting after ``purpose
of'' the following: ``converting the leased marketing premises to
operation by employees or agents of the franchisor for the benefit of
the franchisor or otherwise''.
SEC. 3. UNDERLYING LEASES.
Section 102(c)(4) of the Petroleum Marketing Practices Act (15
U.S.C. 2802(c)(4)) is amended--
(1) by striking ``lease, if'' and all that follows through
``(B) of'' and inserting the following: ``lease, if--
``(A) the franchisee was notified in writing, prior
to the commencement of the term of the then existing
franchise--
``(i) of the duration of the underlying
lease; and
``(ii) of''; and
(2) by adding at the end the following new subparagraphs:
``(B) during the 90-day period after notification
was given pursuant to section 104, the franchisor
offers to assign to the franchisee any option to extend
the underlying lease or option to purchase the
marketing premises that is held by the franchisor,
except that the franchisor may condition the assignment
upon receipt by the franchisor of--
``(i) an unconditional release executed by
both the landowner and the franchisee releasing
the franchisor from any and all liability
accruing after the date of the assignment for--
``(I) financial obligations under
the option (or the resulting extended
lease or purchase agreement);
``(II) environmental contamination
to (or originating from) the marketing
premises; or
``(III) the operation or condition
of the marketing premises; and
``(ii) an instrument executed by both the
landowner and the franchisee that ensures the
franchisor and the contractors of the
franchisor reasonable access to the marketing
premises for the purpose of testing for and
remediating any environmental contamination
that may be present at the premises; and
``(C) in a situation in which the franchisee
acquires possession of the leased marketing premises
effective immediately after the loss of the right of
the franchisor to grant possession (through an
assignment pursuant to subparagraph (B) or by obtaining
a new lease or purchasing the marketing premises from
the landowner), the franchisor (if requested in writing
by the franchisee not later than 30 days after
notification was given pursuant to section 104), during
the 90-day period after notification was given pursuant
to section 104--
``(i) made a bona fide offer to sell,
transfer, or assign to the franchisee the
interest of the franchisor in any improvements
or equipment located on the premises; or
``(ii) if applicable, offered the
franchisee a right of first refusal (for at
least 45 days) of an offer, made by another
person, to purchase the interest of the
franchisor in the improvements and
equipment.''.
SEC. 4. WAIVER OF RIGHTS.
Section 105 of the Petroleum Marketing Practices Act (15 U.S.C.
2805) is amended by adding at the end the following new subsection:
``(f)(1) No franchisor shall require, as a condition of entering
into or renewing the franchise relationship, a franchisee to release or
waive--
``(A) any right that the franchisee has under this title or
other Federal law; or
``(B) any right that the franchisee may have under any
valid and applicable State law.
``(2) No provision of any franchise shall be valid or enforceable
if the provision specifies that the interpretation or enforcement of
the franchise shall be governed by the law of any State other than the
State in which the franchisee has the principal place of business of
the franchisee.''.
SEC. 5. PREEMPTION.
Section 106 of the Petroleum Marketing Practices Act (15 U.S.C.
2806) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraphs:
-`-`-(-2-) -N-o-t-h-i-n-g -i-n -t-h-i-s -t-i-t-l-e -s-h-a-l-l
-l-i-m-i-t -t-h-e -a-b-i-l-i-t-y -o-f -a -S-t-a-t-e -o-r -a-n-y
-p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -o-f -a -S-t-a-t-e -t-o
-r-e-g-u-l-a-t-e -a-n-y -s-p-e-c-i-f-i-c -p-r-o-v-i-s-i-o-n -o-f -a
-f-r-a-n-c-h-i-s-e-.
``-(-3-) (2) No State or political subdivision of a State may
adopt, enforce, or continue in effect any provision of law (including a
regulation) that requires a payment for the goodwill of a franchisee on
the termination of a franchise or nonrenewal of a franchise
relationship authorized by this title.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new
paragraph:
``(2) Nothing in this title shall prohibit any State from
specifying the terms and conditions under which any franchise or
franchise relationship may be transferred to the designated successor
of a franchisee upon the death of the franchisee.''.
SEC. 6. DEFINITION OF FAILURE.
Section 101(13) of the Petroleum Marketing Practices Act (15 U.S.C.
2901(13)), is amended--
(1) by striking ``or'' at the end of (A);
(2) by deleting ``.'' and inserting ``; or'' at the end of
(B); and adding the following new subsection:
``(C) any failure based on a provision of the
franchise which is illegal or unenforceable under the
law of any State (or subdivision thereof).''. | Petroleum Marketing Practices Act Amendments of 1993 - Amends the Petroleum Marketing Practices Act to allow as grounds for nonrenewal of a franchise relationship the failure of the parties to agree to changes to the franchise provisions as long as such failure is not the result of the franchisor's insistence for the purpose of converting a franchisee operation into one operated by the franchisor's employees or agents (that is, turning the franchise into a company-owned station).
Requires a franchisor that does not wish to exercise its underlying lease options to lease or purchase the marketing premises, to offer to assign them to the franchisee as a prerequisite to termination or nonrenewal of the franchise relationship.
Bars a franchisor from requiring, as a condition of the franchise relationship, that the franchisee waive or release its rights under Federal or State law. Declares invalid and unenforceable any franchise provision which specifies that franchise interpretation or enforcement shall be governed by the law of any State other than the one in which the franchisee has its principal place of business.
Prohibits a State or any political subdivision from implementing any law or regulation which requires payment for a franchisee's goodwill upon either termination or nonrenewal of a franchise. Permits State law to specify the terms and conditions under which a franchise or franchise relationship may be transferred to a franchisee's designated successor upon the franchisee's death.
Amends the definition of "failure" to provide that it does not include any failure based on a provision of a franchise which is illegal or unenforceable under State law. | Petroleum Marketing Practices Act Amendments of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Arbitration
Enforcement Act of 1996''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Arbitration is an efficient and flexible dispute
resolution mechanism of great benefit to United States persons
doing business internationally.
(2) In some countries, particularly those with undeveloped
or inconsistent judicial systems, international arbitration may
be the only fair and reliable dispute resolution mechanism
available to United States persons.
(3) The usefulness of international arbitration depends in
large measure on the commitment of foreign states to enforce
foreign arbitral awards pursuant to their accession to, and
observance of, the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards.
(4) United States persons are often without remedies when
foreign states violate the Convention by refusing to enforce
foreign arbitral awards or by otherwise impairing the ability
to collect the awards by improperly delaying their enforcement.
(5) It is in the interest of the United States to maintain
the reliability of international arbitration, to promote the
observance of the Convention, and to protect United States
persons from economic injury resulting from violations of the
Convention by foreign states.
(6) Similarly, it would be unjust to permit a foreign state
to be shielded from liability in the United States for the
damages suffered by a United States person abroad resulting
from a violation of the Convention by the foreign state.
(7) It is therefore in the national interest to create a
judicial remedy in favor of United States persons injured as a
result of a violation of the Convention by a foreign state and
to facilitate the execution of any judgment entered in such an
action.
SEC. 3. PURPOSE.
The purpose of this Act is to create a civil remedy against foreign
states whose violation of the Convention injures United States persons
by prohibiting the enforcement of foreign arbitral awards entered in
favor of such United States persons or by impairing the ability of such
United States persons to collect such awards.
SEC. 4. DEFINITIONS.
As used in this Act--
(1) Convention.--The term ``Convention'' means the
Convention on the Recognition and Enforcement of Foreign
Arbitral Awards, done at New York on June 10, 1958.
(2) United states person.--The term ``United States
person'' means--
(A) any United States citizen or alien admitted for
permanent residence into the United States; and
(B) any corporation, trust, partnership, or other
judicial entity which is 50 percent or more
beneficially owned, directly or indirectly, by
individuals described in subparagraph (A).
(3) Foreign arbitral award.--The term ``foreign arbitral
award'' means any arbitral award to which the Convention
applies.
SEC. 5. LIABILITY FOR VIOLATION OF THE CONVENTION.
(a) Civil Remedy.--(1) Any foreign state that is certified by the
President under subsection (b) to have injured a United States person
through the state's violation of the Convention with respect to a
foreign arbitral award shall be liable to the United States person for
money damages consisting of--
(A) the amount of the foreign arbitral award, plus any
interest provided for by the award; and
(B) the attorney's fees and costs incurred by the United
States person in bringing an action under this Act with respect
to such certification.
(2) Actions may be brought under paragraph (1) with respect to
arbitral awards entered before, on, or after the date of the enactment
of this Act.
(b) Presidential Certification.--The President may certify an
injury to a United States person through a violation of the Convention
if--
(1)(A) a foreign state has failed to enforce a foreign
arbitral award entered in favor of that United States person in
violation of the state's obligations under the Convention; or
(B) a foreign state has impeded, in violation of its
obligations under the Convention, the enforcement of a foreign
arbitral award entered in favor of that United States person
such that the ability of the United States person to collect
the award may reasonably be presumed to have been impaired or
reduced; and
(2) the United States person has exhausted all judicial and
administrative remedies in the foreign state in which the
arbitral award is sought to be enforced, or the further pursuit
of such remedies would reasonably be considered to be futile.
(c) Effect of Presidential Certification.--A Presidential
certification that a United States person has been injured by a foreign
state's violation of the Convention shall, in any action brought under
this Act, establish an evidentiary presumption that--
(1) the foreign state certified to have violated the
Convention has done so; and
(2) the damages suffered by the United States person are
equivalent to the amount of the award plus interest, if any.
(d) Jurisdiction.--(1) Chapter 85 of title 28, United States Code,
is amended by inserting after section 1331 the following new section:
``Sec. 1331a. Civil actions involving violations of the Convention on
the Recognition and Enforcement of Foreign Arbitral
Awards
``The district courts shall have exclusive jurisdiction, without
regard to the amount in controversy, of any action brought under
section 5 of the International Arbitration Enforcement Act of 1996.''.
(2) The table of sections for chapter 85 of title 28, United States
Code, is amended by inserting after the item relating to section 1331
the following:
``1331a. Civil actions involving violations of the Convention on the
Recognition and Enforcement of Foreign
Arbitral Awards.''.
(e) Waiver of Sovereign Immunity.--Section 1605 of title 28, United
States Code, is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; or''; and
(3) by adding at the end the following:
``(7) in which the action is brought with respect to
violations of the Convention on the Recognition and Enforcement
of Foreign Arbitral Awards under section 5 of the International
Arbitration Enforcement Act of 1996.''.
(f) No Immunity From Attachment or Execution.--(1) Section 1610(a)
of title 28, United States Code, is amended--
(A) by striking the period at the end of paragraph (6) and
inserting ``, or''; and
(B) by adding at the end the following:
``(7) the judgment or attachment relates to a claim for
which the foreign state is not immune under section 1605(a)(7),
regardless of whether the property is or was involved in or
related to the act giving rise to or upon which the claim is
based.''.
(2) Section 1610(b) of such title is amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``, or''; and
(C) by adding at the end the following:
``(3) the judgment or attachment relates to a claim for
which the foreign state is not immune under section 1605(a)(7),
regardless of whether the property is or was involved in or
related to the act giving rise to or upon which the claim is
based.''.
(g) Limitations Period.--An action under this Act may be brought
within one year after the President makes the certification under
subsection (b) on which the action is based. | International Arbitration Enforcement Act of 1996 - Makes liable for money damages any foreign state that has injured a U.S. person through its violation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards with respect to a foreign arbitral award.
Amends Federal law to grant district courts exclusive jurisdiction over violations of the Convention. Waives a foreign state's sovereign immunity in any action brought against it for violations of the Convention, including the enforcement of such actions. | International Arbitration Enforcement Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Student Dropout Prevention
and Recovery Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Lowering the student dropout rate is one of the most
significant challenges facing educators today. Students must
stay in school in order to receive the education they need to
succeed in the new economy and contribute fully to American
society.
(2) The ability of local educational agencies to lower the
student dropout rate has been inhibited by the lack of focus at
the Federal level and the limited availability of appropriate
dropout prevention-focused curriculum, instruction,
professional development, and administrative support services.
(3) According to the National Dropout Prevention Network,
it is at the local and community level where school
improvements and change occur that will eventually have an
impact on the graduation rate of students. The focus of these
efforts should be concentrated on the most successful
strategies that research has identified as having an impact on
increasing the graduation rate. These strategies encompass--
(A) systemic renewal;
(B) community collaboration;
(C) professional development;
(D) family involvement;
(E) early childhood education;
(F) reading and writing programs;
(G) individualized instruction;
(H) instructional technologies;
(I) mentoring and tutoring;
(J) service learning;
(K) learning styles and multiple intelligences;
(L) violence prevention and conflict resolution;
(M) career education and workforce readiness;
(N) out-of-school experiences; and
(O) alternative public schooling.
(4) The National Dropout Prevention Network has found that
the strategies described in paragraph (3) have been successful
in all school levels from K-12 in rural, suburban, or urban
centers. When schools or school districts develop a program
improvement plan that encompasses most or all of these
strategies, positive outcomes will result.
(5) It is necessary to develop a number of model dropout
prevention programs to fully develop the effective strategies
listed above into comprehensive dropout prevention programs.
These model programs should be used as examples by schools
across the country that wish to implement similar programs.
Subsequently, a nationwide dropout prevention program, in order
to be effective, should be based on these model programs.
(6) Dropout prevention and recovery programs which are
proven to be successful in lowering dropout rates need to be
disseminated to school and community leaders willing to adapt
and support these innovative programs in their schools and
community.
SEC. 3. SCHOOL DROPOUT PREVENTION GRANT PROGRAMS.
Part C of title V of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7261 et seq.) is amended to read as follows:
``PART C--SCHOOL DROPOUT PREVENTION GRANT PROGRAMS
``Subpart 1--Model School Dropout Prevention Grant Program
``SEC. 5311. AUTHORIZATION.
``(a) In General.--The Director of the Office of Dropout Prevention
and Program Completion shall award grants to public elementary schools,
middle schools, and secondary schools that have established and are
carrying out school dropout prevention programs to provide those
schools with additional resources to develop such programs further,
develop methods to assist other schools to implement similar programs,
and provide for research on the effects of such programs on the student
populations of the schools involved.
``(b) Duration.--A grant under subsection (a) shall be awarded for
a period of not more than 5 years. A school that desires to continue to
receive funding for the purposes described in subsection (a) shall
apply for a grant under the national school dropout prevention grant
program under subpart 2.
``SEC. 5312. REQUIRED ACTIVITIES.
``A school that receives a grant under section 5311 shall use
amounts under the grant to establish and carry out, or further develop,
school dropout prevention programs, intervention programs, and recovery
programs, including as many of the following activities as possible:
systemic renewal, community and family participation, professional
development, early childhood education, reading and writing programs,
alternative public schooling, individualized instruction, use of
instructional technologies, mentoring and tutoring, service learning,
instruction that recognizes that students learn in different ways
(commonly referred to as `learning styles instruction'), violence
prevention and conflict resolution, career education and workforce
readiness, out-of-school experiences, and a comprehensive plan for
dropout prevention.
``SEC. 5313. APPLICATION; SELECTION OF SCHOOLS; FISCAL AGENT.
``(a) Application.--
``(1) In general.--Each school desiring a grant under
section 5311 shall submit an application, after review by the
local educational agency of the school, to the Director at such
time, in such manner, and accompanied by such information as
the Director may require.
``(2) Contents.--A school desiring a grant under section
5311 shall submit an application, through the local educational
agency of the school under paragraph (1), that contains a
description of the current dropout prevention program of the
school.
``(b) Selection of Schools.--
``(1) Limitation.--The Director may award grants to not
more than 20 schools under section 5311. Such schools shall
have demonstrated success in establishing and carrying out
activities described in section 5312.
``(2) Allocation.--Grants awarded under section 5311 shall
be allocated among schools that meet the following
requirements:
``(A) 4 elementary schools that have established
and are carrying out early childhood education
programs.
``(B) 4 secondary schools that have established and
are carrying out academic intervention programs and
mediation programs.
``(C) 4 secondary schools that have established and
are carrying out intervention programs and recovery
programs.
``(D) 4 schools (either elementary, middle, or
secondary) that are located in rural school districts
and that have demonstrated success in establishing and
carrying out 12 or more of the activities described in
section 5312.
``(E) 4 schools (either elementary, middle, or
secondary) that are located in urban school districts
and that have demonstrated success in establishing and
carrying out all of the activities described in section
5312.
``(3) Priority.--In awarding grants under section 5311, the
Director shall give priority to schools that have demonstrated
success in establishing and carrying out the highest number of
activities described in section 5312.
``(c) Fiscal Agent.--The local educational agency of the school
shall act as the fiscal agent for the school and shall accept and
administer the grant awarded to the school under section 5311, except
that all funds shall be expended at the school level.
``Subpart 2--National School Dropout Prevention Grant Program
``SEC. 5321. AUTHORIZATION.
``(a) In General.--Beginning in the third year of the Model School
Dropout Prevention Grant Program under subpart 1, the Director of the
Office of Dropout Prevention and Program Completion shall award grants
to public elementary schools, middle schools, and secondary schools to
enable the schools to implement, or further carry out, effective,
sustainable, and coordinated school dropout prevention programs.
``(b) Duration.--A grant under subsection (a) shall be awarded for
a period of not less than 2 years but not more than 5 years.
``SEC. 5322. REQUIRED ACTIVITIES.
``A school that receives a grant under section 5321 shall use
amounts under the grant to establish and carry out, or further develop,
school dropout prevention programs, intervention programs, and recovery
programs, including as many of the following activities as possible:
systemic renewal, community and family participation, professional
development, early childhood education, reading and writing programs,
alternative public schooling, individualized instruction, use of
instructional technologies, mentoring and tutoring, service learning,
instruction that recognizes that students learn in different ways
(commonly referred to as `learning styles instruction'), violence
prevention and conflict resolution, career education and workforce
readiness, out-of-school experiences, and a comprehensive plan for
dropout prevention.
``SEC. 5323. APPLICATION; SELECTION OF SCHOOLS; FISCAL AGENT.
``(a) Application.--Each school desiring a grant under section 5321
shall submit an application, after review by the local educational
agency of the school, to the Director at such time, in such manner, and
accompanied by such information as the Director may require.
``(b) Selection of Schools.--The Director shall establish clear and
specific selection criteria for awarding grants to schools under
section 5321, including the number of grants to award and the type of
schools to be awarded grants. Such criteria shall be based on school
dropout rates and other relevant factors, such as the quality of the
existing or proposed dropout prevention program, the number of students
who are dropouts, the number of students who are eligible to receive
free or reduced price lunches under the Richard B. Russell National
School Lunch Act, the number of students who are below their grade
level in basic skills, the number of students who are involved in
family court or the juvenile justice system, and the number of students
who are teen mothers.
``(c) Fiscal Agent.--The local educational agency of the school
shall act as the fiscal agent for the school and shall accept and
administer the grant awarded to the school under section 5321, except
that all funds shall be expended at the school level.
``Subpart 3--Additional Requirements for Model and National Dropout
Prevention Grant Program
``SEC. 5331. DISSEMINATION ACTIVITIES.
``Each school that receives a grant under section 5311 or 5321, or
the local educational agency of the school, shall provide information
and technical assistance, including presentations, document-sharing,
and joint staff development, to other schools within their school
district and to other schools in their State that are desiring to
receive grants under section 5311 or 5321, as the case may be.
``SEC. 5332. SCHOOL DROPOUT RATE CALCULATION.
``For purposes of calculating a school dropout rate under subparts
1 and 2, a school shall use--
``(1) the annual event school dropout rate for students
leaving a school in a single year determined in accordance with
the National Center for Education Statistics' Common Core of
Data, if available;
``(2) the standard method used by the State agency; or
``(3) in other cases, a standard method for calculating the
school dropout rate as determined by the Director.
``SEC. 5333. REPORTING AND ACCOUNTABILITY.
``(a) Reporting.--In order to receive funding under subpart 1 or 2
for a fiscal year after the first fiscal year a school receives funding
under subpart 1 or 2, as the case may be, the school shall provide, on
an annual basis, to the Director a report regarding the status of the
implementation of activities funded under subpart 1 or 2 and
certification of progress from the eligible entity whose strategies the
school is implementing.
``(b) Accountability.--On the basis of the reports submitted under
subsection (a), the Director shall evaluate the effect of the
activities assisted under subpart 1 or 2, as the case may be, on school
dropout prevention compared to a control group, to the extent
practicable.
``Subpart 4--National Clearinghouse on Effective School Dropout
Prevention
``SEC. 5341. ESTABLISHMENT OF NATIONAL CLEARINGHOUSE.
``Not later than 6 months after the date of enactment of this part,
the Director shall establish a national clearinghouse on effective
school dropout prevention, intervention programs, and reentry programs.
The clearinghouse shall be established through a competitive grant or
contract awarded to an organization with a demonstrated capacity to
provide technical assistance and disseminate information in the area of
school dropout prevention, intervention programs, and reentry programs.
The clearinghouse shall--
``(1) collect and disseminate to educators, parents, and
policymakers information on research, effective programs, best
practices, and available Federal resources with respect to
school dropout prevention, intervention programs, and reentry
programs, including dissemination by an electronically
accessible database, a worldwide Web site, and a national
journal;
``(2) provide technical assistance regarding securing
resources with respect to, and designing and implementing,
effective and comprehensive school dropout prevention,
intervention programs, and reentry programs; and
``(3) provide professional development opportunities
through workshops, seminars, and institutes for educators and
program providers responsible for planning, implementing, and
evaluating comprehensive school dropout prevention,
intervention programs, and recovery programs.
``Subpart 5--Definitions; Authorization of Appropriations
``SEC. 5351. DEFINITIONS.
``In this part:
``(1) Director.--The term `Director' means the Director of
the Office of Dropout Prevention and Program Completion
established under section 218 of the General Education
Provisions Act.
``(2) Intervention programs.--The term `intervention
programs' means programs or strategies that are designed to
improve academic or personal problems of students that
negatively affect the students' performance or ability to
remain in school and graduate from school with a diploma.
``(3) Prevention programs.--The term `prevention programs'
means programs that anticipate, forestall, or relate to
cognitive, social, or personal problems of students before such
problems impair a student's ability to perform in school.
``(4) Recovery programs.--The term `recovery programs'
means programs or strategies designed to offer another
schooling option to an individual who has dropped out of
school.
``(5) School dropout.--The term `school dropout' has the
meaning given the term in section 4(17) of the School-to-Work
Opportunities Act of 1994.
``SEC. 5352. AUTHORIZATION OF APPROPRIATIONS.
``(a) Subpart 1.--There are authorized to be appropriated to carry
out subpart 1 such sums as may be necessary for fiscal year 2002 and
for each of the 4 succeeding fiscal years.
``(b) Subpart 2.--There are authorized to be appropriated to carry
out subpart 2 such sums as may be necessary for fiscal year 2004 and
for each of the 4 succeeding fiscal years.
``(c) Subpart 4.--There are authorized to be appropriated to carry
out subpart 4 such sums as may be necessary for fiscal year 2002 and
for each of the 4 succeeding fiscal years.''.
SEC. 4. OFFICE OF DROPOUT PREVENTION AND PROGRAM COMPLETION.
(a) Establishment.--Title II of the Department of Education
Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the
end the following:
``office of dropout prevention and program completion
``Sec. 220. (a) Establishment.--There shall be in the Department of
Education an Office of Dropout Prevention and Program Completion
(hereafter in this section referred to as the `Office'), to be
administered by the Director of the Office of Dropout Prevention and
Program Completion. The Director of the Office shall report directly to
the Under Secretary of Education and shall perform such additional
functions as the Under Secretary may prescribe.
``(b) Duties.--The Director of the Office of Dropout Prevention and
Program Completion (hereafter in this section referred to as the
`Director'), through the Office, shall--
``(1) help coordinate Federal, State, and local efforts to
lower school dropout rates and increase program completion by
elementary, middle, and secondary school students;
``(2) recommend Federal policies, objectives, and
priorities to lower school dropout rates and increase program
completion;
``(3) oversee the implementation of subparts 1 and 2 of
part C of title V of the Elementary and Secondary Education Act
of 1965;
``(4) annually prepare and submit to Congress and the
Secretary a national report describing efforts and recommended
actions regarding school dropout prevention and program
completion;
``(5) recommend action to the Secretary and the President,
as appropriate, regarding school dropout prevention and program
completion; and
``(6) consult with and assist State and local governments
regarding school dropout prevention and program completion.
``(c) Scope of Duties.--The scope of the Director's duties under
subsection (b) shall include examination of all Federal and non-Federal
efforts related to--
``(1) promoting program completion for children attending
elementary, middle, or secondary school;
``(2) programs to obtain a secondary school diploma or its
recognized equivalent (including general equivalency diploma
(GED) programs); and
``(3) reentry programs for individuals aged 12 to 24 who
are out of school.
``(d) Detailing.--In carrying out the Director's duties under this
section, the Director may request the head of any Federal department or
agency to detail personnel who are engaged in school dropout prevention
activities to another Federal department or agency in order to
implement the National School Dropout Prevention Strategy.''.
(b) Conforming Amendment.--The table of contents of the Department
of Education Organization Act (20 U.S.C. 3401 note) is amended by
inserting after the item relating to section 217 the following new
item:
``Sec. 220. Office of Dropout Prevention and Program Completion.''. | National Student Dropout Prevention and Recovery Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to revise, reauthorize, and rename title V part C (Assistance to Address School Dropout Prevention Problems, also currently known as the School Dropout Assistance Act) as School Dropout Prevention Grant Programs.Requires the Director of the Office of Dropout Prevention and Program Completion (established by this Act in the Department of Education) to carry out provisions for: (1) a model school dropout prevention grant program; (2) a national school dropout prevention grant program; and (3) a national clearinghouse on effective school dropout prevention, intervention programs, and reentry programs.Amends the Department of Education Organization Act to establish an Office of Dropout Prevention and Program Completion, to be administered by the Director, who shall report directly to the Under Secretary of Education. | To amend the Elementary and Secondary Education Act of 1965 to establish the model school dropout prevention grant program and the national school dropout prevention grant program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment
Enhancement and Tax Relief Act''.
TITLE I--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM
SEC. 101. SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM.
Title III of the Small Business Investment Act of 1958 (15 U.S.C.
681 et seq.) is amended by adding at the end the following:
``PART D--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM
``SEC. 399A. ESTABLISHMENT OF PROGRAM.
``The Administrator shall establish and carry out an early-stage
investment program (hereinafter referred to in this part as the
`program') to provide equity investment financing to support early-
stage small businesses in accordance with this part.
``SEC. 399B. ADMINISTRATION OF PROGRAM.
``The program shall be administered by the Administrator acting
through the Associate Administrator described under section 201.
``SEC. 399C. APPLICATIONS.
``(a) In General.--Any existing or newly formed incorporated body,
limited liability company, or limited partnership organized and
chartered or otherwise existing under Federal or State law for the
purpose of performing the functions and conducting the activities
contemplated under the program and any manager of any small business
investment company may submit to the Administrator an application to
participate in the program.
``(b) Requirements for Application.--An application to participate
in the program shall include the following:
``(1) A business plan describing how the applicant intends
to make successful venture capital investments in early-stage
small businesses and direct capital to small business concerns
in targeted industries or other business sectors.
``(2) Information regarding the relevant venture capital
investment qualifications and backgrounds of the individuals
responsible for the management of the applicant.
``(3) A description of the extent to which the applicant
meets the selection criteria under section 399D.
``(c) Applications From Managers of Small Business Investment
Companies.--The Administrator shall establish an abbreviated
application process for applicants that are managers of small business
investment companies that are licensed under section 301 and that are
applying to participate in the program. Such abbreviated process shall
incorporate a presumption that such managers satisfactorily meet the
selection criteria under paragraphs (3) and (5) of section 399D(b).
``SEC. 399D. SELECTION OF PARTICIPATING INVESTMENT COMPANIES.
``(a) In General.--Not later than 90 days after the date on which
the Administrator receives an application from an applicant under
section 399C, the Administrator shall make a determination to
conditionally approve or disapprove such applicant to participate in
the program and shall transmit such determination to the applicant in
writing. A determination to conditionally approve an applicant shall
identify all conditions necessary for a final approval and shall
provide a period of not less than one year for satisfying such
conditions.
``(b) Selection Criteria.--In making a determination under
subsection (a), the Administrator shall consider each of the following:
``(1) The likelihood that the applicant will meet the goals
specified in the business plan of the applicant.
``(2) The likelihood that the investments of the applicant
will create or preserve jobs, both directly and indirectly.
``(3) The character and fitness of the management of the
applicant.
``(4) The experience and background of the management of
the applicant.
``(5) The extent to which the applicant will concentrate
investment activities on early-stage small businesses.
``(6) The likelihood that the applicant will achieve
profitability.
``(7) The experience of the management of the applicant
with respect to establishing a profitable investment track
record.
``(8) The extent to which the applicant will concentrate
investment activities on small business concerns in targeted
industries.
``(c) Final Approval.--For each applicant provided a conditional
approval under subsection (a), the Administrator shall provide final
approval to participate in the program not later than 90 days after the
date the applicant satisfies the conditions specified by the
Administrator under such subsection or, in the case of applicants whose
partnership or management agreements conform to models approved by the
Administrator, the Administrator shall provide final approval to
participate in the program not later than 30 days after the date the
applicant satisfies the conditions specified under such subsection. If
an applicant provided conditional approval under subsection (a) fails
to satisfy the conditions specified by the Administrator in the time
period designated under such subsection, the Administrator shall revoke
the conditional approval.
``SEC. 399E. EQUITY FINANCINGS.
``(a) In General.--The Administrator may make one or more equity
financings to a participating investment company.
``(b) Equity Financing Amounts.--
``(1) Non-federal capital.--An equity financing made to a
participating investment company under the program may not be
in an amount that exceeds the amount of the capital of such
company that is not from a Federal source and that is available
for investment on or before the date on which an equity
financing is drawn upon. Such capital may include legally
binding commitments with respect to capital for investment.
``(2) Limitation on aggregate amount.--The aggregate amount
of all equity financings made to a participating investment
company under the program may not exceed $100,000,000.
``(c) Equity Financing Process.--In making an equity financing
under the program, the Administrator shall commit an equity financing
amount to a participating investment company and the amount of each
such commitment shall remain available to be drawn upon by such
company--
``(1) for new-named investments during the 5-year period
beginning on the date on which each such commitment is first
drawn upon; and
``(2) for follow-on investments and management fees during
the 10-year period beginning on the date on which each such
commitment is first drawn upon, with not more than 2 additional
1-year periods available at the discretion of the
Administrator.
``(d) Commitment of Funds.--The Administrator shall make
commitments for equity financings not later than 2 years after the date
funds are appropriated for the program.
``SEC. 399F. INVESTMENTS IN EARLY-STAGE SMALL BUSINESSES.
``(a) In General.--As a condition of receiving an equity financing
under the program, a participating investment company shall make all of
the investments of such company in small business concerns, of which at
least 50 percent shall be early-stage small businesses.
``(b) Evaluation of Compliance.--With respect to an equity
financing amount committed to a participating investment company under
section 399E, the Administrator shall evaluate the compliance of such
company with the requirements under this section if such company has
drawn upon 50 percent of such commitment.
``SEC. 399G. PRO RATA INVESTMENT SHARES.
``Each investment made by a participating investment company under
the program shall be treated as comprised of capital from equity
financings under the program according to the ratio that capital from
equity financings under the program bears to all capital available to
such company for investment.
``SEC. 399H. EQUITY FINANCING INTEREST.
``(a) Equity Financing Interest.--
``(1) In general.--As a condition of receiving an equity
financing under the program, a participating investment company
shall convey an equity financing interest to the Administrator
in accordance with paragraph (2).
``(2) Effect of conveyance.--The equity financing interest
conveyed under paragraph (1) shall have all the rights and
attributes of other investors attributable to their interests
in the participating investment company, but shall not denote
control or voting rights to the Administrator. The equity
financing interest shall entitle the Administrator to a pro
rata portion of any distributions made by the participating
investment company equal to the percentage of capital in the
participating investment company that the equity financing
comprises. The Administrator shall receive distributions from
the participating investment company at the same times and in
the same amounts as any other investor in the company with a
similar interest. The investment company shall make allocations
of income, gain, loss, deduction, and credit to the
Administrator with respect to the equity financing interest as
if the Administrator were an investor.
``(b) Manager Profits.--As a condition of receiving an equity
financing under the program, the manager profits interest payable to
the managers of a participating investment company under the program
shall not exceed 20 percent of profits, exclusive of any profits that
may accrue as a result of the capital contributions of any such
managers with respect to such company. Any excess of this amount, less
taxes payable thereon, shall be returned by the managers and paid to
the investors and the Administrator in proportion to the capital
contributions and equity financings paid in. No manager profits
interest (other than a tax distribution) shall be paid prior to the
repayment to the investors and the Administrator of all contributed
capital and equity financings made.
``(c) Distribution Requirements.--As a condition of receiving an
equity financing under the program, a participating investment company
shall make all distributions to all investors in cash and shall make
distributions within a reasonable time after exiting investments,
including following a public offering or market sale of underlying
investments.
``SEC. 399I. FUND.
``There is hereby created within the Treasury a separate fund for
equity financings which shall be available to the Administrator subject
to annual appropriations as a revolving fund to be used for the
purposes of the program. All amounts received by the Administrator,
including any moneys, property, or assets derived by the Administrator
from operations in connection with the program, shall be deposited in
the fund. All expenses and payments, excluding administrative expenses,
pursuant to the operations of the Administrator under the program shall
be paid from the fund.
``SEC. 399J. APPLICATION OF OTHER SECTIONS.
``To the extent not inconsistent with requirements under this part,
the Administrator may apply sections 309, 311, 312, 313, and 314 to
activities under this part and an officer, director, employee, agent,
or other participant in a participating investment company shall be
subject to the requirements under such sections.
``SEC. 399K. ANNUAL REPORTING.
``The Administrator shall report on the performance of the program
in the annual performance report of the Administration.
``SEC. 399L. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Early-stage small business.--The term `early-stage
small business' means a small business concern that--
``(A) is domiciled in a State; and
``(B) has not generated gross annual sales revenues
exceeding $15,000,000 in any of the previous 3 years.
``(2) Participating investment company.--The term
`participating investment company' means an applicant approved
under section 399D to participate in the program.
``(3) Targeted industries.--The term `targeted industries'
means any of the following business sectors:
``(A) Agricultural technology.
``(B) Energy technology.
``(C) Environmental technology.
``(D) Life science.
``(E) Information technology.
``(F) Digital media.
``(G) Clean technology.
``(H) Defense technology.''.
TITLE II--SMALL BUSINESS INVESTMENT
SEC. 201. TAX CREDIT FOR SMALL BUSINESS INVESTMENT.
(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 25D the
following new section:
``SEC. 25E. SMALL BUSINESS INVESTMENT.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter an amount
equal to 20 percent of the amount paid or incurred for qualified small
business investments during the taxable year.
``(b) Limitation.--With respect to any qualified small business
investment in any corporation or partnership, the amount paid or
incurred by any taxpayer which is taken into account under subsection
(a) shall not exceed $250,000 ($500,000 in the case of a joint return),
reduced by the amount taken into account under such subsection with
respect to investments by the taxpayer in such corporation or
partnership for all prior taxable years.
``(c) Qualified Small Business Investment.--For purposes of this
section--
``(1) In general.--The term `qualified small business
investment' means any small business stock and any small
business partnership interest.
``(2) Small business stock.--The term `small business
stock' means any stock in a domestic corporation acquired by
the taxpayer at its original issue (directly or through an
underwriter) solely in exchange for cash, if--
``(A) such corporation is an eligible small
business (as defined in section 41(b)(3)(D)(ii));
``(B) such corporation is engaged primarily in the
trade or business of manufacturing, processing,
assembling, or researching and developing products or
in the trade or business of agriculture, technology, or
life science;
``(C) such corporation has been in existence for
less than 5 years as of such acquisition;
``(D) such corporation has fewer than 75 employees
as of such acquisition;
``(E) more than 50 percent of the corporation's
employees perform substantially all of their services
in the United States as of such acquisition; and
``(F) such stock is designated by the corporation
for purposes of this paragraph.
For purposes of subparagraph (E), stock shall not be treated as
designated if such designation would result in the aggregate
amount which may be taken into account under this section with
respect to stock issued by such corporation to exceed $750,000,
taking into account all taxpayers for all taxable years.
``(3) Small business partnership interest.--The term `small
business partnership interest' means any capital or profits
interest in a domestic partnership acquired by the taxpayer
from the partnership solely in exchange for cash, if--
``(A) such partnership is an eligible small
business (as defined in section 41(b)(3)(D)(ii));
``(B) such partnership is engaged primarily in the
trade or business of manufacturing, processing,
assembling, or researching and developing products or
in the trade or business of agriculture, technology, or
life science;
``(C) such partnership has been in existence for
less than 5 years as of such acquisition;
``(D) such partnership has fewer than 75 employees
as of such acquisition;
``(E) more than 50 percent of the partnership's
employees perform substantially all of their services
in the United States as of such acquisition; and
``(F) such capital or profits interest is
designated by partnership for purposes of this
paragraph.
For purposes of subparagraph (E), a capital or profits interest
shall not be treated as designated if such designation would
result in the aggregate amount which may be taken into account
under this section with respect to interests in such
partnership to exceed $750,000, taking into account all
taxpayers for all taxable years.
``(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under this
section. Such excess shall not be taken into account under this
subsection for such succeeding taxable year or any taxable year
succeeding such year.''.
(b) Clerical Amendment.--The table of sections of such subpart is
amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Small business investment.''.
(c) Report to Congress.--The Secretary of the Treasury shall
conduct a study and report to Congress on the effectiveness of the
credit allowed under section 25E of the Internal Revenue Code of 1986
(as added by this section), and similar State tax credits, in providing
incentives for investment in qualified small businesses. There are
authorized to be appropriated $500,000 to carry out the purposes of
this subsection.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Small Business Investment Enhancement and Tax Relief Act - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA) to establish and carry out an early-stage investment program (program) to provide, through participating investment companies, equity financing to support early-stage businesses (gross annual sales of $15 million or less in any of the previous three years). Outlines investment company application requirements and selection procedures. Allows the Administrator to make one or more equity financings to a participating company, with a limit of $100 million to any one company. Requires the company to make all of their investments in small businesses, of which at least 50% shall be early-stage small businesses. Establishes in the Treasury a separate fund for equity financings under the program. Amends the Internal Revenue Code to provide a small business investment tax credit of 20% of the amount paid or incurred for small business investments. Directs the Secretary of the Treasury to conduct a study of the effectiveness of the tax credit in providing incentives for investment in small businesses. | Small Business Investment Enhancement and Tax Relief Act |
on the Budget.--(1) Section 300 is amended by
striking ``concurrent resolution'' each place it appears and inserting
``joint resolution''.
(2) Section 301(a) of the Congressional Budget Act of 1974 is
amended by striking ``concurrent resolution'' each place it appears
including in the caption and inserting ``joint resolution''.
(3) Section 301(b) is amended by striking ``concurrent resolution''
each place it appears including in the caption and inserting ``joint
resolution''.
(4) Section 301(c) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(5) Section 301(e) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(6) Section 301(f) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(7) Section 301(g) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(8) Section 301(h) is amended by striking ``concurrent resolution''
and inserting ``joint resolution''.
(9) Section 301(i) is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(10) The section heading of section 301 is amended by striking
``annual adoption of concurrent'' and inserting ``annual adoption of
joint''.
(11) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
striking ``Annual adoption of the concurrent'' in the item relating to
section 301 and inserting ``Annual adoption of the joint''.
(12) Section 302 is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(13) Section 303, including the heading, is amended by striking
``concurrent resolution'' each place it appears and inserting ``joint
resolution''.
(14) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
striking ``Concurrent'' in the item relating to section 303 and
inserting ``Joint''.
(15) Section 304 is amended by striking ``concurrent resolution'',
including in the heading, each place it appears and inserting ``joint
resolution''.
(16) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
striking ``Concurrent'' in the item relating to section 304 and
inserting ``Joint''.
(17) Section 305 is amended by striking ``concurrent resolution'',
including in the heading, each place it appears and inserting ``joint
resolution''.
(18) Section 308 is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(19) Section 310 is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
(20) Section 311 is amended by striking ``concurrent resolution''
each place it appears and inserting ``joint resolution''.
TITLE II--BALANCED BUDGET AND SPENDING RESTRAINTS
SEC. 201. BALANCED BUDGET AND SPENDING RESTRAINTS.
(a) Federal Spending Limit.--Section 601(a) of the Congressional
Budget Act of 1974 is amended by adding at the end the following:
``(3) Federal spending limit.--The term `Federal spending
limit' means--
``(A) with respect to fiscal year 1996, outlays not
exceeding 21.5 per centum of the GDP;
``(B) with respect to fiscal year 1997, outlays not
exceeding 21 per centum of the GDP;
``(C) with respect to fiscal year 1998, outlays not
exceeding 20.5 per centum of the GDP;
``(D) with respect to fiscal year 1999, outlays not
exceeding 20 per centum of the GDP;
``(E) with respect to fiscal year 2000, outlays not
exceeding 19.5 per centum of the GDP;
``(F) with respect to fiscal year 2001, outlays not
exceeding 19 per centum of the GDP; and
``(G) with respect to fiscal year 2002 and each
fiscal year thereafter, outlays not exceeding 19 per
centum of the GDP or the maximum deficit amount
whichever is less.
``(4) GDP.--The term `GDP' means the gross domestic product
for the relevant fiscal year.''.
(b) Maximum Deficit Amount.--Section 601(a)(1) of the Congressional
Budget Act of 1974 is amended to read as follows:
``(1) Maximum deficit amount.--The term `maximum deficit
amount' means--
``(A) with respect to fiscal years 1996 through
2001, the excess of the Federal spending limit over
revenues; and
``(B) with respect to fiscal year 2002, and each
fiscal year thereafter, zero.''.
(c) Technical Amendments.--Part C of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in the heading for such part by inserting ``Federal
spending limit and'' after ``excess of'';
(2) in section 250(c)(1) by inserting ``, `Federal spending
limit','' after ``deficit amount''';
(3) in section 253(b)(1) by inserting ``or Federal spending
limit, as applicable,'' after ``deficit amount''; and
(4) in section 254(d)(4)(A) by inserting ``the Federal
spending limit,'' after ``deficit amount,''.
SEC. 202. MAXIMUM DEFICIT AND FEDERAL SPENDING LIMIT POINT OF ORDER.
(a) MDSA Point of Order.--Section 605(b) of the Congressional
Budget Act of 1974 is amended to read as follows:
``(b) Maximum Deficit and Federal Spending Limit Point of Order.--
``(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, or conference report that includes any
provision that would result in a deficit for a fiscal year that
exceeds the maximum deficit amount or Federal spending limit,
as applicable, for such fiscal year.
``(2) Waiver or suspension.--This subsection may be waived
or suspended in the House of Representatives or the Senate only
by the affirmative rollcall vote of three-fifths of the
Members, duly chosen and sworn.''.
(b) Limit on Public Debt.--Section 605 of the Congressional Budget
Act of 1974 is amended by adding at the end thereof the following:
``(c) Limit on Public Debt.--
``(1) In general.--
``(A) Fiscal years 1996 through 2001.--For fiscal
years 1996 through 2001, it shall not be in order in
the House of Representatives or the Senate to consider
any bill, joint resolution, amendment, or conference
report that includes any provision that increases the
national debt held by the public established in the
joint resolution on the budget for a fiscal year in
excess of the Federal spending limit.
``(B) Fiscal year 2002 and thereafter.--
Notwithstanding any other provision of law and for
fiscal year 2002 and fiscal years thereafter, there
shall be no increase in the national debt held by the
public.
``(2) Waiver or suspension.--Paragraphs (1)(A) and (1)(B)
may be waived or suspended in the House of Representatives or
the Senate only by the affirmative roll call vote of three-
fifths of the Members, duly chosen and sworn.''.
SEC. 203. SOCIAL SECURITY FIREWALL.
Section 301(i) of the Congressional Budget Act of 1974 is amended
to read as follows:
``(i) Social Security Point of Order.--
``(1) In general.--It shall not be in order in the Senate
or the House of Representatives to consider any bill, joint
resolution, amendment, or conference report that does not
allocate savings derived from changes in social security
benefits or revenues from social security tax increases to the
social security trust fund.
``(2) Waiver or suspension.--This subsection may be waived
or suspended in the House of Representatives or the Senate only
by the affirmative rollcall vote of three-fifths of the
Members, duly chosen and sworn.''.
SEC. 204. MID-YEAR SEQUESTER AND END OF THE YEAR SEQUESTER.
Section 253 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by adding at the end thereof the following new
subsections:
``(i) Mid-Year Sequester.--
``(1) In general.--On April 1 of each fiscal year, the
Director of OMB shall determine if laws effective during the
current fiscal year will cause the deficit to exceed the
maximum deficit or Federal spending limit, as applicable, for
such fiscal year. If the limit is exceeded, there shall be a
preliminary sequester on April 1 to eliminate the excess.
``(2) Permanent sequester.--Budget authority sequestered on
April 1 pursuant to paragraph (1) shall be permanently canceled
on April 15.
``(3) No margin.--The margin for determining a sequester
under this subsection shall be zero.
``(4) Sequestration procedures.--The provision of
subsections (c), (d), and (e) of this section shall apply to a
sequester under this subsection.
``(j) End of the Year Sequester.--
``(1) In general.--On September 30 of each fiscal year, the
Director of OMB shall determine if laws effective during the
current fiscal year will cause the deficit to exceed the
maximum deficit or Federal spending limit, as applicable, for
such fiscal year. If the limit is exceeded, there shall be a
preliminary sequester on October 1 applicable to the fiscal
year beginning on that date to eliminate the excess.
``(2) Permanent sequester.--Budget authority sequestered on
October 1 pursuant to paragraph (1) shall be permanently
canceled on October 15.
``(3) No margin.--The margin for determining a sequester
under this subsection shall be zero.
``(4) Sequestration procedures.--The provision of
subsections (c), (d), and (e) of this section shall apply to a
sequester under this subsection.''.
SEC. 206. PRESIDENT'S REVISED BUDGET FOR 1996.
Not later than May 6, 1995, or 90 days after the date of enactment
of this Act, whichever is later, the President shall submit a revised
budget for fiscal year 1996 that conforms to the spending limitations
established in this Act.
SEC. 207. SAVINGS PROVISION.
The amendments made by this title, the limits established by this
title, and the procedures provided in Acts amended by this title
necessary to enforce such limits shall apply with respect to fiscal
years beginning with fiscal year 1996 and shall continue
notwithstanding the termination of any Act setting forth such
procedures. | TABLE OF CONTENTS:
Title I: Joint Budget Resolution
Title II: Balanced Budget and Spending Restraints
Balanced Budget-Spending Limitation Act of 1995 -
Title I: Joint Budget Resolution
- Amends the Congressional Budget Act of 1974 to reform the budget process by requiring a joint resolution on the budget instead of the concurrent resolution on the budget.
Title II: Balanced Budget and Spending Restraints
- Establishes a Federal spending limit of 21.5 percent of the gross domestic product for FY 1996 declining to 19 percent by FY 2002.
Requires reduction of the maximum deficit amount to zero by FY 2002.
Allows a waiver or suspension on the prohibition on exceeding the maximum deficit amount or the Federal spending limit by a three-fifths vote of both Houses.
Prohibits the House or Senate from considering legislation that increases the public debt established by law for a fiscal year in excess of the Federal spending limit. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses.
Establishes a point of order against any legislation that does not allocate savings derived from changes in social security benefits or revenues from social security tax increases to the social security trust fund. Allows a waiver or suspension on such prohibition by a three-fifths vote of both Houses.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a mid-year and end of the year sequester if any laws effective during the current year will cause the deficit to exceed the maximum deficit or the Federal spending limit. Cancels budget authority sequestered at the end of the year permanently.
Requires the President to submit a revised budget for FY 1996 that conforms to the spending limitations established in this Act.
Makes the amendments and limits established by this title, and the procedures provided in Acts amended by this title, applicable to fiscal years beginning with FY 1996 and requires them to continue notwithstanding the termination of any Act setting forth such procedures. | Balanced Budget/Spending Limitation Act of 1995 |
SECTION 1. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Baseline.--The term ``baseline'' means the highest
annual rate of energy use for a building during the period
beginning on January 1, 2012, and ending on December 31 of the
calendar year preceding the calendar year during which the deep
energy retrofit of the building commenced.
(3) Deep energy retrofit.--The term ``deep energy
retrofit'' means a project carried out in a Federal building
that results in energy savings in that building of at least 35
percent, and preferably at least 50 percent, relative to the
baseline.
(4) Energy savings.--
(A) In general.--The term ``energy savings'' means
the quantity of energy calculated on an annual basis
and equal to the difference between--
(i) the quantity of energy used in a
Federal building after a deep energy retrofit;
and
(ii) the baseline for the building.
(B) Calculation.--For purposes of calculating
energy savings under subparagraph (A)--
(i) calculations shall be made for
electricity separately than other fuels;
(ii) conversions from electricity to
British thermal units may be permitted; and
(iii) the baseline and deep retrofit
building consumption data shall be adjusted for
any differences in weather, occupancy, and
other important usage indicators.
(5) Federal building.--The term ``Federal building'' means
a building owned by a Federal agency.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 2. DEEP ENERGY RETROFIT PROGRAM.
(a) Planning.--
(1) Development.--Not later than 1 year after the date of
enactment of this Act, the Administrator and the Secretary
shall develop a plan for meeting the 2020 goals described in
subsection (b).
(2) Agency plans.--
(A) In general.--Not later than July 1, 2018, the
head of each Federal agency that owns a Federal
building shall submit to the Secretary and the
Administrator a plan for deep energy retrofits of at
least 50 percent of the Federal buildings of the
agency.
(B) Technical assistance.--The Secretary, acting
through the Federal Energy Management Program and in
cooperation with the Administrator, shall provide
technical assistance to each Federal agency to carry
out subparagraph (A).
(b) 2020 Goal.--
(1) In general.--Subject to paragraphs (2) and (3), not
later than January 1, 2020, and after consideration of the
plans submitted under subsection (a)(1)--
(A) the Administrator shall carry out not fewer
than 100 deep energy retrofits; and
(B) the Secretary, acting through the Federal
Energy Management Program, shall work with Federal
agencies (other than the General Services
Administration) to carry out not fewer than 50 deep
energy retrofits.
(2) Minimum energy savings.--In carrying out paragraph (1),
the Administrator and the Secretary shall ensure that at least
\1/3\ of the total number of energy retrofits achieve energy
savings of at least 50 percent.
(3) Cost control.--The Secretary and the Administrator may
select for deep energy retrofit Federal buildings that--
(A) are scheduled for renovation; or
(B) require replacement of major systems.
(c) 2030 Goal.--
(1) In general.--Subject to paragraphs (2) and (3), during
the 10-year period beginning on January 1, 2020, the
Administrator and the Secretary shall carry out deep energy
retrofits in not less than 50 percent of the total square
footage of Federal buildings remaining for deep energy
retrofits after the retrofits carried out under subsection (b)
are completed.
(2) Minimum energy savings.--In carrying out paragraph (1),
the Administrator and the Secretary shall ensure that at least
\1/3\ of the total number of energy retrofits achieve energy
savings of at least 50 percent.
(3) Timing.--Of the 50 percent of the total square footage
required for deep energy retrofits under paragraph (1),
approximately 5 percent shall be completed during each year of
the 10-year period described in that paragraph.
(d) 2040 Goal.--
(1) In general.--The Secretary shall set goals for deep
energy retrofits during the 10-year period beginning on January
1, 2030, after considering the results of the deep energy
retrofits carried out under subsections (b) and (c).
(2) Waivers and exceptions.--In setting goals under
paragraph (1), the Secretary shall allow waivers and exceptions
for--
(A) historic structures;
(B) buildings with high energy use for security
purposes; and
(C) such other special circumstances as the
Secretary may determine.
(e) Adjustment.--The Secretary may adjust the number of deep energy
retrofits required under this section based on the most recent data
relating to technical feasibility and economic justification, as
determined by the Secretary taking into account the need to achieve
positive cashflow over the full life of measures using discount rates
designated by the Office of Management and Budget. | This bill directs the General Services Administration and the Department of Energy to develop plans for meeting goals for deep energy retrofits in federal buildings by 2020, 2030, and 2040. A deep energy retrofit is a project carried out in a federal building that results in energy savings in that building of at least 35%, and preferably at least 50%, relative to a baseline rate of energy use. | A bill to require the Administrator of General Services and the Secretary of Energy to set goals for deep energy retrofits in Federal buildings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Driver Safety Act of
2015''.
SEC. 2. DISTRACTED DRIVING INCENTIVE GRANTS.
Section 405(e) of title 23, United States Code, is amended--
(1) in paragraph (1), by inserting ``includes distracted
driving issues as part of the State's driver's license
examination and'' after ``any State that'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C)(ii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) does not provide for an exception that
specifically allows a driver to text through a personal
wireless communication device while stopped in
traffic.'';
(3) in paragraph (3)--
(A) by striking subparagraph (C);
(B) by redesignating subparagraph (D) as
subparagraph (C);
(C) in subparagraph (C)(ii), as redesignated, by
striking the period at the end and inserting ``; and'';
and
(D) by adding at the end the following:
``(D) does not provide for an exception that
specifically allows a driver younger than 18 years of
age to use a personal wireless communication device
while stopped in traffic.'';
(4) in paragraph (4)(C), by striking ``section 31152'' and
inserting ``section 31136'';
(5) by amending paragraph (6) to read as follows:
``(6) Distracted driving enforcement grants.--
``(A) In general.--The Secretary may use up to 50
percent of the amounts available for grants under this
subsection to award grants to any State that--
``(i) in fiscal year 2016--
``(I) has a basic text messaging
statute, as determined by the
Secretary, that--
``(aa) is applicable to
drivers of all ages; and
``(bb) makes violation of
the basic text messaging
statute a primary offense;
``(II) participates in the annual
distracted driving law enforcement
mobilization coordinated by the
Secretary; and
``(III) is otherwise ineligible for
a grant under this subsection;
``(ii) in fiscal year 2017--
``(I) meets the requirements under
clause (i);
``(II) imposes increased fines for
repeat violations; and
``(III) has a statute that
prohibits drivers who are younger than
18 years of age from using a personal
wireless communications device while
driving.
``(B) Use of grant funds.--
``(i) In general.--Subject to clauses (ii)
and (iii), amounts received by a State under
subparagraph (A) may be used for activities
related to the enforcement of distracted
driving laws.
``(ii) Fiscal year 2016.--In fiscal year
2016, up to 15 percent of the amounts received
by a State under subparagraph (A) may be used
for any eligible project or activity under
section 402.
``(iii) Fiscal year 2017.--In fiscal year
2017, up to 25 percent of the amounts received
by a State under subparagraph (A) may be used
for any eligible project or activity under
section 402.''; and
(6) in paragraph (9)(A)(i), by striking ``, including
operation while temporarily stationary because of traffic, a
traffic light or stop sign, or otherwise''.
SEC. 3. BARRIERS TO DATA COLLECTION REPORT.
Not later than 180 days after the date of the enactment of this
Act, the National Highway Traffic Safety Administration shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Transportation and Infrastructure
of the House of Representatives that--
(1) identifies any legal and technical barriers to
capturing adequate data on the prevalence of wireless
communications devices while driving; and
(2) provides recommendations on how to address such
barriers. | Improving Driver Safety Act of 2015 This bill adds a new requirement for distracted driving grants to states under national priority highway safety programs. To receive a grant a state's prohibition on texting while driving must: include distracted driving issues as part of their driver's license examination, and not make an exception that specifically allows a driver, especially one under age 18, to text through a personal wireless communication device while stopped in traffic. DOT may use up to 50% of amounts available for grants to states that: in FY2016 certify that they have enacted a basic text messaging statute for drivers of all ages, make violation of the statute a primary offense, participate in the annual distracted driving law enforcement mobilization, and are otherwise ineligible for a grant; and in FY2017 meet the aforementioned requirements, impose increased fines for repeat violations, and have a statute that prohibits a driver younger than 18 from using a personal wireless communications device while driving. States may use grant funds for: enforcement of distracted driving laws, and highway safety program projects. The National Highway Traffic Safety Administration shall report to Congress on any legal and technical barriers to capturing data on the prevalence of the use of wireless communications devices while driving, including recommendations on how to address those barriers. | Improving Driver Safety Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Systemic Risk Designation
Improvement Act of 2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking
the item relating to section 113 and inserting the following:
``Sec. 113. Authority to require enhanced supervision and regulation of
certain nonbank financial companies and
certain bank holding companies.''.
SEC. 3. REVISIONS TO COUNCIL AUTHORITY.
(a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in
subsection (a)(2)(I) by inserting before the semicolon ``, which have
been the subject of a final determination under section 113''.
(b) Bank Holding Company Designation.--Section 113 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323)
is amended--
(1) by amending the heading for such section to read as
follows: ``authority to require enhanced supervision and
regulation of certain nonbank financial companies and certain
bank holding companies'';
(2) by redesignating subsections (c), (d), (e), (f), (g),
(h), and (i) as subsections (d), (e), (f), (g), (h), (i), and
(j), respectively;
(3) by inserting after subsection (b) the following:
``(c) Bank Holding Companies Subject to Enhanced Supervision and
Prudential Standards Under Section 165.--
``(1) Determination.--The Council, on a nondelegable basis
and by a vote of not fewer than \2/3\ of the voting members
then serving, including an affirmative vote by the Chairperson,
may determine that a bank holding company shall be subject to
enhanced supervision and prudential standards by the Board of
Governors, in accordance with section 165, if the Council
determines that material financial distress at the bank holding
company, or the nature, scope, size, scale, concentration,
interconnectedness, or mix of the activities of the bank
holding company, could pose a threat to the financial stability
of the United States.
``(2) Considerations.--In making a determination under
paragraph (1), the Council shall use an indicator-based
measurement approach, and consider--
``(A) the size of the bank holding company;
``(B) the interconnectedness of the bank holding
company;
``(C) the extent of readily available substitutes
or financial institution infrastructure for the
services of the bank holding company;
``(D) the global cross-jurisdictional activity of
the bank holding company; and
``(E) the complexity of the bank holding
company.'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (1)(A), by striking ``subsection
(a)(2) or (b)(2)'' and inserting ``subsection (a)(2),
(b)(2), or (c)(2)''; and
(B) in paragraph (4), by striking ``Subsections (d)
through (h)'' and inserting ``Subsections (e) through
(i)'';
(5) in subsections (e), (f), (g), (h), (i), and (j)--
(A) by striking ``subsections (a) and (b)'' each
place such term appears and inserting ``subsections
(a), (b), and (c)''; and
(B) by striking ``nonbank financial company'' each
place such term appears and inserting ``bank holding
company for which there has been a determination under
subsection (c) or nonbank financial company'';
(6) in subsection (g), as so redesignated, by striking
``subsection (e)'' and inserting ``subsection (f)'';
(7) in subsection (h), as so redesignated, by striking
``subsection (a), (b), or (c)'' and inserting ``subsection (a),
(b), (c), or (d)''; and
(8) in subsection (i), as so redesignated, by striking
``subsection (d)(2), (e)(3), or (f)(5)'' and inserting
``subsection (e)(2), (f)(3), or (g)(5)''.
(c) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended--
(1) in subsection (a)(1), by striking ``large,
interconnected bank holding companies'' and inserting ``bank
holding companies which have been the subject of a final
determination under section 113'';
(2) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) by striking ``the Council may'' and all that
follows through ``differentiate'' and inserting ``the
Council may differentiate''; and
(C) by striking subparagraph (B); and
(3) in subsection (b)(3), by striking ``subsections (a) and
(b) of section 113'' each place such term appears and inserting
``subsections (a), (b), and (c) of section 113''.
(d) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking
``with total consolidated assets of $50,000,000,000 or greater'' and
inserting ``which has been the subject of a final determination under
section 113''.
(e) Mitigation.--Section 121 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5331) is amended--
(1) in subsection (a), by striking ``with total
consolidated assets of $50,000,000,000 or more'' and inserting
``which has been the subject of a final determination under
section 113''; and
(2) in subsection (c), by striking ``subsection (a) or (b)
of section 113'' and inserting ``subsection (a), (b), or (c) of
section 113''.
(f) Office of Financial Research.--Section 155 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is
amended in subsection (d) by striking ``with total consolidated assets
of 50,000,000,000 or greater'' and inserting ``which have been the
subject of a final determination under section 113''.
SEC. 4. REVISIONS TO BOARD AUTHORITY.
(a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5363) is amended by striking
``with total consolidated assets equal to or greater than
$50,000,000,000'' each place such term appears and inserting ``which
has been the subject of a final determination under section 113''.
(b) Management Interlocks.--Section 164 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended
by striking ``with total consolidated assets equal to or greater than
$50,000,000,000'' and inserting ``which has been the subject of a final
determination under section 113''.
(c) Enhanced Supervision and Prudential Standards.--Section 165 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act (12
U.S.C. 5365) is amended--
(1) in subsection (a), by striking ``with total
consolidated assets equal to or greater than $50,000,000,000''
and inserting ``which have been the subject of a final
determination under section 113'';
(2) in subsection (a)(2)--
(A) by striking ``(A) in general.--''; and
(B) by striking subparagraph (B);
(3) by striking ``subsections (a) and (b) of section 113''
each place such term appears and inserting ``subsections (a),
(b), and (c) of section 113''; and
(4) in subsection (j), by striking ``with total
consolidated assets equal to or greater than $50,000,000,000''
and inserting ``which has been the subject of a final
determination under section 113''. | Systemic Risk Designation Improvement Act of 2013 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to authorize the Financial Stability Oversight Council to determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors of the Federal Reserve System, if the Council makes a final determination that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities, could threaten the financial stability of the United States. Prescribes an indicator-based measurement approach to be considered by the Council. | Systemic Risk Designation Improvement Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran's I.D. Card Act''.
SEC. 2. VETERANS IDENTIFICATION CARD.
(a) Findings.--Congress finds the following:
(1) Currently, veteran identification cards are issued to
veterans who have either completed the statutory time-in-
service requirement for retirement from the Armed Forces or who
have received a medical-related discharge from the Armed
Forces.
(2) A veteran who has served a minimum obligated time in
service, but who does not meet the criteria described in
paragraph (1), does not receive a means of identifying the
veteran's status as a veteran other than using the official DD-
214 discharge papers of the veteran.
(3) Goods, services, and promotional activities are often
offered by public and private institutions to veterans who
demonstrate proof of service in the military but it is
impractical for a veteran to always carry official DD-214
discharge papers to demonstrate such proof.
(4) A general purpose veteran identification card made
available to a veteran who does not meet the criteria described
in paragraph (1) would be useful to such veteran in order to
demonstrate the status of the veteran without having to carry
and use official DD-214 discharge papers.
(5) The Department of Veterans Affairs has the
infrastructure in place across the United States to produce
photographic identification cards and accept a small payment to
cover the cost of these cards.
(b) Provision of Veteran Identification Cards.--Chapter 57 of title
38, United States Code, is amended by adding after section 5705 the
following new section:
``Sec. 5706. Veterans identification card
``(a) In General.--The Secretary of Veterans Affairs shall issue an
identification card described in subsection (b) to any covered veteran
who--
``(1) requests such card;
``(2) was discharged from the Armed Forces under honorable
conditions;
``(3) presents a copy of the DD-214 form or other official
document from the official military personnel file of the
veteran that describes the service of the veteran; and
``(4) pays the fee under subsection (c)(1).
``(b) Identification Card.--An identification card described in
this subsection is a card that--
``(1) displays a photograph of the covered veteran;
``(2) displays the name of the covered veteran;
``(3) explains that such card is not proof of any benefits
to which the veteran is entitled to;
``(4) contains an identification number that is not a
social security number; and
``(5) serves as proof that such veteran--
``(A) honorably served in the Armed Forces; and
``(B) has a DD-214 form or other official document
in the official military personnel file of the veteran
that describes the service of the veteran.
``(c) Costs of Card.--(1) The Secretary shall charge a fee to each
veteran who receives an identification card issued under this section,
including a replacement identification card.
``(2)(A) The fee charged under paragraph (1) shall equal an amount
that the Secretary determines is necessary to issue an identification
card under this section.
``(B) In determining the amount of the fee under subparagraph (A),
the Secretary shall ensure that the total amount of fees collected
under paragraph (1) equals an amount necessary to carry out this
section, including costs related to any additional equipment or
personnel required to carry out this section.
``(C) The Secretary shall review and reassess the determination
under subparagraph (A) during each five-year period in which the
Secretary issues an identification card under this section.
``(3) Amounts collected under this subsection shall be deposited in
an account of the Department available to carry out this section.
Amounts so deposited shall be merged with amounts in such account and
shall be subject to the same conditions and limitations as amounts
otherwise in such account.
``(d) Effect of Card on Benefits.--(1) An identification card
issued under this section shall not serve as proof of any benefits that
the veteran may be entitled to under this title.
``(2) A covered veteran who is issued an identification card under
this section shall not be entitled to any benefits under this title by
reason of possessing such card.
``(e) Administrative Measures.--(1) The Secretary shall ensure that
any information collected or used with respect to an identification
card issued under this section is appropriately secured.
``(2) The Secretary may determine any appropriate procedures with
respect to issuing a replacement identification card.
``(3) In carrying out this section, the Secretary shall coordinate
with the National Personnel Records Center.
``(4) The Secretary may conduct such outreach to advertise the
identification card under this section as the Secretary considers
appropriate.
``(f) Construction.--This section shall not be construed to affect
identification cards otherwise provided by the Secretary to veterans
enrolled in the health care system established under section 1705(a) of
this title.
``(g) Covered Veteran Defined.--In this section, the term `covered
veteran' means a veteran who--
``(1) is not entitled to retired pay under chapter 1223 of
title 10; and
``(2) is not enrolled in the system of patient enrollment
under section 1705 of this title.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5705 the following new item:
``5706. Veterans identification card.''.
(d) Effective Date.--The amendments made by this Act shall take
effect on the date that is 60 days after the date of the enactment of
this Act. | Veteran's I.D. Card Act - Directs the Secretary of Veterans Affairs (VA) to issue a veteran's identification card to any veteran who requests such card and is neither entitled to military retired pay nor enrolled in the VA system of patient enrollment. Requires such card, among other things, to: (1) display their name and photograph, and (2) serve as proof that the veteran honorably served in the Armed Forces and has a DD-214 form or other official document in their personnel file that describes their military service. Directs the Secretary to charge a card fee. States that such card shall not serve as proof of entitlement to any benefits. | Veteran's I.D. Card Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrating Behavioral Health
Through Technology Act of 2016''.
SEC. 2. PILOT PROGRAM FOR THE ADOPTION AND USE OF CERTIFIED EHR
TECHNOLOGY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Substance Abuse and Mental Health Services
Administration.
(2) Certified ehr technology.--The term ``certified EHR
technology'' has the meaning given such term in section
1848(o)(4) of the Social Security Act (42 U.S.C. 1395w-
4(o)(4)).
(3) Eligible behavioral health facility.--The term
``eligible behavioral health facility'' means--
(A) a public or private hospital that is
principally a psychiatric hospital (as defined in
section 1861(f) of the Social Security Act (42 U.S.C.
1395x(f));
(B) a community mental health center (as described
in section 1913(b)(2) of the Public Health Service Act
(42 U.S.C. 300x-2(b)(2)));
(C) a residential or outpatient mental health
treatment facility that is accredited by the Joint
Commission on Accreditation of Healthcare
Organizations, the Commission on Accreditation of
Rehabilitation Facilities, the Council on
Accreditation, or any other national accrediting agency
recognized by the Secretary of Health and Human
Services; and
(D) a substance abuse treatment facility that is
accredited by the Joint Commission on Accreditation of
Healthcare Organizations, the Commission on
Accreditation of Rehabilitation Facilities, the Council
on Accreditation, or any other national accrediting
agency recognized by the Secretary of Health and Human
Services.
(4) Eligible professional.--The term ``eligible
professional'' means--
(A) a clinical psychologist providing qualified
psychologist services (as defined in section 1861(ii)
of the Social Security Act (42 U.S.C. 1395x(ii)); or
(B) a clinical social worker (as defined in section
1861(hh)(1) of the Social Security Act).
(b) Establishment.--The Administrator, in consultation with the
Director of the Office of the National Coordinator for Health
Information Technology, shall establish a pilot program in up to 5
States under which incentive payments may be made to eligible
professionals and eligible behavioral health facilities for the
adoption and use of certified EHR technology.
(c) Program Requirements.--
(1) Selection.--When selecting States for the pilot program
established under this section, the Administrator shall give
preference to States that have a Statewide health information
exchange that includes behavioral health data.
(2) Adoption and use of certified ehr technology.--To
qualify to receive incentive payments under the pilot program
established under this section, an eligible professional or
eligible behavioral health facility shall demonstrate, through
an attestation or other means specified by the Administrator,
that the professional or behavioral health facility--
(A) has adopted certified EHR technology; and
(B) in the case that such professional or facility
operates in a State or region with a State or regional
health information exchange, participates in such
health information exchange.
(3) Payments.--The Administrator shall make incentive
payments to at least one type of eligible professional listed
in subparagraphs (A) and (B) of subsection (a)(4) and at least
one type of eligible behavioral health facility listed in
subparagraphs (A) through (D) of subsection (a)(3) in each
State selected for the pilot program established under this
section. The amount of incentive payments to eligible
professionals and eligible behavioral health facilities under
the pilot program may be comparable to the payment amounts
under section 1848(o) of the Social Security Act (42 U.S.C.
1395w-4(o)) and section 1886 of such Act (42 U.S.C. 1395ww).
(d) Duration.--The pilot program established under this section
shall be conducted for a period not to exceed 5 years.
(e) Report.--Not later than 18 months after the conclusion of the
pilot program established under this section, the Administrator shall
submit a report to relevant committees of Congress that includes--
(1) an evaluation of the effectiveness of the pilot program
in encouraging adoption of certified EHR technology by eligible
professionals and eligible behavioral health facilities and in
the exchange of behavioral health information;
(2) a description of best practices for the adoption and
use of certified EHR technology by eligible professionals and
eligible behavioral health facilities; and
(3) recommendations for increasing the percentage of
eligible professionals and eligible behavioral health
facilities nationally that adopt certified EHR technology and
exchange behavioral health information.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for the period of fiscal
years 2017 through 2022 to carry out the pilot program under this
section, to remain available for the duration of the pilot program. | Integrating Behavioral Health Through Technology Act of 2016 This bill requires the Substance Abuse and Mental Health Services Administration (SAMHSA)to establish a pilot program in up to five states under which incentive payments may be provided to clinical psychologists, clinical social workers, and behavioral health facilities for the adoption and use of certified electronic health records technology. SAMHSA must give priority to states that have implemented a health information exchange that includes behavioral health data. | Integrating Behavioral Health Through Technology Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Defense Contracts for Terror
Profiteers Act of 2016''.
SEC. 2. LIMITATION ON USE OF FUNDS AVAILABLE TO THE DEPARTMENT OF
DEFENSE FOR FISCAL YEAR 2017 TO PROCURE, OR ENTER INTO
ANY CONTRACT FOR THE PROCUREMENT OF, ANY GOODS OR
SERVICES FROM PERSONS THAT PROVIDE MATERIAL SUPPORT TO
CERTAIN IRANIAN PERSONS.
(a) Limitation.--No funds available to the Department of Defense
for fiscal year 2017 may be used to procure, or enter into any contract
for the procurement of, any goods or services from any person that
provides material support to, including engaging in a significant
transaction or transactions with, a covered Iranian person during such
fiscal year.
(b) Certification.--The Federal Acquisition Regulation shall be
revised to require a certification from each person that is a
prospective contractor that such person does not engage in any of the
conduct described in subsection (a). Such revision shall apply with
respect to contracts in an amount greater than the simplified
acquisition threshold (as defined in section 134 of title 41, United
States Code) for which solicitations are issued on or after the date
that is 90 days after the date of the enactment of this Act.
(c) Waiver.--The Secretary of Defense, in consultation with the
Secretary of State and the Secretary of the Treasury, may, on a case-
by-case basis, waive the limitation in subsection (a) with respect to a
person if the Secretary of Defense, in consultation with the Secretary
of State and the Secretary of the Treasury--
(1) determines that the waiver is important to the national
security interest of the United States; and
(2) submits to the appropriate committees of Congress a
notification of, and detailed justification for, the waiver not
less than 30 days before the date on which the waiver is to
take effect.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Covered iranian person.--The term ``covered Iranian
person'' means an Iranian person that--
(A) is included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury and the property and interests in property of
which are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
for acting on behalf of or at the direction of, or
being owned or controlled by, the Government of Iran;
(B) is included on the list of persons identified
as blocked solely pursuant to Executive Order 13599; or
(C) in the case of an Iranian person described in
paragraph (3)(B)--
(i) is owned, directly or indirectly, by--
(I) Iran's Revolutionary Guard
Corps, or any agent or affiliate
thereof; or
(II) one or more other Iranian
persons that are included on the list
of specially designated nationals and
blocked persons as described in
subparagraph (A) if such Iranian
persons collectively own a 25 percent
or greater interest in the Iranian
person; or
(ii) is controlled, managed, or directed,
directly or indirectly, by Iran's Revolutionary
Guard Corps, or any agent or affiliate thereof,
or by one or more other Iranian persons
described in clause (i)(II).
(3) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a national of Iran; or
(B) an entity that is organized under the laws of
Iran or otherwise subject to the jurisdiction of the
Government of Iran.
(4) Person.--The term ``person'' has the meaning given such
term in section 560.305 of title 31, Code of Federal
Regulations, as such section 560.305 was in effect on April 22,
2016.
(5) Significant transaction or transactions.--The term
``significant transaction or transactions'' shall be
determined, for purposes of this section, in accordance with
section 561.404 of title 31, Code of Federal Regulations, as
such section 561.404 was in effect on January 1, 2016. | No Defense Contracts for Terror Profiteers Act of 2016 This bill prohibits funds available to the Department of Defense (DOD) for FY2017 from being used to procure, or enter into a contract to procure, goods or services from any person that provides material support to a covered Iranian person during such fiscal year. A "covered Iranian person" includes an Iranian person that is: (1) included on the list of designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for acting on behalf of, or being owned or controlled by, the government of Iran; or (2) owned or controlled by Iran's Revolutionary Guard Corps. The bill requires the Federal Acquisition Regulation to be revised to require a person with a prospective contract of more than $100,000 to certify that the person does not engage in prohibited conduct with a covered Iranian person. DOD may, on a case-by-case basis, waive such prohibition for national security reasons but must provide Congress with notice before the waiver takes effect. | No Defense Contracts for Terror Profiteers Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent and Repeat Offender
Accountability Act of 1993''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) it is the responsibility of the Federal Government to
provide States help in certain areas, including efforts to
reduce violent crime;
(2) Federal legislation relating to criminal justice,
including the Racketeer Influenced and Corrupt Organizations
Act (``RICO'') and the Federal Sentencing Guidelines, has been
very effective in dealing with crimes to which the legislation
applies;
(3) the responsibility for protecting citizens against most
violent crimes and for punishing most violent criminal
offenders is primarily a matter of State and local governance;
(4) violent crimes nationwide have risen dramatically and
constitute a national priority of the highest order;
(5) the persistence and increasing incidence of violent
crime, despite the efforts of State and local governments, has
resulted in a vastly increased Federal role in this area, and
there is pressure for even greater Federal involvement in
criminal matters traditionally handled by State and local
governments;
(6) the Federal courts especially have become overburdened
with criminal matters more properly handled by State and local
governments;
(7) a major impetus for this increased Federal role in
combating violent crime is the lack of effective tools with
which State and local governments can prosecute violent
criminal offenders;
(8) a more uniform, proportionate, and appropriately
punitive system of sentencing for violent criminal offenders
would serve both to reduce the incidence of violent crime and
to reduce the need for direct Federal involvement in criminal
matters traditionally handled by State and local governments;
(9) a more appropriate and effective role for the Federal
Government in the struggle against most violent crime is to
encourage each State to take the steps necessary to reduce
crime in such State which would also reduce the national crime
rate;
(10) the United States Sentencing Guidelines have proven to
be an effective means of achieving, at the Federal level, a
more uniform, proportionate, and appropriately punitive
criminal sentencing system; and
(11) each State should be required to analyze its criminal
sentencing system and to consider whether the adoption of a
revised sentencing system would enable it to combat violent
crime more effectively.
(b) Purposes.--The purposes of this Act are--
(1) to require each State to undertake a comprehensive
examination of the State's criminal sentencing scheme and to
create a sentencing system which more effectively governs the
sentencing of violent offenders; and
(2) to provide funds to States that comply with the
requirements of section 5(b) to implement necessary changes to
the State criminal sentencing system, including increasing the
capacity of State correctional facilities if necessary.
SEC. 3. DEFINITION.
For the purpose of this Act, the term ``State'' means any State of
the United States.
SEC. 4. STATE SENTENCING REVIEWS.
(a) In General.--Each State, in order to be eligible for funds
under this Act, must conduct a systematic review of its criminal
sentencing laws and practices.
(b) State Sentencing Reviews.--Not later than one year after the
date of enactment of this Act, the government of each State shall
submit to the Attorney General a report detailing the results of the
State's review of its criminal sentencing system. The report also shall
include the following:
(1) An analysis of the State statutory criminal sentencing
scheme, including information regarding murder (all degrees),
arson, burglary, assault, robbery, kidnapping, extortion, rape,
and child molestation. This analysis should include--
(A) the minimum and maximum sentence available for
each offense;
(B) the basis for distinguishing between different
degrees of the same offense;
(C) whether factors in addition to the actual crime
(such as criminal history, victim impact, or use of a
weapon) should be considered by the sentencing
authority; and
(D) whether probation or some other non-custodial
alternatives to incarceration are a sentencing option.
(2) An analysis of the sentences actually imposed by State
court judges for the crimes listed in paragraph (1).
(3) An analysis of the time which has actually been served
for the conviction of crimes listed in paragraph (1).
(4) An analysis of the practices and procedures of the
State relating to probation, parole, and other alternatives to
incarceration, with particular emphasis on crimes which have
been committed by convicted criminals while on parole or
probation or otherwise not incarcerated.
(5) An analysis of whether the State sentencing system
permits or requires the sentencing authority to order convicted
criminals to pay restitution to the victim, the victim's
family, or the State, and the percentage of restitution orders
which are actually collected.
(6) An analysis of whether and under what circumstances
State law permits the pretrial detention without bond of
dangerous offenders.
(7) An analysis of whether and under what circumstances
State law gives victims the right to be informed, present, and
heard at all critical stages of a case from arrest through
parole.
(8) An analysis of whether and how State law establishes
post conviction relief procedures which limit repetitive
challenges by convicted offenders.
(9) An analysis of State law regarding the application of
adult sentencing laws to juvenile offenders charged with the
crimes listed in section 4(b)(1) of this Act.
(10) An analysis of the State prison capacity and whether
court orders limit, or otherwise impact such capacity and
whether a lack of capacity impacts sentencing or release
decisions at the judicial or administrative level.
SEC. 5. STATE SENTENCING SYSTEMS.
(a) In General.--Each State, in order to comply with this Act, must
submit for approval a plan to the Attorney General that evaluates the
criminal sentencing system and, if necessary, creates a sentencing
system which complies with the requirements of subsection (b).
(b) State Sentencing System.--In addition to responding to the
reporting requirement of section 4(b) of this Act, the State, in a
subsequent report to the Attorney General, shall describe in detail any
changes in the State's criminal sentencing system designed to meet the
requirements of this Act. The elements of a sentencing system that the
States must have in order to be in compliance with this Act shall
include at least the following:
(1) State constitutional or statutory authority for
pretrial detention of dangerous criminals.
(2) Mandatory minimum prison sentences, which do not allow
probation or suspension of sentence, for violent offenders or
repeat offenders who--
(A) intentionally or knowingly inflict serious
physical injury;
(B) use or exhibit deadly weapons in the commission
of the crimes listed in section 4(b)(1) of this Act.
(C) commit violent or sexual offenses against
children; and
(D) commit sexual assault.
(3) Mandatory life sentence with no release for third or
subsequent conviction of violent crime.
(4) Truth in sentencing provisions which restrict parole,
good-time credit release for violent offenders, or other forms
of early release to not more than a total reduction of 15
percent of the sentence imposed.
(5) State constitutional or statutory provisions which
guarantee to victims the right to be informed, present, and
heard at all critical stages of the criminal case, and
provisions to ensure the collection, tracking, and enforcement
of restitution from the offender in all cases involving
economic loss to the victim.
SEC. 6. FUNDING AND COMPLIANCE.
(a) Funding.--There shall be available to carry out the purposes of
this Act, for fiscal year 1994, $1,000,000; for fiscal year 1995,
$1,500,000; for fiscal year 1996, $2,000,000; for fiscal year 1997,
$2,500,000; and for fiscal year 1998, $3,000,000; from amounts
appropriated for foreign operations during such fiscal years
(specifically from the amounts allocated for the Multilateral
Development Banks, the International Development Association, the
Agency for International Development, Public Law 83-480, and the
Export-Import Development Bank) and from amounts appropriated from
Federal land purchases and from amounts appropriated for trade
promotion activities and travel and tourism activities.
(b) Federal Share.--The Federal share of a grant made under this
Act may not exceed 50 percent of the total costs of the projects which
receive funds under this Act.
(c) Compliance.--Beginning 3 years after the date of enactment of
this Act, the Attorney General shall eliminate funding to a State that
does not comply with the requirements of this Act. | Violent and Repeat Offender Accountability Act of 1993 - Requires each State, to be eligible for funds under this Act, to conduct and report to the Attorney General on a systematic review of its criminal sentencing laws and practices, including analyses related to: (1) the State statutory criminal sentencing scheme; (2) sentences actually imposed for specified crimes; (3) time actually served; (4) practices and procedures relating to probation, parole, and other alternatives to incarceration; (5) restitution; (6) pretrial detention; (7) victims rights; (8) post-conviction relief procedures; (9) application of adult sentencing laws to juvenile offenders; and (10) prison capacity.
Directs each State to submit to the Attorney General for approval a plan that evaluates the criminal sentencing system and, if necessary, creates a sentencing system which provides for: (1) State constitutional or statutory authority for pretrial detention of dangerous criminals; (2) mandatory minimum prison sentences which do not allow probation or suspension of sentence, for certain violent or repeat offenders; (3) mandatory life sentence with no release for a third or subsequent conviction of a violent crime; (4) provisions which restrict parole, good-time credit release for violent offenders, or other early release to not more than a total reduction of 15 percent of the sentence imposed; and (5) State constitutional or statutory provisions which guarantee victims the right to be informed, present, and heard at all critical stages of the criminal case, and to ensure the collection, tracking, and enforcement of restitution from the offender in all cases involving economic loss to the victim.
Makes funds available for this Act from amounts appropriated for foreign operations, for trade promotion, travel, and tourism activities, and for Federal land purchases.
Limits the Federal share of grants made under this Act to 50 percent of total project costs. | Violent and Repeat Offender Accountability Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation and Restoration of
Orphan Works for Use in Scholarship and Education (PRO-USE) Act of
2005''.
TITLE I--PRESERVATION OF ORPHAN WORKS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Preservation of Orphan Works
Act''.
SEC. 102. REPRODUCTION OF COPYRIGHTED WORKS BY LIBRARIES AND ARCHIVES.
Section 108(i) of title 17, United States Code, is amended by
striking ``(b) and (c)'' and inserting ``(b), (c), and (h)''.
TITLE II--NATIONAL FILM PRESERVATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Film Preservation Act of
2005''.
Subtitle A--Reauthorization of National Film Preservation Act
SEC. 211. REAUTHORIZATION AND AMENDMENT.
(a) Duties of the Librarian of Congress.--Section 103 of the
National Film Preservation Act of 1996 (2 U.S.C. 179m) is amended:
(1) in subsection (b)--
(A) by striking ``film copy'' each place that term
appears and inserting ``film or other approved copy'';
(B) by striking ``film copies'' each place that
term appears and inserting ``film or other approved
copies''; and
(C) in the third sentence, by striking
``copyrighted'' and inserting ``copyrighted, mass
distributed, broadcast, or published''; and
(2) by adding at the end the following:
``(c) Coordination of Program With Other Collection, Preservation,
and Accessibility Activities.--In carrying out the comprehensive
national film preservation program for motion pictures established
under the National Film Preservation Act of 1996, the Librarian, in
consultation with the Board established pursuant to section 104,
shall--
``(1) carry out activities to make films included in the
National Film registry more broadly accessible for research and
educational purposes, and to generate public awareness and
support of the Registry and the comprehensive national film
preservation program;
``(2) review the comprehensive national film preservation
plan, and amend it to the extent necessary to ensure that it
addresses technological advances in the preservation and
storage of, and access to film collections in multiple formats;
and
``(3) wherever possible, undertake expanded initiatives to
ensure the preservation of the moving image heritage of the
United States, including film, videotape, television, and born
digital moving image formats, by supporting the work of the
National Audio-Visual Conservation Center of the Library of
Congress, and other appropriate nonprofit archival and
preservation organizations.''.
(b) National Film Preservation Board.--Section 104 of the National
Film Preservation Act of 1996 (2 U.S.C. 179n) is amended--
(1) in subsection (a)(1) by striking ``20'' and inserting
``22'';
(2) in subsection (a)(2) by striking ``three'' and
inserting ``5'';
(3) in subsection (d) by striking ``11'' and inserting
``12''; and
(4) by striking subsection (e) and inserting the following:
``(e) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.''.
(c) Responsibilities and Powers of Board.--Section 105(c) of the
National Film Preservation Act of 1996 (2 U.S.C. 179o) is amended by
adding at the end the following:
``(3) Review and approval of special foundation projects.--
The Board shall review special projects submitted for its
approval by the National Film Preservation Foundation under
section 151711 of title 36, United States Code.''.
(d) National Film Registry.--Section 106 of the National Film
Preservation Act of 1996 (2 U.S.C. 179p) is amended by adding at the
end the following:
``(e) National Audio-Visual Conservation Center.--The Librarian
shall utilize the National Audio-Visual Conservation Center of the
Library of Congress at Culpeper, Virginia, to ensure that preserved
films included in the National Film Registry are stored in a proper
manner, and disseminated to researchers, scholars, and the public as
may be appropriate in accordance with--
``(1) title 17, United States Code; and
``(2) the terms of any agreements between the Librarian and
persons who hold copyrights to such audiovisual works.''.
(e) Use of Seal.--Section 107 (a) of the National Film Preservation
Act of 1996 (2 U.S.C. 179q) is amended--
(1) in paragraph (1), by inserting ``in any format'' after
``or any copy''; and
(2) in paragraph (2), by striking ``or film copy'' and
inserting ``in any format''.
(f) Effective Date.--Section 113 of the National Film Preservation
Act of 1996 (2 U.S.C. 179w) is amended by striking ``7'' and inserting
``19''.
Subtitle B--Reauthorization of the National Film Preservation
Foundation
SEC. 221. REAUTHORIZATION AND AMENDMENT.
(a) Board of Directors.--Section 151703 of title 36, United States
Code, is amended--
(1) in subsection (b)(2)(A), by striking ``nine'' and
inserting ``12''; and
(2) in subsection (b)(4), by striking the second sentence
and inserting ``There shall be no limit to the number of terms
to which any individual may be appointed.''.
(b) Powers.--Section 151705(b) of title 36, United States Code, is
amended by striking ``District of Columbia'' and inserting ``the
jurisdiction in which the principal office of the corporation is
located''.
(c) Principal Office.--Section 151706 of title 36, United States
Code, is amended by inserting ``, or another place as determined by the
board of directors'' after ``District of Columbia''.
(d) Authorization of Appropriations.--Section 151711 of title 36,
United States Code, is amended by striking subsections (a) and (b) and
inserting the following:
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Library of Congress amounts necessary to carry out
this chapter, not to exceed $530,000 for each of the fiscal years 2005
and 2006, and not to exceed $1,000,000 for each of the fiscal years
2007 through 2015. These amounts are to be made available to the
corporation to match any private contributions (whether in currency,
services, or property) made to the corporation by private persons and
State and local governments.
``(b) Limitation Related to Administrative Expenses.--Amounts
authorized under this section may not be used by the corporation for
management and general or fundraising expenses as reported to the
Internal Revenue Service as part of an annual information return
required under the Internal Revenue Code of 1986.''.
(e) Cooperative Film Preservation.--
(1) In general.--Chapter 1517 of title 36, United States
Code, is amended--
(A) by redesignating sections 151711 and 151712 as
sections 151712 and 151713, respectively; and
(B) by adding at the end the following:
``Sec. 151711. Cooperative film preservation
``(a) Cooperative Film Preservation.--
``(1) In general.--The corporation shall design and support
cooperative national film preservation and access initiatives.
Such initiatives shall be approved by the corporation, the
Librarian of Congress, and the National Film Preservation Board
of the Library of Congress under section 105(c)(3) of the
National Film Preservation Act of 1996.
``(2) Scope.--Cooperative initiatives authorized under
paragraph (1) may include--
``(A) the repatriation and preservation of American
films that may be found in archives outside of the
United States;
``(B) the exhibition and dissemination via
broadcast or other means of `orphan' films;
``(C) the production of educational materials in
various formats to encourage film preservation,
preservation initiatives undertaken by 3 or more
archives jointly; and
``(D) other activities undertaken in light of
significant unfunded film preservation and access
needs.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Library of Congress amounts not to exceed $1,000,000 for
each of the fiscal years 2006 through 2015, to carry out the
purposes of this section.
``(2) Matching.--The amounts made available under paragraph
(1) are to be made available to the corporation to match any
private contributions (whether in currency, services, or
property) made to the corporation by private persons and State
and local governments.
``(3) Limitation related to administrative expenses.--
Amounts authorized under this section may not be used by the
corporation for management and general or fundraising expenses
as reported to the Internal Revenue Service as part of an
annual information return required under the Internal Revenue
Code of 1986.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 1517 of title 36, United States Code, is
amended by striking the items relating to sections 151711 and
151712 and inserting the following:
``151711. Cooperative film preservation.
``151712. Authorization of appropriations.
``151713. Annual report.''. | Preservation and Restoration of Orphan Works for Use in Scholarship and Education (PRO-USE) Act of 2005 - Preservation of Orphan Works Act - Provides that the limitation on rights of reproduction and distribution of copyrighted works does not apply to the authority of libraries or archives, during the last 20 years of any term of copyright of a published work, to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research when certain conditions apply.
National Film Preservation Act of 2005 - Amends the National Film Preservation Act of 1996 to direct the Librarian of Congress to carry out preservation activities, including: (1) generating public awareness of the National Film Registry; (2) updating the national film preservation program with technological advances; and (3) utilizing the National Audio-Visual Conservation Center to ensure that Registry films are properly stored and disseminated in accordance with copyright law and any relevant agreements.
Directs the National Film Preservation Board to review special projects submitted for its approval by the National Film Preservation Foundation. Reauthorizes film preservation provisions. Allows the Foundation's board of directors to determine the location of its principal office. Authorizes appropriations to the Library of Congress for the Foundation. Directs the Foundation to design and support cooperative film preservation and access initiatives, with the approval of the Librarian and the Board. | To encourage the preservation and restoration of copyrighted works for research, scholarly, and educational purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trucking Rules Updated by
Comprehensive and Key Safety Reform Act'' or the ``TRUCK Safety Reform
Act''.
SEC. 2. QUINQUENNIAL REVIEW OF RULES, GUIDANCE, REGULATIONS, AND
ENFORCEMENT POLICIES.
(a) Review.--Not less frequently than once every 5 years, the
Administrator of the Federal Motor Carrier Safety Administration
(referred to in this Act as the ``FMCSA'') shall conduct a
comprehensive review of its rules, regulations, regulatory guidance,
and enforcement policies.
(b) Schedule.--At the beginning of each 5-year review period, the
Administrator shall publish a schedule that--
(1) describes the order in which the FMCSA will review
regulations and enforcement policies; and
(2) sets forth the work plan timeframe for completing the
full review within 5 years.
(c) Notification of Changes.--During each review period, the
Administrator shall address any changes to the schedule published
pursuant to subsection (b) and notify the public of such changes.
(d) Report.--At the conclusion of each review under subsection (a),
the Administrator shall post a report on a publicly accessible website
that includes--
(1) an inventory of technical rules and guidance issued
during the previous 5-year period;
(2) the full details of the review conducted under this
section;
(3) a determination of whether the regulations and
enforcement policies under the jurisdiction of the FMCSA are--
(A) consistent and clear;
(B) current and consistent with the state of the
motor carrier industry; and
(C) uniform and consistently enforceable; and
(4) a statement indicating whether guidance from the
Administration is still necessary.
(e) Rulemaking.--Not later than 24 months after the completion of
each review under this section, the Administrator shall amend the
regulations and enforcement policies under the jurisdiction of the
FMCSA to ensure that such regulations and enforcement policies are
consistent and uniform.
SEC. 3. GUIDANCE.
Section 31136 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Regulatory Guidance.--
``(1) Publication.--The Secretary, in consultation with the
Administrator of the Federal Motor Carrier Safety
Administration (referred to in this section as the
`Administrator'), shall publish all newly issued or reissued
regulatory guidance and interpretations in the Federal Register
on the date of issuance.
``(2) Reissuance.--If the Administrator, in a review
conducted pursuant to section 2 of the TRUCK Safety Reform Act,
determines that guidance issued by the Administration has not
been incorporated into a regulation, such guidance shall cease
to be effective on the date that is 24 months after the
conclusion of such review unless the Administrator reissues the
guidance by publishing the guidance in the Federal Register
with the date on which the guidance was last revised and
contact information for an official at the Administration who
can answer questions about the guidance.
``(h) Medical Guidance.--
``(1) In general.--Except as provided under paragraph (2),
the Administrator shall conduct a formal notice and comment
process when issuing medical guidance.
``(2) Public health emergencies.--
``(A) In general.--The Administrator may use
informal rulemaking when issuing medical guidance that
is directly related to a public health emergency.
``(B) Consultation.--In determining whether a
public health emergency necessitates informal
rulemaking, the Administrator shall consult with the
Secretary of Health and Human Services and the Centers
for Disease Control.''.
SEC. 4. REGULATIONS, ADVANCED NOTICE OF PROPOSED RULEMAKING, AND
NEGOTIATED RULEMAKINGS.
Section 31136 of title 49, United States Code, as amended by
section 3, is further amended by adding at the end the following:
``(i) Regulatory Evaluations.--When analyzing the impact of
regulations and enforcement policies, the Administrator shall--
``(1) specify how the Administration will evaluate future
rules; and
``(2) allow stakeholders to comment on why performance-
based targets would be preferable to a proposed regulation.
``(j) Cost-Benefit Analysis.--
``(1) In general.--Before promulgating any new regulation
on or after the date of the enactment of the TRUCK Safety
Reform Act, the Administrator shall include, within the
Administration's cost-benefit analysis, a wider selection and
scope of motor carriers.
``(2) Scope.--The analysis conducted under this
subsection--
``(A) shall be based upon data generated from a
statistically significant and representative sample of
commercial vehicle operators, motor carriers, or both,
that will be covered under the proposed regulation;
``(B) shall focus on examining commercial truck and
bus carriers of all sizes, various operation types and
sectors, including various types of commercial busses,
long haul, regional, short-haul, flat-bed, dry-van,
refrigerated, various commercial busses and tank
operations to the extent appropriate and practicable;
and
``(C) shall be subject to independent peer review,
to the maximum extent practicable, by a balanced panel
of individuals with relevant areas of expertise
suitable for the review being conducted, including
statistical expertise.
``(3) Waiver.--This subsection shall not apply if the
Administrator, for good cause, finds (and incorporates the
finding and a brief statement of reasons for such finding in
the final rule) that conducting the cost-benefit analysis
described in paragraph (2) would be impracticable, unnecessary,
or contrary to the public interest.
``(k) Request for Comment.--
``(1) In general.--Before promulgating a Notice of Proposed
Rulemaking, in accordance with section 553 of title 5, that is
reasonably likely to lead to the promulgation of a major rule
(as defined in section 804 of such title), the Administrator of
the Federal Motor Carrier Safety Administration shall--
``(A) issue an Advance Notice of Proposed
Rulemaking;
``(B) determine whether a negotiated rulemaking is
necessary; or
``(C) otherwise publish a request for comment in
the Federal Register, seeking ideas and data to inform
the formulation of a potential proposed rule.
``(2) Requirements.--Each Advance Notice of Proposed
Rulemaking or Negotiated Rulemaking issued under paragraph (1)
shall--
``(A) identify the compelling public concern for a
potential regulatory action, such as material failures
of private markets to protect or improve the safety of
the public, the environment, or the well-being of the
American people;
``(B) identify and request public comment on the
best available science or technical information on the
need for regulatory action and on the potential
regulatory alternatives;
``(C) request public comment on the benefits and
costs of potential regulatory alternatives reasonably
likely to be included or analyzed as part of the notice
of proposed rulemaking;
``(D) request public comment on the available
alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior;
and
``(E) request data on how safety will be
quantifiably improved by the regulation.
``(3) Waiver.--This subsection shall not apply if the
Administrator, for good cause, finds (and incorporates the
finding and a brief statement of reasons for such finding in
the final rule) that an Advance Notice of Proposed Rulemaking
is impracticable, unnecessary, or contrary to the public
interest.
``(l) Feedback.--
``(1) In general.--During the development of Advance Notice
of Proposed Rulemaking and Notice of Proposed Rulemaking, the
Administrator shall notify and receive written feedback from
the Transportation Research Board at the National Academy of
Sciences or the Inspector General of the Department of
Transportation to consider and determine the appropriate
universe for the various types of carriers referred to in
subsection (k)(2).
``(2) Requirements.--If the Administrator, in conducting a
rulemaking, does not utilize the statistically significant and
representative sample recommendations provided by the
Transportation Research Board or the Inspector General of the
Department of Transportation, the Administrator shall publish
an explanation in the Federal Register of why the data
collected by the Administration for the cost-benefit analysis
required under subsection (k) meets the statistically
significant and representative requirements under that
subsection.
``(3) Certification.--The Administrator shall publish, in
the Federal Register, a certification that the Administration
has attempted, to the maximum extent possible, to consider
various aspects of the commercial trucking and bus industry
that are impacted by the rule referred to in paragraph (2) in
the Administration's collection of data for the purposes of
cost-benefit analysis.''.
SEC. 5. PETITIONS AND OTHER PROVISIONS.
Section 31136 of title 49, United States Code, as amended by
sections 3 and 4, is further amended by adding at the end the
following:
``(m) Statutory Rulemaking and Petitions.--The Administrator
shall--
``(1) first respond to all statutory requirements for
rulemaking;
``(2) prioritize stakeholder petitions based on the
likelihood of safety improvements;
``(3) not later than 6 months after a petition is
submitted, formally respond to such petition by--
``(A) indicating whether the Administration will
accept or deny the petition; and
``(B) including a safety value assessment,
prioritization, and description of the policy goals of
the Administration related to the subject matter of the
petition; and
``(4) post and maintain an inventory of all petitions
received by the Administration, including information about the
disposition of such petitions, on a publicly accessible
website.''.
SEC. 6. SAVINGS PROVISION.
Nothing in the amendments made by section 3 through 5 may be
construed to limit the contents of any Advance Notice of Proposed
Rulemaking. | Trucking Rules Updated by Comprehensive and Key Safety Reform Act or the TRUCK Safety Reform Act This bill requires the Federal Motor Carrier Safety Administration (FMCSA): (1) at least every five years, to conduct a comprehensive review of its rules, regulations, regulatory guidance, and enforcement policies; and (2) within 24 months after completion of each review, to amend its regulations and enforcement policies to ensure that they are consistent and uniform. If the FMCSA determines that guidance it has issued has not been incorporated into a regulation, such guidance shall cease to be effective 24 months after the conclusion of such review unless FMCSA reissues it. The Department of Transportation (DOT) shall publish in the Federal Register on the date of issuance all newly issued or reissued regulatory guidance and interpretations regarding commercial motor vehicle safety regulations. The FMCSA shall conduct a formal notice and comment process when issuing medical guidance but may use informal rulemaking when issuing medical guidance that is directly related to a public health emergency. The FMCSA: (1) when analyzing the impact of regulations and enforcement policies, shall specify how it will evaluate future rules and shall allow stakeholders to comment on why performance-based targets would be preferable to a proposed regulation; and (2) before promulgating any new regulation, shall include within its cost-benefit analysis a wider selection and scope of motor carriers. The FMCSA, before promulgating a Notice of Proposed Rulemaking that is reasonably likely to lead to the promulgation of a major rule, shall: issue an Advance Notice of Proposed Rulemaking that identifies the compelling public concern for a potential regulatory action and requests public comment on alternatives; determine whether a negotiated rulemaking is necessary; or otherwise publish a request for comment in the Federal Register. The FMCSA shall: respond to all statutory requirements for rulemaking; prioritize stakeholder petitions based on the likelihood of safety improvements; formally respond to a petition within six months after it is submitted; and post and maintain an inventory of all petitions received, including information about their disposition, on a publicly accessible website. | TRUCK Safety Reform Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shortening Hours and Retaining
Employees Credit Act of 2009'' or the ``SHARE Credit Act of 2009''.
SEC. 2. PURPOSE.
The purpose of this Act is to keep Americans working by encouraging
employers to hold wages constant while decreasing employee work hours
as a means of providing an alternative to layoffs and promoting labor
demand in the private sector.
SEC. 3. WORK SHARE CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by adding at the end the following new section:
``SEC. 36B. WORK SHARE CREDIT.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle an amount equal the wages paid or incurred
by the taxpayer during the taxable year to each qualified work share
employee.
``(b) Maximum Credit Per Employee.--The credit allowed by this
section with respect to each qualified work share employee shall not
exceed the lesser of--
``(1) $3,000, or
``(2) 10 percent of the wages paid or incurred to the
employee for periods (during the taxable year) during which the
employee did not perform services for the employer by reason of
a reduction described in subsection (d)(1)(A)(ii)(II).
``(c) Qualified Work Share Employee.--For purposes of this
section--
``(1) In general.--The term `qualified work share employee'
means any employee of the taxpayer for any period if--
``(A) substantially all of the services performed
during such period by such employee for such employer
are performed in the United States in a trade or
business of the employer, and
``(B) such employee is participating in a qualified
work share program of the employer.
``(2) Exceptions.--Such term shall not include any
individual who is described in any subparagraph of section
1396(d)(2).
``(d) Qualified Work Share Program.--For purposes of this section--
``(1) In general.--The term `qualified work share program'
means any written program of the employer--
``(A) under which employees who participate in the
program--
``(i) perform the same functions they would
have performed were they not participants in
the program, and
``(ii) receive the same wages and benefits
that they would have received--
``(I) were they not participants in
the program, and
``(II) without regard to any
reduction in the hours of the
employee's service (including any
reduction in the form of increased
required paid leave or paid vacation)
required by the employer as a condition
of participating in the program,
``(B) which is determined by the Secretary to have
adequate recordkeeping and reporting procedures to
comply with the requirements under this section,
``(C) which meets the disclosure requirements of
paragraph (2), and
``(D) which meets rules similar to the rules of
paragraphs (2), (3), and (6) of section 127(d).
The application of this paragraph to individuals employed on an
hourly basis shall be determined under regulations prescribed
by the Secretary.
``(2) Employer compliance disclosure.--A program meets the
disclosure requirements of the paragraph if--
``(A) in the case of an employer with a publicly
accessible Internet website, the employer posts the
hour reductions made for the purpose of qualifying for
a credit under this section within 24 hours of such
reductions being authorized by the employer, and
``(B) in the case of any other employer, the
employer transfers information, including the amount of
hour reductions made for the purpose of qualifying for
a credit under this section, to the Secretary within 24
hours of such reductions being authorized by the
employer.
``(e) Wages.--For purposes of this section, the term `wages' has
the meaning given to such term by section 51(c).
``(f) Controlled Groups.--Rules similar to the rules of subsections
(b) and (c) of section 1397 shall apply for purposes of this
section.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``36B(a),'' after ``45P(a),''.
(c) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36B,'' after ``36A,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36A the following new item:
``Sec. 36B. Work share credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to qualified work shares initiated after the date of the
enactment of this Act in taxable years ending after such date.
(e) Payments to Governments and Other Tax-exempt Entities.--
(1) In general.--In the case of any entity to which this
subsection applies, the Secretary of the Treasury shall pay
(without interest) to such entity an amount equal to the credit
which would be allowed under section 36B of the Internal
Revenue Code of 1986 (as added by this section) were such
entity subject to the taxes imposed by chapter 1 of such Code.
(2) Entities entitled to payments.--This subsection shall
apply to--
(A) any State, political subdivision of a State, or
agency or instrumentality of one or more States or
political subdivisions, and
(B) any organization exempt from tax under section
501(a) of such Code (other than an organization
required to make a return of the tax imposed under
subtitle A of such Code for the taxable year).
(3) Time for filing claims; period covered.--Not more than
one claim may be filed under paragraph (1) by any entity with
respect to wages paid or incurred during any calendar year, and
no claim shall be allowed under this paragraph with respect to
any calendar year unless filed by such entity not later than 3
years after the close of such calendar year.
(f) Use of Payroll Tax Data for Employer Compliance Purposes.--No
later than 60 days after the enactment of this Act, the Secretary of
the Treasury shall establish a system--
(1) to verify employer compliance with section 36B of the
Internal Revenue Code of 1986 (as added by this section) using
payroll tax data, and
(2) to allow employers to comply with the requirements in
section 36B(d)(2) of such Code (as so added). | Shortening Hours and Retaining Employees Credit Act of 2009 or the SHARE Credit Act of 2009 - Amends the Internal Revenue Code to allow employers a refundable tax credit for wage subsidies paid to employees whose hours are reduced in accordance with a qualified work share program (i.e., a written employer plan under which employees work fewer hours without a reduction in pay). Limits the amount of such credit to the lesser of $3,000 per employee or 10% of the wages for periods in which an employee's hours are reduced under a work share program. | To amend the Internal Revenue Code of 1986 to keep Americans working by creating a refundable work-sharing tax credit that stimulates demand in the private sector labor market and provides employers with an alternative to layoffs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kake Tribal Corporation Land
Transfer Act''.
SEC. 2. DECLARATION OF PURPOSE.
The purpose of this Act is to authorize the reallocation of lands
and selection rights between the State of Alaska, Kake Tribal
Corporation, and the City of Kake, Alaska, in order to provide for the
protection and management of the municipal watershed.
SEC. 3. AMENDMENT OF ALASKA NATIVE CLAIMS SETTLEMENT ACT.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 note) is
amended by adding at the end the following new section:
``KAKE TRIBAL CORPORATION LAND TRANSFER
``Sec. 42. (a) In General.--If--
``(1) the State of Alaska relinquishes its selection rights
under the Alaska Statehood Act (Public Law 85-508) to lands
described in subsection (c)(2) of this section; and
``(2) Kake Tribal Corporation and Sealaska Corporation convey
all right, title, and interest to lands described in subsection
(c)(1) to the City of Kake, Alaska,
then the Secretary of Agriculture (hereinafter referred to as
`Secretary') shall, not later than 180 days thereafter, convey to Kake
Tribal Corporation title to the surface estate in the land identified
in subsection (c)(2) of this section, and convey to Sealaska
Corporation title to the subsurface estate in such land.
``(b) Effect on Selection Totals.--(1) Of the lands to which the
State of Alaska relinquishes selection rights and which are conveyed to
the City of Kake pursuant to subsection (a), 694.5 acres shall be
charged against lands to be selected by the State of Alaska under
section 6(a) of the Alaska Statehood Act and 694.5 acres against lands
to be selected by the State of Alaska under section 6(b) of the Alaska
Statehood Act.
``(2) The land conveyed to Kake Tribal Corporation and to Sealaska
Corporation under this section is, for all purposes, considered to be
land conveyed under this Act. However, the conveyance of such land to
Kake Tribal Corporation shall not count against or otherwise affect the
Corporation's remaining entitlement under section 16(b).
``(c) Lands Subject to Exchange.--(1) The lands to be transferred
to the City of Kake under subsection (a) are the surface and subsurface
estate to approximately 1,430 acres of land owned by Kake Tribal
Corporation and Sealaska Corporation, and depicted as `KTC Land to City
of Kake' on the map entitled `Kake Land Exchange-2000', dated May 2000.
``(2) The lands subject to relinquishment by the State of Alaska
and to conveyance to Kake Tribal Corporation and Sealaska Corporation
under subsection (a) are the surface and subsurface estate to
approximately 1,389 acres of Federal lands depicted as `Jenny Creek-
Land Selected by the State of Alaska to KTC' on the map entitled `Kake
Land Exchange-2000', dated May 2000.
``(3) In addition to the transfers authorized under subsection (a),
the Secretary may acquire from Sealaska Corporation the subsurface
estate to approximately 1,127 acres of land depicted as `KTC Land-
Conservation Easement to SEAL Trust' on the map entitled `Kake Land
Exchange-2000', dated May 2000, through a land exchange for the
subsurface estate to approximately 1,168 acres of Federal land in
southeast Alaska that is under the administrative jurisdiction of the
Secretary. Any exchange under this paragraph shall be subject to the
mutual consent of the United States Forest Service and Sealaska
Corporation.
``(d) Withdrawal.--Subject to valid existing rights, the lands
described in subsection (c)(2) are withdrawn from all forms of
location, entry, and selection under the mining and public land laws of
the United States and from leasing under the mineral and geothermal
leasing laws. This withdrawal expires 18 months after the effective
date of this section.
``(e) Maps.--The maps referred to in this Act shall be maintained
on file in the Office of the Chief, United States Forest Service, the
Office of the Secretary of the Interior, and the Office of the
Petersburg Ranger District, Alaska.
``(f) Watershed Management.--The United States Forest Service may
cooperate with Kake Tribal Corporation and the City of Kake in
developing a watershed management plan that provides for the protection
of the watershed in the public interest. Grants may be made, and
contracts and cooperative agreements may be entered into, to the extent
necessary to assist the City of Kake and Kake Tribal Corporation in the
preparation and implementation of a watershed management plan for the
land within the City of Kake's municipal watershed.
``(g) Effective Date.--This section is effective upon the execution
of one or more conservation easements that, subject to valid existing
rights of third parties--
``(1) encumber all lands depicted as `KTC Land to City of Kake'
and `KTC Land-Conservation Easement to SEAL Trust' on a map
entitled `Kake Land Exchange-2000' dated May 2000;
``(2) provide for the relinquishment by Kake Tribal Corporation
of the Corporation's development rights on lands described in
paragraph (1); and
``(3) provide for perpetual protection and management of lands
depicted as `KTC Land to City of Kake' and `KTC Land-Conservation
Easement to SEAL Trust' on the map described in paragraph (1) as--
``(A) a watershed;
``(B) a municipal drinking water source in accordance with
the laws of the State of Alaska;
``(C) a source of fresh water for the Gunnuk Creek
Hatchery; and
``(D) habitat for black bear, deer, birds, and other
wildlife.
``(h) Timber Manufacturing; Export Restriction.--Notwithstanding
any other provision of law, timber harvested from lands conveyed to
Kake Tribal Corporation under this section shall not be available for
export as unprocessed logs from Alaska, nor may Kake Tribal Corporation
sell, trade, exchange, substitute, or otherwise convey such timber to
any person for the purpose of exporting that timber from the State of
Alaska.
``(i) Authorization of Appropriations.--There are authorized such
sums as may be necessary to carry out this Act, including to compensate
Kake Tribal Corporation for relinquishing its development rights
pursuant to subsection (g)(2) and to provide assistance to Kake Tribal
Corporation to meet the requirements of subsection (h). No funds
authorized under this section may be paid to Kake Tribal Corporation
unless Kake Tribal Corporation is a party to the conservation easements
described in subsection (g).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Secretary, in addition to such authorized transfers, to acquire from Sealaska the subsurface estate to a specified conservation easement through a land exchange for the subsurface estate to specified Federal land in southeast Alaska under the administrative jurisdiction of the Secretary, subject to the mutual consent of the U.S. Forest Service and Sealaska.
Authorizes the U.S. Forest Service to cooperate with KTC and the city in developing a watershed management plan. Permits grants to be made, and contracts and cooperative agreements to be entered into, to assist the city and KTC in the preparation and implementation of such a plan for the land within the city's municipal watershed.
Makes this Act effective upon the execution of one or more conservation easements that, subject to valid existing rights of third parties: (1) encumber all lands as specified; (2) provide for the relinquishment by KTC of its development rights on such lands; and (3) provide for perpetual protection and management of specified lands described as a watershed, a municipal drinking water source, a source of fresh water for the Gunnuk Creek Hatchery, and habitat for black bear, deer, birds, and other wildlife. Prohibits: (1) timber harvested from lands conveyed to KTC from being available for export as unprocessed logs from Alaska; and (2) KTC from selling, trading, substituting, or otherwise conveying such timber to any person for export from Alaska. Authorizes appropriations, including to compensate KTC for relinquishing its development rights and to provide assistance to KTC to meet such timber manufacturing and export restrictions. Prohibits such funds from being paid to KTC unless it is a party to such conservation easements. | Kake Tribal Corporation Land Transfer Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustainable Urban Development Act of
2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 51 percent of the world's population
lives in cities of various sizes and produce the majority of
the world's economic output.
(2) It is estimated that by 2030--
(A) almost 4,000,000,000 people will live in cities
in the developing world;
(B) urban populations in Africa and Asia will
double; and
(C) the number of people living in slums will
double.
(3) Of the approximately 1,000,000,000 people worldwide who
live in slums, more than 50 percent are younger than 25 years
of age.
(4) In most countries, the largest urban areas account for
significant shares of gross domestic product and, due to the
economic advantages of large integrated markets for skills,
inputs and outputs are often drivers of national economic
growth.
(5) More than 1,100,000,000 people lack adequate access to
safe water and nearly 2,500,000,000 lack access to sanitation
services. These problems may become more severe with rapid
urbanization.
(6) The costs of diseases and productivity losses linked to
water and sanitation amount to--
(A) 2 percent of gross domestic product in less
developed countries; and
(B) up to 5 percent of gross domestic product in
sub-Saharan Africa.
(7) Insecure lease and real property ownership tenure often
subject slum dwellers to arbitrary, often supra-market rents,
forced evictions, threats, and harassment, particularly
affecting women who are often heads of households.
(8) Insecurity of tenure--
(A) severely inhibits economic development by
undermining investment incentives and constraining the
growth of credit markets;
(B) imperils the ability of families to achieve
sustainable livelihoods and assured access to shelter;
and
(C) often contributes to conflict over property
rights.
(9) Although women constitute 66 percent of the world's
work force, they own less than 15 percent of the world's
private property. This disparity is particularly damaging in
cities and towns in which women are disproportionately affected
by forced evictions and insecure tenure as a result of
discrimination, gender-biased laws, and customs that--
(A) define women as legal minors or otherwise
prevent women from acquiring and securing property,
housing leases, or ownership rights; and
(B) increase the vulnerability of women to poverty,
violence, and sexual abuse.
(10) Cities can play an important role in economic growth
only if--
(A) there is appropriate infrastructure,
institutions, and policies; and
(B) basic services are extended to everyone.
(11) Connective infrastructure, such as roads and
telecommunications--
(A) plays a critical role linking cities and their
markets to rural production, to hinterlands, and to the
global economy;
(B) reduces economic distances; and
(C) strengthens the ability of cities to take
advantage of the resulting market opportunities and
ensures that urban and rural development policies are
integrated into a holistic approach that promotes
economic growth throughout the country.
(12) The 2006 National Security Strategy states,
``America's national interests and moral values drive us in the
same direction: to assist the world's poor citizens and least
developed nations and help integrate them into the global
economy.''.
(13) In his October 2009 remarks for World Habitat Day,
President Obama stated, ``My administration is committed to . .
. bolstering our metropolitan areas, the cities, suburban and
rural areas that are the engines of our economic growth. We are
investing in a clean energy sector that will generate new green
jobs, building affordable, energy efficient homes and promoting
more sustainable development so that we can meet the needs of
the present, for securing the future for our children and
grandchildren . . . That is why we are committed to working
with the United Nations and our partners around the world to
help more families find a safe and secure place to live.''.
(14) Target 11 of Goal 7 of the Millennium Development
Goals states, ``By 2020, to have achieved a significant
improvement in the lives of at least 100 million slum-
dwellers.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to recognize urban development, as an objective of
United States foreign policy, and overseas development
assistance, particularly programs that--
(A) foster improved urban governance, management,
and planning;
(B) increase land and real property tenure;
(C) promote the formal provision of, and access to,
essential urban services and infrastructure;
(D) expand access to basic shelter, affordable
urban housing;
(E) economically empower women and youth;
(F) promote civic participation and social
cohesion;
(G) respond to, and proactively prepare for,
environmental and climatic challenges;
(H) promote economic growth and alleviate poverty;
and
(I) expand the availability of financing for urban
housing and infrastructure;
(2) to prevent waste and duplication in the use of United
States overseas development assistance with respect to the
programs described in paragraph (1);
(3) to foster cooperative relations with foreign
governments, intergovernmental organizations, private
businesses, and nonprofit and community-based organizations
that support or implement programs similar to those described
in paragraph (1);
(4) to support innovative international mechanisms designed
to increase coordination and mutual complementarity in the
planning, financing, and implementation of sustainable urban
development policies and programs implemented by the United
States and other donors described in this section;
(5) to ensure access to--
(A) basic shelter and affordable housing,
particularly by residents of slums and informal
settlements and similar densely populated, impoverished
urban areas; and
(B) safe water and sanitation;
(6) to promote--
(A) the security of land and other real property
use, lease, and ownership rights;
(B) the legal recognition and protections of such
rights by all income groups;
(C) equitable and sustainable national land
policies; and
(D) enhanced land administration services,
including services for groups that--
(i) are socioeconomically vulnerable or
institutionally marginalized; or
(ii) are subject to discrimination,
including women, children, the poor, and people
living in urban slums and informal settlements;
and
(7) to support efforts to enhance the technical and
financial capacity of developing country governments, including
regional and municipal governments, to plan and manage urban
growth in transparent, participatory, and accountable manner.
SEC. 4. SUSTAINABLE URBAN DEVELOPMENT STRATEGY.
(a) In General.--The Administrator of the United States Agency for
International Development (referred to in this section as the
``USAID'') shall develop a strategy to foster sustainable urban
development in developing countries that updates the Making Cities Work
Urban Strategy.
(b) Consultation.--The strategy required under subsection (a)--
(1) shall be developed in consultation with other United
States Government agencies with relevant technical expertise or
policy mandates pertaining to urban development in foreign
countries; and
(2) shall draw upon best practices and successful models of
urban development undertaken or developed by international
intergovernmental organizations, international finance
institutions, recipient countries, United States and
international nongovernmental organizations, private sector
actors, and other appropriate entities.
(c) Content.--The strategy required under subsection (a) shall--
(1) review and assess existing or past United States
programs and foreign assistance strategies for developing
countries designed to improve urban development, including--
(A) increasing access to basic shelter, affordable
housing, and shared communal infrastructure;
(B) enhancing land tenure security;
(C) promoting environmentally sound urban
infrastructure and services;
(D) building capacity for municipal planning,
management, and governance;
(E) leveraging innovative financing for urban
investments;
(F) promoting gender equality and women's
empowerment; and
(G) promoting active participation of urban
dwellers in the planning and execution of urban
governance and social services programs;
(2) define short- and long-term objectives and performance
measures by which progress in urban development in foreign
countries should be measured;
(3) integrate United States programs and foreign assistance
strategies that address urban development and slums in
developing countries;
(4) integrate into the broader strategic foreign assistance
plans of the Department of State and the programs and
objectives of the United Stated Agency for International
Development related to urban development and slums;
(5) assess the feasibility of establishing, in the USAID, a
senior advisor for urban sustainable development, who would--
(A) provide--
(i) leadership for coordinated programming;
(ii) technical support for urban
development; and
(iii) dissemination of best practices with
policy and technical staff with experience and
expertise in urban planning and development;
(B) guide urban programming;
(C) help build the capacity of government officials
in developing countries to more effectively manage
urbanization; and
(D) encourage the organization and involvement of
local civil society, including collective and municipal
associations;
(6) evaluate options to leverage private sector
partnerships on issues related to housing, slum improvement,
and finance though--
(A) the Global Development Alliance of USAID and
the Global Partnerships Initiative of the Department of
State;
(B) the Overseas Private Investment Corporation;
(C) the Development Credit Authority;
(D) the Millennium Challenge Corporation; and
(E) other relevant initiatives;
(7) support a policy of United States Government
collaboration and coordination with other donors towards urban
development issues, including--
(A) working to achieve Target 4 of Goal 7 of the
Millennium Development Goals;
(B) supporting local development plans and
strategies;
(C) reviewing technical assistance and financial
resource needs for urban development programming;
(D) fostering greater program coordination among
donors; and
(E) disseminating best practices in urban planning
and development;
(8) assess the feasibility of establishing a pilot urban
strategies initiative that would--
(A) support, through technical and financial
assistance, a select number of cities in developing
countries by identifying, developing, and implementing
long-term sustainable urban development strategies to
provide a framework for future growth and development
in identified countries;
(B) provide support for such urban development
strategies through a variety of approaches, including
direct financial support, innovative financial
mechanisms, and private sector investment;
(C) raise critical global awareness of urban
development issues, including the emergence of mega-
cities and the increasing burdens placed on secondary
cities in developing countries; and
(D) fully integrate the needs of women, who are
often heads of households, yet do not have equitable
access to land, resources, or services;
(9) analyze approaches to improve environmental
sustainability in urban areas, while recognizing that
developing cities are facing severe environmental stress as a
result of the difficulties of expanding facilities fast enough
to keep up with rapidly growing populations and industrial
activity; and
(10) develop a plan for providing long-term United States
support for sustainable urban growth and development
initiatives in developing countries that--
(A) includes regular coordination between United
States Government agencies that have relevant technical
expertise or policy responsibilities, as appropriate,
including--
(i) the United States Agency for
International Development;
(ii) the Department of State;
(iii) the Millennium Challenge Corporation;
(iv) the Department of Housing and Urban
Development;
(v) the Department of the Treasury; and
(vi) the Overseas Private Investment
Corporation; and
(B) draws upon the available expertise of United
States-based city and regional elected officials and
professionals in--
(i) community, real estate, and banking
sectors;
(ii) major United States private
foundations, nongovernmental organizations, and
policy, education, and research organizations;
(iii) United Nations organizations; and
(iv) multilateral development banks.
(d) Report.--Not later than 12 months after the date of the
enactment of this Act, the Administrator shall submit a report to
Congress that includes the strategy required under this section. | Sustainable Urban Development Act of 2010 - Directs the Administrator of the United States Agency for International Development (USAID) to develop a strategy to foster sustainable urban development in developing countries that updates the Making Cities Work Urban Strategy.
Requires such strategy to: (1) review U.S. foreign assistance strategy and programs; (2) assess the feasibility of establishing a USAID senior advisor for urban sustainable development; (3) evaluate options to leverage private sector partnerships; (4) support U.S. government collaboration with other donors; (5) assess the feasibility of establishing a pilot urban strategies initiative; and (6) analyze approaches to improve environmental sustainability in urban areas. | A bill to direct the Administrator of the United States Agency for International Development to develop a strategy to foster sustainable urban development in developing countries that updates the Making Cities Work Urban Strategy. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Gains Inflation Relief
Act''.
SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR
LOSS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basis rules of general
application) is amended by redesignating section 1023 as section 1024
and by inserting after section 1022 the following new section:
``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Solely
for purposes of determining gain or loss on the sale or other
disposition by a taxpayer (other than a corporation) of an
indexed asset which has been held for more than 3 years, the
indexed basis of the asset shall be substituted for its
adjusted basis.
``(2) Exception for depreciation, etc.--The deductions for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(3) Written documentation requirement.--Paragraph (1)
shall apply only with respect to indexed assets for which the
taxpayer has written documentation of the original purchase
price paid or incurred by the taxpayer to acquire such asset.
``(b) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) common stock in a C corporation (other than a
foreign corporation), or
``(B) tangible property,
which is a capital asset or property used in the trade or
business (as defined in section 1231(b)).
``(2) Stock in certain foreign corporations included.--For
purposes of this section--
``(A) In general.--The term `indexed asset'
includes common stock in a foreign corporation which is
regularly traded on an established securities market.
``(B) Exceptions.--Subparagraph (A) shall not apply
to--
``(i) stock in a passive foreign investment
company (as defined in section 1297), and
``(ii) stock in a foreign corporation held
by a United States person who meets the
requirements of section 1248(a)(2).
``(C) Treatment of american depository receipts.--
An American depository receipt for common stock in a
foreign corporation shall be treated as common stock in
such corporation.
``(c) Indexed Basis.--For purposes of this section--
``(1) General rule.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, increased by
``(B) the applicable inflation adjustment.
``(2) Applicable inflation adjustment.--The applicable
inflation adjustment for any asset is an amount equal to--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the percentage (if any) by which--
``(i) the gross domestic product deflator
for the last calendar quarter ending before the
asset is disposed of, exceeds
``(ii) the gross domestic product deflator
for the last calendar quarter ending before the
asset was acquired by the taxpayer.
The percentage under subparagraph (B) shall be rounded to the
nearest \1/10\ of 1 percentage point.
``(3) Gross domestic product deflator.--The gross domestic
product deflator for any calendar quarter is the implicit price
deflator for the gross domestic product for such quarter (as
shown in the last revision thereof released by the Secretary of
Commerce before the close of the following calendar quarter).
``(d) Suspension of Holding Period Where Diminished Risk of Loss;
Treatment of Short Sales.--
``(1) In general.--If the taxpayer (or a related person)
enters into any transaction which substantially reduces the
risk of loss from holding any asset, such asset shall not be
treated as an indexed asset for the period of such reduced
risk.
``(2) Short sales.--
``(A) In general.--In the case of a short sale of
an indexed asset with a short sale period in excess of
3 years, for purposes of this title, the amount
realized shall be an amount equal to the amount
realized (determined without regard to this paragraph)
increased by the applicable inflation adjustment. In
applying subsection (c)(2) for purposes of the
preceding sentence, the date on which the property is
sold short shall be treated as the date of acquisition
and the closing date for the sale shall be treated as
the date of disposition.
``(B) Short sale period.--For purposes of
subparagraph (A), the short sale period begins on the
day that the property is sold and ends on the closing
date for the sale.
``(e) Treatment of Regulated Investment Companies and Real Estate
Investment Trusts.--
``(1) Adjustments at entity level.--
``(A) In general.--Except as otherwise provided in
this paragraph, the adjustment under subsection (a)
shall be allowed to any qualified investment entity
(including for purposes of determining the earnings and
profits of such entity).
``(B) Exception for corporate shareholders.--Under
regulations--
``(i) in the case of a distribution by a
qualified investment entity (directly or
indirectly) to a corporation--
``(I) the determination of whether
such distribution is a dividend shall
be made without regard to this section,
and
``(II) the amount treated as gain
by reason of the receipt of any capital
gain dividend shall be increased by the
percentage by which the entity's net
capital gain for the taxable year
(determined without regard to this
section) exceeds the entity's net
capital gain for such year determined
with regard to this section, and
``(ii) there shall be other appropriate
adjustments (including deemed distributions) so
as to ensure that the benefits of this section
are not allowed (directly or indirectly) to
corporate shareholders of qualified investment
entities.
For purposes of the preceding sentence, any amount
includible in gross income under section 852(b)(3)(D)
shall be treated as a capital gain dividend and an S
corporation shall not be treated as a corporation.
``(C) Exception for qualification purposes.--This
section shall not apply for purposes of sections 851(b)
and 856(c).
``(D) Exception for certain taxes imposed at entity
level.--
``(i) Tax on failure to distribute entire
gain.--If any amount is subject to tax under
section 852(b)(3)(A) for any taxable year, the
amount on which tax is imposed under such
section shall be increased by the percentage
determined under subparagraph (B)(i)(II). A
similar rule shall apply in the case of any
amount subject to tax under paragraph (1) of
section 857(b) to the extent attributable to
the excess of the net capital gain over the
deduction for dividends paid determined with
reference to capital gain dividends only. The
first sentence of this clause shall not apply
to so much of the amount subject to tax under
section 852(b)(3)(A) as is designated by the
company under section 852(b)(3)(D).
``(ii) Other taxes.--This section shall not
apply for purposes of determining the amount of
any tax imposed by paragraph (4), (5), or (6)
of section 857(b).
``(2) Adjustments to interests held in entity.--
``(A) Regulated investment companies.--Stock in a
regulated investment company (within the meaning of
section 851) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the average of the fair market values
of the indexed assets held by such company at
the close of each month during such quarter,
bears to
``(ii) the average of the fair market
values of all assets held by such company at
the close of each such month.
``(B) Real estate investment trusts.--Stock in a
real estate investment trust (within the meaning of
section 856) shall be an indexed asset for any calendar
quarter in the same ratio as--
``(i) the fair market value of the indexed
assets held by such trust at the close of such
quarter, bears to
``(ii) the fair market value of all assets
held by such trust at the close of such
quarter.
``(C) Ratio of 80 percent or more.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 80
percent or more, such ratio for such quarter shall be
100 percent.
``(D) Ratio of 20 percent or less.--If the ratio
for any calendar quarter determined under subparagraph
(A) or (B) would (but for this subparagraph) be 20
percent or less, such ratio for such quarter shall be
zero.
``(E) Look-thru of partnerships.--For purposes of
this paragraph, a qualified investment entity which
holds a partnership interest shall be treated (in lieu
of holding a partnership interest) as holding its
proportionate share of the assets held by the
partnership.
``(3) Treatment of return of capital distributions.--Except
as otherwise provided by the Secretary, a distribution with
respect to stock in a qualified investment entity which is not
a dividend and which results in a reduction in the adjusted
basis of such stock shall be treated as allocable to stock
acquired by the taxpayer in the order in which such stock was
acquired.
``(4) Qualified investment entity.--For purposes of this
subsection, the term `qualified investment entity' means--
``(A) a regulated investment company (within the
meaning of section 851), and
``(B) a real estate investment trust (within the
meaning of section 856).
``(f) Other Pass-Thru Entities.--
``(1) Partnerships.--
``(A) In general.--In the case of a partnership,
the adjustment made under subsection (a) at the
partnership level shall be passed through to the
partners.
``(B) Special rule in the case of section 754
elections.--In the case of a transfer of an interest in
a partnership with respect to which the election
provided in section 754 is in effect--
``(i) the adjustment under section
743(b)(1) shall, with respect to the transferor
partner, be treated as a sale of the
partnership assets for purposes of applying
this section, and
``(ii) with respect to the transferee
partner, the partnership's holding period for
purposes of this section in such assets shall
be treated as beginning on the date of such
adjustment.
``(2) S corporations.--In the case of an S corporation, the
adjustment made under subsection (a) at the corporate level
shall be passed through to the shareholders. This section shall
not apply for purposes of determining the amount of any tax
imposed by section 1374 or 1375.
``(3) Common trust funds.--In the case of a common trust
fund, the adjustment made under subsection (a) at the trust
level shall be passed through to the participants.
``(4) Indexing adjustment disregarded in determining loss
on sale of interest in entity.--Notwithstanding the preceding
provisions of this subsection, for purposes of determining the
amount of any loss on a sale or exchange of an interest in a
partnership, S corporation, or common trust fund, the
adjustment made under subsection (a) shall not be taken into
account in determining the adjusted basis of such interest.
``(g) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(h) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
``(i) Special Rules.--For purposes of this section--
``(1) Treatment of improvements, etc.--If there is an
addition to the adjusted basis of any tangible property or of
any stock in a corporation during the taxable year by reason of
an improvement to such property or a contribution to capital of
such corporation--
``(A) such addition shall never be taken into
account under subsection (c)(1)(A) if the aggregate
amount thereof during the taxable year with respect to
such property or stock is less than $1,000, and
``(B) such addition shall be treated as a separate
asset acquired at the close of such taxable year if the
aggregate amount thereof during the taxable year with
respect to such property or stock is $1,000 or more.
A rule similar to the rule of the preceding sentence shall
apply to any other portion of an asset to the extent that
separate treatment of such portion is appropriate to carry out
the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--The applicable inflation adjustment shall be
appropriately reduced for periods during which the asset was
not an indexed asset.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(j) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 1023 and by inserting
after the item relating to section 1022 the following new items:
``Sec. 1023. Indexing of certain assets for purposes of determining
gain or loss.
``Sec. 1024. Cross references.''.
(c) Effective Date.--The amendments made by this section shall
apply to indexed assets acquired by the taxpayer after December 31,
2018, in taxable years ending after such date. | Capital Gains Inflation Relief Act This bill amends the Internal Revenue Code to allow the adjusted basis of certain assets (including common stock in a C corporation and tangible property used in a trade or business) to be indexed for inflation for the purpose of determining the gain or loss of a taxpayer (other than a corporation) who has held the asset for more than three years. The bill sets forth rules for applying the inflation adjustment to: short sales; regulated investment companies; real estate investment trusts; other pass-through entities, including partnerships, S corporations, and common trust funds; dispositions between related persons; and improvements to property or contributions of capital. The Internal Revenue Service may disallow an adjustment if any person transfers cash, debt, or any other property to another person for the principal purpose of securing or increasing the adjustment allowed by this bill. | Capital Gains Inflation Relief Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Contraception Education
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Each year 3,000,000 pregnancies, or one-half of all
pregnancies, in the United States are unintended, and 4 in 10
of these unintended pregnancies end in abortion.
(2) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy for women of reproductive potential and has approved
over-the-counter access to the emergency contraceptive Plan B
for adults.
(3) The most commonly used forms of emergency contraception
are regimens of ordinary birth control pills. Taken within 72
hours of unprotected intercourse or contraceptive failure,
emergency contraception can reduce the risk of pregnancy by as
much as 89 percent. Recent medical evidence confirms that
emergency contraception can be effective up to 5 days after
unprotected intercourse or contraception failure.
(4) Emergency contraception, also known as postcoital
contraception, is a responsible means of preventing pregnancy
that works like other hormonal contraception by delaying
ovulation preventing fertilization and may prevent
implantation.
(5) Emergency contraception does not cause abortion and
will not affect an established pregnancy.
(6) Increased usage of emergency contraception could reduce
the number of unintended pregnancies, thereby reducing the need
for abortion.
(7) Emergency contraceptive use in the United States
remains low, and 1 in 3 women of reproductive age remain
unaware of the method.
(8) Although the American College of Obstetricians and
Gynecologists recommends that doctors routinely discuss
emergency contraception with women of reproductive age during
their annual visit, only 1 in 4 obstetricians/gynecologists
routinely discuss emergency contraception with their patients,
suggesting the need for greater provider and patient education.
(9) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest, half of whom
choose to terminate their pregnancy. If used correctly,
emergency contraception could help many of these rape survivors
avoid the additional trauma of facing an unintended pregnancy.
(10) A recent study conducted by Ibis Reproductive Health
found that less than 18 percent of hospitals provide emergency
contraception at a woman's request without restrictions. At
nearly 50 percent of hospitals, emergency contraception is
unavailable even in cases of sexual assault.
(11) In light of their safety and efficacy, both the
American Medical Association and the American College of
Obstetricians and Gynecologists have endorsed more widespread
availability of emergency contraceptive.
(12) Healthy People 2010, published by the Office of the
Surgeon General, establishes a 10-year national public health
goal of increasing the proportion of health care providers who
provide emergency contraception to their patients.
(13) Public awareness campaigns targeting women and health
care providers will help remove many of the barriers to
emergency contraception and will help bring this important
means of pregnancy prevention to women in the United States.
SEC. 3. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS.
(a) Emergency Contraception Public Education Program.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
develop and disseminate to the public information on emergency
contraception.
(2) Dissemination.--The Secretary may disseminate
information under paragraph (1) directly or through
arrangements with nonprofit organizations, consumer groups,
institutions of higher education, clinics, the media, and
Federal, State, and local agencies.
(3) Information.--The information disseminated under
paragraph (1) shall include, at a minimum, a description of
emergency contraception and an explanation of the use, safety,
efficacy, and availability of such contraception.
(b) Emergency Contraception Information Program for Health Care
Providers.--
(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and in consultation with major medical and
public health organizations, shall develop and disseminate to
health care providers information on emergency contraception.
(2) Information.--The information disseminated under
paragraph (1) shall include, at a minimum--
(A) information describing the use, safety,
efficacy, and availability of emergency contraception;
(B) a recommendation regarding the use of such
contraception in appropriate cases; and
(C) information explaining how to obtain copies of
the information developed under subsection (a) for
distribution to the patients of the providers.
(c) Definitions.--For purposes of this section:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug or device (as the terms are
defined in section 201 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321)) or a drug regimen that--
(A) is used postcoitally;
(B) prevents pregnancy by preventing ovulation or
fertilization of an egg or may prevent the implantation
of an egg in a uterus; and
(C) is approved by the Food and Drug
Administration.
(2) Health care provider.--The term ``health care
provider'' means an individual who is licensed or certified
under State law to provide health care services and who is
operating within the scope of such license. Such term shall
include a pharmacist.
(3) Institution of higher education.--The term
``institution of higher education'' has the same meaning given
such term in section 1201(a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2008 through 2012. | Emergency Contraception Education Act of 2007 - Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information on emergency contraception, including, at a minimum, a description of emergency contraception and an explanation of the use, safety, efficacy, and availability of such contraception.
Requires that the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to develop and disseminate to health care providers, including pharmacists, information on emergency contraception that includes, at a minimum: (1) information describing the use, safety, efficacy, and availability of emergency contraception; (2) a recommendation regarding its use in appropriate cases; and (3) information explaining how to obtain copies of information from the CDC. | A bill to establish a public education and awareness program relating to emergency contraception. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Access for America's
Soldiers Act of 2003''.
SEC. 2. OPPORTUNITY FOR ACTIVE-DUTY PERSONNEL TO ENROLL UNDER THE
MONTGOMERY GI BILL.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by inserting after section 3018C the following new section:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
``(a)(1) Notwithstanding any other provision of this chapter,
during the one-year period beginning on the date of the enactment of
this section, a qualified individual (described in subsection (b)) may
make an irrevocable election under this section to become entitled to
basic educational assistance under this chapter.
``(2) The Secretary of each military department shall provide for
procedures for a qualified individual to make an irrevocable election
under this section in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this section or
which the Secretary of Homeland Security shall provide for such purpose
with respect to the Coast Guard when it is not operating as a service
in the Navy.
``(b) A qualified individual referred to in subsection (a) is an
individual who meets each of the following requirements:
``(1) The individual first became a member of the Armed
Forces or first entered on active duty as a member of the Armed
Forces before, on, or after July 1, 1985.
``(2) The individual has served on active duty without a
break in service since the date the individual first became
such a member or first entered on active duty as such a member
and continues to serve on active duty for some or all of the
one-year period referred to in subsection (a).
``(3) The individual, before applying for benefits under
this section, has completed the requirements of a secondary
school diploma (or equivalency certificate) or has successfully
completed (or otherwise received academic credit for) the
equivalent of 12 semester hours in a program of education
leading to a standard college degree.
``(4) The individual, when discharged or released from
active duty, is discharged or released therefrom with an
honorable discharge.
``(c)(1) Subject to the succeeding provisions of this subsection,
with respect to a qualified individual who makes an election under this
section to become entitled to basic educational assistance under this
chapter--
``(A) the basic pay of the qualified individual shall be
reduced (in a manner determined by the Secretary concerned)
until the total amount by which such basic pay is reduced is
$2,700; and
``(B) to the extent that basic pay is not so reduced before
the qualified individual's discharge or release from active
duty as specified in subsection (b)(4), at the election of the
qualified individual--
``(i) the Secretary concerned shall collect from
the qualified individual; or
``(ii) the Secretary concerned shall reduce the
retired or retainer pay of the qualified individual by,
an amount equal to the difference between $2,700 and the total
amount of reductions under subparagraph (A), which shall be
paid into the Treasury of the United States as miscellaneous
receipts.
``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an
election under this section, for the qualified individual to pay that
Secretary the amount due under paragraph (1).
``(B) Nothing in subparagraph (A) shall be construed as modifying
the period of eligibility for and entitlement to basic educational
assistance under this chapter applicable under section 3031 of this
title.
``(d) With respect to qualified individuals referred to in
subsection (c)(1)(B), no amount of educational assistance allowance
under this chapter shall be paid to the qualified individual until the
earlier of the date on which--
``(1) the Secretary concerned collects the applicable
amount under clause (i) of such subsection; or
``(2) the retired or retainer pay of the qualified
individual is first reduced under clause (ii) of such
subsection.
``(e) The Secretary, in conjunction with the Secretary of Defense,
shall provide for notice of the opportunity under this section to elect
to become entitled to basic educational assistance under this
chapter.''.
(b) Conforming Amendments.--Section 3017(b)(1) of such title is
amended--
(1) in subparagraphs (A) and (C), by striking ``or
3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
(2) in subparagraph (B), by inserting ``or 3018D(c)'' after
``under section 3018C(e)''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title is amended by inserting after the item
relating to section 3018C the following new item:
``3018D. Opportunity for certain active-duty personnel to enroll.''. | Educational Access for America's Soldiers Act of 2003 - Authorizes an individual, during the year following enactment of this Act, to make an irrevocable election for entitlement to basic educational assistance under the Montgomery GI Bill if such individual: (1) first became a member of the armed forces or entered active duty before, on, or after July 1, 1985; (2) has served on active duty without a break in service and continues to serve for some or all of the year before enactment of this Act; (3) has completed requirements of a secondary school diploma or the equivalent of 12 semester hours in a program leading to a standard college degree; and (4) is discharged or released from active duty honorably.Requires such individual's basic pay to be reduced, over an 18-month period, until the total reduction is $2,700, as a contribution toward such educational assistance. | To amend title 38, United States Code, to provide for any servicemember who did not enroll for the program of educational assistance under the Montgomery GI Bill an opportunity to enroll for that program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacy Education Aid Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Pharmacists are an important link in our Nation's
health care system. A critical shortage of pharmacists is
threatening the ability of pharmacies to continue to provide
important prescription related services.
(2) In the landmark report entitled ``To Err is Human:
Building a Safer Health System'', the Institute of Medicine
reported that medication errors can be partially attributed to
factors that are indicative of a shortage of pharmacists (such
as too many customers, numerous distractions, and staff
shortages).
(3) Congress acknowledged in the Healthcare Research and
Quality Act of 1999 (Public Law 106-129) a growing demand for
pharmacists by requiring the Secretary of Health and Human
Services to conduct a study to determine whether there is a
shortage of pharmacists in the United States and, if so, to
what extent.
(4) As a result of Congress' concern about how a shortage
of pharmacists would impact the public health, the Secretary of
Health and Human Services published a report entitled ``The
Pharmacist Workforce: A Study in Supply and Demand for
Pharmacists'' in December of 2000.
(5) ``The Pharmacist Workforce: A Study in Supply and
Demand for Pharmacists'' found that ``While the overall supply
of pharmacists has increased in the past decade, there has been
an unprecedented demand for pharmacists and for pharmaceutical
care services, which has not been met by the currently
available supply'' and that the ``evidence clearly indicates
the emergence of a shortage of pharmacists over the past two
years''.
(6) The same study also found that ``The factors causing
the current shortage are of a nature not likely to abate in the
near future without fundamental changes in pharmacy practice
and education.'' The study projects that the number of
prescriptions filled by community pharmacists will increase by
20 percent by 2004. In contrast, the number of community
pharmacists is expected to increase by only 6 percent by 2005.
(7) Regarding access to pharmacy services in rural areas,
the study found that ``Remoteness, isolation from other
professionals, lower economic returns, reduced opportunities
for advancement, and other rural practice characteristics
remain obstacles'' to attracting pharmacists.
(8) The demand for pharmacists will increase as
prescription drug use continues to grow.
SEC. 3. HEALTH PROFESSIONS PROGRAMS RELATED TO THE PRACTICE OF
PHARMACY.
Part E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following:
``Subpart 3--Pharmacy Workforce Development
``SEC. 781. LOAN REPAYMENT PROGRAM FOR PHARMACISTS SERVING IN CRITICAL
SHORTAGE FACILITIES.
``(a) In General.--In the case of any individual--
``(1) who has received a baccalaureate degree in pharmacy
or a Doctor of Pharmacy degree from an accredited program;
``(2) who obtained an educational loan for pharmacy
education costs; and
``(3) who is licensed without restrictions in the State in
which the designated health care facility is located;
the Secretary may enter into an agreement with such individual who
agrees to serve as a full-time pharmacist for a period of not less than
2 years at a designated health care facility, to make payments in
accordance with subsection (b), for and on behalf of that individual,
on the principal of and interest on any loan of that individual
described in paragraph (2) which is outstanding on the date the
individual begins such service.
``(b) Manner of Payments.--
``(1) In general.--The payments described in subsection (a)
may consist of payment, in accordance with paragraph (2), on
behalf of the individual of the principal, interest, and
related expenses on government and commercial loans received by
the individual regarding the undergraduate or graduate
education of the individual (or both), which loans were made
for--
``(A) tuition expenses;
``(B) all other reasonable educational expenses,
including fees, books, and laboratory expenses,
incurred by the individual; or
``(C) reasonable living expenses as determined by
the Secretary.
``(2) Payments for years served.--
``(A) In general.--For each year of obligated
service that an individual contracts to serve under
subsection (a) the Secretary may pay up to $35,000 on
behalf of the individual for loans described in
paragraph (1). In making a determination of the amount
to pay for a year of such service by an individual, the
Secretary shall consider the extent to which each such
determination--
``(i) affects the ability of the Secretary
to maximize the number of agreements that may
be provided under this section from the amounts
appropriated for such agreements;
``(ii) provides an incentive to serve in
areas with the greatest shortages of
pharmacists; and
``(iii) provides an incentive with respect
to the pharmacist involved remaining in the
area and continuing to provide pharmacy
services after the completion of the period of
obligated service under agreement.
``(B) Repayment schedule.--Any arrangement made by
the Secretary for the making of loan repayments in
accordance with this subsection shall provide that any
repayments for a year of obligated service shall be
made not later than the end of the fiscal year in which
the individual completes such year of service.
``(3) Tax liability.--For the purpose of providing
reimbursements for tax liability resulting from payments under
paragraph (2) on behalf of an individual--
``(A) the Secretary shall, in addition to such
payments, make payments to the individual in an amount
equal to 39 percent of the total amount of loan
repayments made for the taxable year involved; and
``(B) may make such additional payments as the
Secretary determines to be appropriate with respect to
such purpose.
``(4) Payment schedule.--The Secretary may enter into an
agreement with the holder of any loan for which payments are
made under this section to establish a schedule for the making
of such payments.
``(c) Preferences.--In entering into agreements under subsection
(a), the Secretary shall give preference to qualified applicants with
the greatest financial need.
``(d) Reports.--
``(1) Annual report.--Not later than 18 months after the
date of enactment of the Pharmacy Education Aid Act, and
annually thereafter, the Secretary shall prepare and submit to
Congress a report describing the program carried out under this
section, including statements regarding--
``(A) the number of applicants and contract
recipients;
``(B) the amount of loan repayments made;
``(C) which educational institution the recipients
attended;
``(D) the number and practice locations of the loan
repayment recipients at health care facilities with a
critical shortage of pharmacists;
``(E) the default rate and actions required;
``(F) the amount of outstanding default funds of
the loan repayment program;
``(G) to the extent that it can be determined, the
reason for the default;
``(H) the demographics of the individuals
participating in the loan repayment program; and
``(I) an evaluation of the overall costs and
benefits of the program.
``(2) 5-year report.--Not later than 5 years after the date
of enactment of the Pharmacy Education Aid Act, the Secretary
shall prepare and submit to Congress a report on how the
program carried out under this section interacts with other
Federal loan repayment programs for pharmacists and determining
the relative effectiveness of such programs in increasing
pharmacists practicing in underserved areas.
``(e) Application of Certain Provisions.--
``(1) In general.--The provisions of section 338C, 338G,
and 338I shall apply to the program established under this
section in the same manner and to the same extent as such
provisions apply to the National Health Service Corps Loan
Repayment Program under subpart III of part D of title III,
including the applicability of provisions regarding
reimbursements for increased tax liability and bankruptcy.
``(2) Breach of agreement.--An individual who enters into
an agreement under subsection (a) shall be liable to the
Federal Government for the amount of the award under such
agreement (including amounts provided for expenses related to
such attendance), and for interest on such amount at the
maximum legal prevailing rate, if the individual fails to
provide health services in accordance with the program under
this section for the period of time applicable under the
program.
``(3) Waiver or suspension of liability.--In the case of an
individual or health facility making an agreement for purposes
of subsection (a), the Secretary shall provide for the waiver
or suspension of liability under paragraph (2) if compliance by
the individual or the health facility, as the case may be, with
the agreement involved is impossible, or would involve extreme
hardship to the individual or facility, and if enforcement of
the agreements with respect to the individual or facility would
be unconscionable.
``(4) Date certain for recovery.--Subject to paragraph (3),
any amount that the Federal Government is entitled to recover
under paragraph (2) shall be paid to the United States not
later than the expiration of the 3-year period beginning on the
date the United States becomes so entitled.
``(5) Availability.--Amounts recovered under paragraph (2)
with respect to a program under this section shall be available
for the purposes of such program, and shall remain available
for such purposes until expended.
``(f) Definition.--In this section, the term `health care facility'
means a facility with a critical shortage of pharmacists as determined
by the Secretary.
``(g) Authorization of Appropriations.--For the purpose of payments
under agreements entered into under subsection (a), there are
authorized to be appropriated such sums as may be necessary for each of
fiscal years 2004 through 2008.
``SEC. 782. PHARMACY FACULTY LOAN REPAYMENT PROGRAM.
``(a) Establishment of Program.--The Secretary shall establish a
program under which the Secretary will enter into contracts with
individuals described in subsection (b) and such individuals will agree
to serve as faculty members of schools of pharmacy in consideration of
the Federal Government agreeing to pay, for each year of such service,
not more than $35,000 of the principal and interest of the educational
loans of such individuals.
``(b) Eligible Individuals.--An individual is described in this
subsection if such individual--
``(1) has a baccalaureate degree in pharmacy or a Doctor of
Pharmacy degree from an accredited program; or
``(2) is enrolled as a full-time student--
``(A) in an accredited pharmacy program; and
``(B) in the final year of a course of a study or
program, offered by such institution and approved by
the Secretary, leading to a baccalaureate degree in
pharmacy or a Doctor of Pharmacy degree from such a
school.
``(c) Requirements Regarding Faculty Positions.--The Secretary may
not enter into a contract under subsection (a) unless--
``(1) the individual involved has entered into a contract
with a school of pharmacy to serve as a member of the faculty
of the school for not less than 2 years; and
``(2) the contract referred to in paragraph (1) provides
that--
``(A) the school will, for each year for which the
individual will serve as a member of the faculty under
contract with the school, make payments of the
principal and interest due on the educational loans of
the individual for such year in an amount equal to the
amount of such payments made by the Secretary for the
year;
``(B) the payments made by the school pursuant to
subparagraph (A) on behalf of the individual will be in
addition to the compensation that the individual would
otherwise receive for serving as a member of such
faculty; and
``(C) the school, in making a determination of the
amount of compensation to be provided by the school to
the individual for serving as a member of the faculty,
will make the determination without regard to the
amount of payments made (or to be made) to the
individual by the Federal Government under subsection
(a).
``(d) Applicability of Certain Provisions.--The provisions of
sections 338C, 338G, and 338I shall apply to the program established in
subsection (a) to the same extent and in the same manner as such
provisions apply to the National Health Service Corps Loan Repayment
Program established in subpart III of part D of title III, including
the applicability of provisions regarding reimbursements for increased
tax liability and regarding bankruptcy.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2004 through 2008.
``SEC. 783. DEFINITIONS.
``In this subpart:
``(1) School of pharmacy.--The term `school of pharmacy'
means a college or school of pharmacy (as defined in section
799B) that, in providing clinical experience for students,
requires that the students serve in a clinical rotation in
which pharmacist services (as defined in section 331(a)(3)(E))
are provided at or for--
``(A) a medical facility that serves a substantial
number of individuals who reside in or are members of a
medically underserved community (as so defined);
``(B) an entity described in any of subparagraphs
(A) through (L) of section 340B(a)(4) (relating to the
definition of covered entity);
``(C) a health care facility of the Department of
Veterans Affairs or of any of the Armed Forces of the
United States;
``(D) a health care facility of the Bureau of
Prisons;
``(E) a health care facility operated by, or with
funds received from, the Indian Health Service; or
``(F) a disproportionate share hospital under
section 1923 of the Social Security Act.
``(2) Pharmacist services.--The term `pharmacist services'
includes drug therapy management services furnished by a
pharmacist, individually or on behalf of a pharmacy provider,
and such services and supplies furnished incident to the
pharmacist's drug therapy management services, that the
pharmacist is legally authorized to perform (in the State in
which the individual performs such services) in accordance with
State law (or the State regulatory mechanism provided for by
State law).''.
Passed the Senate November 25, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Pharmacy Education Aid Act of 2003 - (Sec. 3) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to make payments of up to $35,000 on behalf of a qualifying individual with a baccalaureate or doctorate pharmacy degree and a license to practice for the repayment of pharmacy education loans for each year (two-year minimum) that the individual serves in a health care facility with a critical shortage of pharmacists.
Provides for: (1) additional tax liability payments; (2) financial need preference; (3) Federal repayment by an individual who fails to provide the required health services, unless otherwise waived by the Secretary; and (4) a program report within five years of enactment of this Act.
Authorizes FY 2004 through 2008 appropriations.
Directs the Secretary to make payments of up to $35,000 on behalf of a qualifying individual with a baccalaureate or doctorate pharmacy degree or in the final year of such study for the repayment of pharmacy educational loans for each year (two-year minimum) that such person serves as a faculty member at a school of pharmacy which provides assistance to: (1) medically underserved areas; (2) prisons; (3) veterans or the armed forces; (4) the Indian Health Service; or (5) a disproportionate share hospital under the Social Security Act. States that such payments shall be in addition to regular faculty compensation.
Authorizes FY 2004 through 2008 appropriations. | A bill to amend the Public Health Service Act with respect to health professions programs regarding the practice of pharmacy. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Privacy Enhancement Act of
1998''.
SEC. 2. COMMERCE IN ELECTRONIC EAVESDROPPING DEVICES.
(a) Prohibition on Modification.--Section 302(b) of the
Communications Act of 1934 (47 U.S.C. 302a(b)) is amended by inserting
before the period at the end thereof the following: ``, or modify any
such device, equipment, or system in any manner that causes such
device, equipment, or system to fail to comply with such regulations''.
(b) Prohibition on Commerce in Scanning Receivers.--Section 302(d)
of such Act (47 U.S.C. 302a(d)) is amended to read as follows:
``(d) Equipment Authorization Regulations.--
``(1) Privacy protections required.--The Commission shall
prescribe regulations, and review and revise such regulations
as necessary in response to subsequent changes in technology or
behavior, denying equipment authorization (under part 15 of
title 47, Code of Federal Regulations, or any other part of
that title) for any scanning receiver that is capable of--
``(A) receiving transmissions in the frequencies
that are allocated to the domestic cellular radio
telecommunications service or the personal
communications service;
``(B) readily being altered to receive
transmissions in such frequencies;
``(C) being equipped with decoders that--
``(i) convert digital domestic cellular
radio telecommunications service, personal
communications service, or protected
specialized mobile radio service transmissions
to analog voice audio; or
``(ii) convert protected paging service
transmissions to alphanumeric text; or
``(D) being equipped with devices that otherwise
decode encrypted radio transmissions for the purposes
of unauthorized interception.
``(2) Privacy protections for shared frequencies.--The
Commission shall, with respect to scanning receivers capable of
receiving transmissions in frequencies that are used by
commercial mobile services and that are shared by public safety
users, examine methods, and may prescribe such regulations as
may be necessary, to enhance the privacy of users of such
frequencies.
``(3) Tampering prevention.--In prescribing regulations
pursuant to paragraph (1), the Commission shall consider
defining `capable of readily being altered' to require scanning
receivers to be manufactured in a manner that effectively
precludes alteration of equipment features and functions as
necessary to prevent commerce in devices that may be used
unlawfully to intercept or divulge radio communication.
``(4) Warning labels.--In prescribing regulations under
paragraph (1), the Commission shall consider requiring labels
on scanning receivers warning of the prohibitions in Federal
law on intentionally intercepting or divulging radio
communications.
``(5) Definitions.--As used in this subsection, the term
`protected' means secured by an electronic method that is not
published or disclosed except to authorized users, as further
defined by Commission regulation.''.
(c) Implementing Regulations.--Within 90 days after the date of
enactment of this Act, the Federal Communications Commission shall
prescribe amendments to its regulations for the purposes of
implementing the amendments made by this section.
SEC. 3. UNAUTHORIZED INTERCEPTION OR PUBLICATION OF COMMUNICATIONS.
Section 705 of the Communications Act of 1934 (47 U.S.C. 605) is
amended--
(1) in the heading of such section, by inserting
``interception or'' after ``unauthorized'';
(2) in the first sentence of subsection (a), by striking
``Except as authorized by chapter 119, title 18, United States
Code, no person'' and inserting ``No person'';
(3) in the second sentence of subsection (a)--
(A) by inserting ``intentionally'' before
``intercept''; and
(B) by striking ``and divulge'' and inserting ``or
divulge'';
(4) by striking the last sentence of subsection (a) and
inserting the following: ``Nothing in this subsection prohibits
an interception or disclosure of a communication as authorized
by chapter 119 of title 18, United States Code.'';
(5) in subsection (e)(1)--
(A) by striking ``fined not more than $2,000 or'';
and
(B) by inserting ``or fined under title 18, United
States Code,'' after ``6 months,''; and
(6) in subsection (e)(3), by striking ``any violation'' and
inserting ``any receipt, interception, divulgence, publication,
or utilization of any communication in violation'';
(7) in subsection (e)(4), by striking ``any other activity
prohibited by subsection (a)'' and inserting ``any receipt,
interception, divulgence, publication, or utilization of any
communication in violation of subsection (a)''; and
(8) by adding at the end of subsection (e) the following
new paragraph:
``(7) Notwithstanding any other investigative or enforcement
activities of any other Federal agency, the Commission shall
investigate alleged violations of this section and may proceed to
initiate action under section 503 of this Act to impose forfeiture
penalties with respect to such violation upon conclusion of the
Commission's investigation.''.
Passed the House of Representatives March 5, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Wireless Privacy Enhancement Act of 1998 - Amends the Communications Act of 1934 to prohibit modifying any electronic communication device, equipment, or system in a manner which causes it to fail to comply with regulations governing electronic eavesdropping devices. Directs the Federal Communications Commission (FCC) to prescribe regulations (and review and revise them when necessary in response to changes in technology and behavior) denying equipment authorization for any scanning receiver capable of: (1) receiving transmissions in frequencies allocated to the domestic cellular or personal communications service; (2) being readily altered to receive such transmissions; (3) being equipped with decoders that convert domestic cellular or personal communications service or protected specialized mobile radio service transmissions to analog voice audio, or which convert protected paging service transmissions to alphanumeric text; or (4) being equipped with devices that otherwise encode encrypted radio transmissions for purposes of unauthorized interception. Directs the FCC, with respect to scanning receivers capable of receiving transmissions in frequencies used by commercial mobile services and that are shared by public safety users, to examine methods and prescribe regulations to enhance the privacy of users of such frequencies. Requires tampering prevention measures and warning labels to be considered by the FCC in prescribing such regulations. Applies penalties for the unauthorized publication or use of electronic communications to the unauthorized receipt, intentional interception, or divulgence of any such communication. Directs the FCC to investigate alleged violations and proceed to initiate action to impose forfeiture penalties. | Wireless Privacy Enhancement Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greens Creek Land Exchange Act of
1995''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act
established the Admiralty Island National Monument and sections 503
and 504 of that Act provided special provisions under which the
Greens Creek Claims would be developed. The provisions supplemented
the general mining laws under which these claims were staked.
(2) The Kennecott Greens Creek Mining Company, Inc., currently
holds title to the Greens Creek Claims, and the area surrounding
these claims has further mineral potential which is yet unexplored.
(3) Negotiations between the United States Forest Service and
the Kennecott Greens Creek Mining Company, Inc., have resulted in
an agreement by which the area surrounding the Greens Creek Claims
could be explored and developed under terms and conditions
consistent with the protection of the values of the Admiralty
Island National Monument.
(4) The full effectuation of the Agreement, by its terms,
requires the approval and ratification by Congress.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``Agreement'' means the document entitled the
``Greens Creek Land Exchange Agreement'' executed on December 14,
1994, by the Under Secretary of Agriculture for Natural Resources
and Environment on behalf of the United States and the Kennecott
Greens Creek Mining Company and Kennecott Corporation;
(2) the term ``ANILCA'' means the Alaska National Interest
Lands Conservation Act, Public Law 96-487 (94 Stat. 2371);
(3) the term ``conservation system unit'' has the same meaning
as defined in section 102(4) of ANILCA;
(4) the term ``Greens Creek Claims'' means those patented
mining claims of Kennecott Greens Creek Mining Company within the
Monument recognized pursuant to section 504 of ANILCA;
(5) the term ``KGCMC'' means the Kennecott Greens Creek Mining
Company, Inc., a Delaware corporation;
(6) the term ``Monument'' means the Admiralty Island National
Monument in the State of Alaska established by section 503 of
ANILCA;
(7) the term ``Royalty'' means Net Island Receipts Royalty as
that latter term is defined in Exhibit C to the Agreement; and
(8) the term ``Secretary'' means the Secretary of Agriculture.
SEC. 4. RATIFICATION OF THE AGREEMENT.
The Agreement is hereby ratified and confirmed as to the duties and
obligations of the United States and its agencies, and KGCMC and
Kennecott Corporation, as a matter of Federal law. The agreement may be
modified or amended, without further action by the Congress, upon
written agreement of all parties thereto and with notification in
writing being made to the appropriate committees of the Congress.
SEC. 5. IMPLEMENTATION OF THE AGREEMENT.
(a) Land Acquisition.--Without diminishment of any other land
acquisition authority of the Secretary in Alaska and in furtherance of
the purposes of the Agreement, the Secretary is authorized to acquire
lands and interests in land within conservation system units in the
Tongass National Forest, and any land or interest in land so acquired
shall be administered by the Secretary as part of the National Forest
System and any conservation system unit in which it is located.
Priority shall be given to acquisition of non-Federal lands within the
Monument.
(b) Acquisition Funding.--There is hereby established in the
Treasury of the United States an account entitled the ``Greens Creek
Land Exchange Account'' into which shall be deposited the first
$5,000,000 in royalties received by the United States under part 6 of
the Agreement after the distribution of the amounts pursuant to
subsection (c) of this section. Such moneys in the special account in
the Treasury may, to the extent provided in appropriations Acts, be
used for land acquisition pursuant to subsection (a) of this section.
(c) Twenty-Five Percent Fund.--All royalties paid to the United
States under the Agreement shall be subject to the 25 percent
distribution provisions of the Act of May 23, 1908, as amended (16
U.S.C. 500) relating to payments for roads and schools.
(d) Mineral Development.--Notwithstanding any provision of ANILCA
to the contrary, the lands and interests in lands being conveyed to
KGCMC pursuant to the Agreement shall be available for mining and
related activities subject to and in accordance with the terms of the
Agreement and conveyances made thereunder.
(e) Administration.--The Secretary of Agriculture is authorized to
implement and administer the rights and obligations of the Federal
Government under the Agreement, including monitoring the Government's
interests relating to extralateral rights, collecting royalties, and
conducting audits. The Secretary may enter into cooperative
arrangements with other Federal agencies for the performance of any
Federal rights or obligations under the Agreement or this Act.
(f) Reversions.--Before reversion to the United States of KGCMC
properties located on Admiralty Island, KGCMC shall reclaim the surface
disturbed in accordance with an approved plan of operations and
applicable laws and regulations. Upon reversion to the United States of
KGCMC properties located on Admiralty, those properties located within
the Monument shall become part of the Monument and those properties
lying outside the Monument shall be managed as part of the Tongass
National Forest.
(g) Savings Provisions.--Implementation of the Agreement in
accordance with this Act shall not be deemed a major Federal action
significantly affecting the quality of the human environment, nor shall
implementation require further consideration pursuant to the National
Historic Preservation Act, title VIII of ANILCA, or any other law.
SEC. 6. RECISION RIGHTS.
Within 60 days of the enactment of this Act, KGCMC and Kennecott
Corporation shall have a right to rescind all rights under the
Agreement and this Act. Recision shall be effected by a duly authorized
resolution of the Board of Directors of either KGCMC or Kennecott
Corporation and delivered to the Chief of the Forest Service at the
Chief's principal office in Washington, District of Columbia. In the
event of a recision, the status quo ante provisions of the Agreement
shall apply.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Greens Creek Land Exchange Act of 1995 - Ratifies (allowing for necessary modification or amendment) the agreement entered into between the United States and the Kennecott Greens Creek Mining Company (KGCMC) providing the terms under which the Greens Creek mining claims may be explored and developed. Authorizes the Secretary of Agriculture, in furtherance of agreement purposes, to acquire lands within conservation system units in the Tongass National Forest, to be administered as part of the National Forest System. Establishes in the Treasury the Greens Creek Land Exchange Account, depositing into the Account certain royalties received under the agreement. Authorizes Account funds to be used for land acquisition purposes under this Act. Makes the lands and interests conveyed to KGCMC under the agreement available for mining and related activities under the agreement. Provides reverter and rescission rights. | Greens Creek Land Exchange Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antiterrorism Intelligence
Distribution Act of 2003''.
SEC. 2. ACCESS AND HANDLING OF CLASSIFIED INFORMATION BY STATE AND
LOCAL GOVERNMENT PERSONNEL FOR PREPARATION AND RESPONSE
TO TERRORIST ATTACK.
(a) Purpose.--The purpose of this section, and the amendments made
by this section, is to ensure that sufficient numbers of appropriate
personnel of State and local governments, including personnel of law
enforcement, rescue, fire, health, and other first responder agencies,
receive security clearances for access to classified information of the
Federal Government, and training in the handling of such information,
in order to facilitate the use of such information by such personnel
for the preparation for and response to terrorist attack.
(b) Responsibilities of Office for State and Local Government
Coordination of Department of Homeland Security.--Section 801 of the
Department of Homeland Security Act (Public Law 107-296) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) in consultation with the chief executive officer of
each State, identify appropriate officials of such State, and
of the political subdivisions of such State, whose performance
of functions within the government of such State or political
subdivision with respect to the health and safety of the
citizens of such State and political subdivision will require
the access of such officials to classified information.''; and
(2) by adding at the end the following new subsections:
``(c) Identification of State and Local Officials.--In identifying
State and local officials under subsection (b)(5), the Office shall
ensure each of the following:
``(1) Adequate representation among personnel identified of
personnel of law enforcement, rescue, fire, health, and other
first responder agencies.
``(2) Adequate representation among personnel identified of
personnel located in the major population center or centers of
each State.
``(3) Adequate representation among personnel identified of
personnel in each of the major geographic regions of each
State.
``(d) State Defined.--In this section, the term `State' means the
several States and the District of Columbia.''.
(c) Responsibilities of Director of Central Intelligence.--Section
103(a)(1) of the National Security Act of 1947 (50 U.S.C. 403-3(a)(1))
is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) where appropriate, to officials of State and local
governments who are designated by the Secretary of Homeland
Security from among such officials identified by the Office for
State and Local Government Coordination of the Department of
Homeland Security under section 801(a)(5) of the Department of
Homeland Security Act (Public Law 107-296).''.
(d) Responsibilities of Secretary of Homeland Security.--(1) Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall ensure that officials of State and
local governments who are identified by the Office for State and Local
Government Coordination of the Department of Homeland Security under
section 801(a)(5) of the Department of Homeland Security Act, as added
by subsection (b), and designated by the Secretary for purposes of
section 103(a)(1)(E) of the National Security Act of 1947, as added by
subsection (c), have received the security clearances required to
permit such officials who qualify for security clearances to have
access to national intelligence under section 103(a)(1) of the National
Security Act of 1947.
(2) The Secretary shall ensure that each official who receives a
security clearance under paragraph (1) receives appropriate training in
the proper receipt and handling of classified information of the
Federal Government.
(3) Not later than 180 days after the date of the enactment of this
Act, the Secretary shall provide for appropriate technology and
facilities to ensure the prompt, efficient, and secure transmittal,
receipt, and storage of classified information of the Federal
Government by officials of State and local governments who are
designated to receive national intelligence under section 103(a)(1)(E)
of the National Security Act of 1947, as added by subsection (c).
(4) The Secretary shall carry out this subsection in consultation
with the Director of Central Intelligence and the Director of the
Federal Bureau of Investigation. | Antiterrorism Intelligence Distribution Act of 2003 - Amends the Department of Homeland Security Act to require the Office for State and Local Government Coordination within the Office of the Secretary to identify the appropriate officials of each State who will require access to classified information to ensure the health and safety of its citizens. Specifies guidelines for identifying the appropriate State and local officials.Amends the National Security Act of 1947 to require the Director of Central Intelligence to provide the appropriate national intelligence to State and local governments.Requires the Secretary of Homeland Security to provide security clearances and appropriate training to such officials. Requires the Secretary provide the appropriate technology and facilities to ensure prompt, efficient, and secure transmittal, receipt, and storage of classified information. | A bill to provide for the access and handling by personnel of State and local governments of classified information to facilitate preparation and response to terrorist attacks, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Jobs Opportunity Act''.
SEC. 2. VETERAN SMALL BUSINESS START-UP CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. VETERAN SMALL BUSINESS START-UP CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
applicable veteran-owned business which elects the application of this
section, the veteran small business start-up credit determined under
this section for any taxable year is an amount equal to 15 percent of
so much of the qualified start-up expenditures of the taxpayer as does
not exceed $80,000.
``(b) Applicable Veteran-Owned Small Business.--For purposes of
this section--
``(1) In general.--The term `applicable veteran-owned small
business' means a small business owned and controlled by one or
more veterans or spouses of veterans and the principal place of
business of which is in an underserved community.
``(2) Ownership and control.--The term `owned and
controlled' means--
``(A) management and operation of the daily
business, and--
``(B)(i) in the case of a sole proprietorship, sole
ownership,
``(ii) in the case of a corporation, ownership (by
vote or value) of not less than 51 percent of the stock
in such corporation, or
``(iii) in the case of a partnership or joint
venture, ownership of not less than 51 percent of the
profits interests or capital interests in such
partnership or joint venture.
``(3) Small business.--The term `small business' means,
with respect to any taxable year, any person engaged in a trade
or business in the United States if--
``(A) the gross receipts of such person for the
preceding taxable year did not exceed $5,000,000, or
``(B) in the case of a person to which subparagraph
(A) does not apply, such person employed not more than
100 full-time employees during the preceding taxable
year.
For purposes of subparagraph (B), an employee shall be
considered full-time if such employee is employed at least 30
hours per week for 20 or more calendar weeks in the taxable
year.
``(4) Underserved community.--The term `underserved
community' means any area located within--
``(A) a HUBZone (as defined in section 3(p) of the
Small Business Act (15 U.S.C. 632(p))),
``(B) an empowerment zone, or enterprise community,
designated under section 1391 (and without regard to
whether or not such designation remains in effect),
``(C) an area of low income or moderate income (as
recognized by the Federal Financial Institutions
Examination Council), or
``(D) a county with persistent poverty (as
classified by the Economic Research Service of the
Department of Agriculture).
``(5) Veteran or spouse of veteran.--The term `veteran or
spouse of a veteran' has the meaning given such term by section
7(a)(31)(G)(iii) of the Small Business Act (15 U.S.C.
636(a)(31)(G)(iii)).
``(c) Qualified Start-Up Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified start-up
expenditures' means--
``(A) any start-up expenditures (as defined in
section 195(c)), or
``(B) any amounts paid or incurred during the
taxable year for the purchase or lease of real
property, or the purchase of personal property, placed
in service during the taxable year and used in the
active conduct of a trade or business.
``(d) Special Rules.--For purposes of this section--
``(1) Year of election.--The taxpayer may elect the
application of this section only for the first 2 taxable years
for which ordinary and necessary expenses paid or incurred in
carrying on such trade or business are allowable as a deduction
by the taxpayer under section 162.
``(2) Controlled groups and common control.--All persons
treated as a single employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.
``(3) No double benefit.--If a credit is determined under
this section with respect to any property, the basis of such
property shall be reduced by the amount of the credit
attributable to such property.''.
(b) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Veteran small business start-up credit.''.
(c) Made Part of General Business Credit.--Section 38(b) of such
Code is amended by striking ``plus'' at the end of paragraph (35), by
striking the period at the end of paragraph (36) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(37) the veteran small business start-up credit
determined under section 45S.''.
(d) Report by Treasury Inspector General for Tax Administration.--
Every fourth year after the date of the enactment of this Act, the
Treasury Inspector General for Tax Administration shall include in one
of the semiannual reports under section 5 of the Inspector General Act
of 1978 with respect to such year, an evaluation of the program under
section 45S of the Internal Revenue Code of 1986 (as added by this
section), including an evaluation of the success of, and accountability
with respect to, such program.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Veterans Jobs Opportunity Act This bill amends the Internal Revenue Code to allow a new business-related tax credit for the start-up expenses of a veteran-owned small business in an underserved community. The allowable amount of such credit is 15% of start-up expenditures that do not exceed $80,000. The credit is allowed to any individual (or the surviving spouse of such individual) who: (1) has served on active duty in the Armed Forces, and (2) has not been discharged or released from the Armed Forces under dishonorable conditions. An "underserved community" is any area located within: (1) a HUBZone (as defined by the Small Business Act), (2) an empowerment zone or an enterprise community, (3) an area of low income or moderate income (as recognized by the Federal Financial Institutions Examination Council), or (4) a county with persistent poverty (as classified by the Economic Research Service of the Department of Agriculture). | Veterans Jobs Opportunity Act |
Section 1. (a) No later than six months after the date of enactment
of this Act, the Secretary of Homeland Security shall issue interim
final regulations establishing risk-based performance standards for
security of chemical facilities and requiring vulnerability assessments
and the development and implementation of site security plans for
chemical facilities: Provided, That such regulations shall apply to
chemical facilities that, in the discretion of the Secretary, present
high levels of security risk: Provided further, That such regulations
shall permit each such facility, in developing and implementing site
security plans, to select layered security measures that, in
combination, appropriately address the vulnerability assessment and the
risk-based performance standards for security for the facility:
Provided further, That the Secretary may not disapprove a site security
plan submitted under this section based on the presence or absence of a
particular security measure, but the Secretary may disapprove a site
security plan if the plan fails to satisfy the risk-based performance
standards established by this section: Provided further, That the
Secretary may approve alternative security programs established by
private sector entities, Federal, State, or local authorities, or other
applicable laws if the Secretary determines that the requirements of
such programs meet the requirements of this section and the interim
regulations: Provided further, That the Secretary shall review and
approve each vulnerability assessment and site security plan required
under this section: Provided further, That the Secretary shall not
apply regulations issued pursuant to this section to facilities
regulated pursuant to the Maritime Transportation Security Act of 2002,
Public Law 107-295, as amended; Public Water Systems, as defined by
section 1401 of the Safe Drinking Water Act, Public Law 93-523, as
amended; Treatment Works as defined in section 212 of the Federal Water
Pollution Control Act, Public Law 92-500, as amended; any facility
owned or operated by the Department of Defense or the Department of
Energy, or any facility subject to regulation by the Nuclear Regulatory
Commission.
(b) Interim regulations issued under this section shall apply until
the effective date of interim or final regulations promulgated under
other laws that establish requirements and standards referred to in
subsection (a) and expressly supersede this section: Provided, That the
authority provided by this section shall terminate three years after
the date of enactment of this Act.
(c) Notwithstanding any other provision of law and subsection (b),
information developed under this section, including vulnerability
assessments, site security plans, and other security related
information, records, and documents shall be given protections from
public disclosure consistent with similar information developed by
chemical facilities subject to regulation under section 70103 of title
46, United States Code: Provided, That this subsection does not
prohibit the sharing of such information, as the Secretary deems
appropriate, with State and local government officials possessing the
necessary security clearances, including law enforcement officials and
first responders, for the purpose of carrying out this section,
provided that such information may not be disclosed pursuant to any
State or local law: Provided further, That in any proceeding to enforce
this section, vulnerability assessments, site security plans, and other
information submitted to or obtained by the Secretary under this
section, and related vulnerability or security information, shall be
treated as if the information were classified material.
(d) Any person who violates an order issued under this section
shall be liable for a civil penalty under section 70119(a) of title 46,
United States Code: Provided, That nothing in this section confers upon
any person except the Secretary a right of action against an owner or
operator of a chemical facility to enforce any provision of this
section.
(e) The Secretary of Homeland Security shall audit and inspect
chemical facilities for the purposes of determining compliance with the
regulations issued pursuant to this section.
(f) Nothing in this section shall be construed to supersede, amend,
alter, or affect any Federal law that regulates the manufacture,
distribution in commerce, use, sale, other treatment, or disposal of
chemical substances or mixtures.
(g) If the Secretary determines that a chemical facility is not in
compliance with this section, the Secretary shall provide the owner or
operator with written notification (including a clear explanation of
deficiencies in the vulnerability assessment and site security plan)
and opportunity for consultation, and issue an order to comply by such
date as the Secretary determines to be appropriate under the
circumstances: Provided, That if the owner or operator continues to be
in noncompliance, the Secretary may issue an order for the facility to
cease operation, until the owner or operator complies with the order. | Directs the Secretary of Homeland Security to issue interim final regulations establishing risk-based performance standards for the security of high-risk chemical facilities and requiring vulnerability assessments and the development and implementation of site security plans for such facilities.
Directs the Secretary to: (1) review and approve each vulnerability assessment and site security plan required by this Act; (2) audit and inspect chemical facilities to determine compliance with such regulations; (3) provide the owner or operator of a facility not in compliance with written notification and opportunity for consultation; and (4) issue an order to comply by an appropriate date. Authorizes the Secretary to issue an order for the facility to cease operation until the owner or operator complies.
Sets forth provisions regarding: (1) the protection of vulnerability or security information under this Act from public disclosure; and (2) civil penalties for violation of an order issued under this Act. | To direct the Secretary of Homeland Security to provide for enhanced security of chemical facilities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Network Neutrality Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Our Nation's economy, education, and society are
increasingly dependent upon broadband telecommunications
networks.
(2) These networks also hold the promise of advancing
economic growth, job creation, and technological innovation.
(3) As America becomes ever more reliant upon such
broadband networks, unfettered access to broadband networks to
offer content and services and run software applications over
the Internet is vital.
(4) The global leadership in high technology the United
States provides today stems directly from historic policies
that have ensured that telecommunications networks are open to
all lawful uses and to all users.
(5) The Internet was enabled by those historic policies and
provides an open architecture medium for world-wide
communications, providing low barriers to entry for web-based
content, applications, and services.
(6) Due to recent Federal Communications Commission
interpretations and court decisions, these features of the
Internet are no longer certain, and erosion of these historic
policies permits broadband network owners to claim they can
control who can and who cannot offer content and services over
the Internet utilizing their broadband networks.
(7) The high technology economy would be severely harmed if
Internet content providers cannot reach consumers without
interference from broadband network operators.
(8) The overwhelming majority of residential consumers take
broadband service from one of only two wireline providers,
namely, from the cable operator or the local telephone company.
(9) Broadband network operators have an economic interest
to discriminate in favor of their own services and against
other online providers.
(10) A network neutrality policy based upon the principle
of nondiscrimination is essential to ensure that broadband
telecommunications networks, including the Internet, remain
open to independent service and content providers.
(11) A network neutrality policy is also essential to give
certainty to entrepreneurs, innovators, investors, and others
who rely upon the Internet for commercial reasons.
(12) A network neutrality policy can also permit broadband
network operators to take action to protect network
reliability, prevent spam, and thwart illegal uses in the same
way that network operators have historically done so.
(13) Because of the vital role that broadband networks and
the Internet play for America's economic growth and our First
Amendment rights to speak, the United States should adopt a
clear policy endorsing the open nature of Internet
communications and freely accessible broadband networks.
SEC. 3. POLICY.
It is the policy of the United States--
(1) to maintain the freedom to use broadband
telecommunications networks, including the Internet, without
interference from network operators, as has been the policy for
Internet commerce and the basis for user expectations since its
inception;
(2) to ensure that the Internet, and its successors, remain
a vital force in the United States economy, thereby enabling
the country to preserve its global leadership in online
commerce and technological innovation;
(3) to preserve and promote the open and interconnected
nature of broadband networks that enable consumers to reach,
and service providers to offer, lawful content, applications,
and services of their choosing, using their selection of
devices that do not harm the network;
(4) to encourage escalating broadband transmission speeds
and capabilities that reflect the evolving nature of the
broadband networks, including the Internet, and improvements in
access technology, which enables consumers to use and enjoy,
and service providers to offer, a growing array of content,
applications, and services;
(5) to provide for disclosure by broadband network
operators of prices, terms, and conditions, and other relevant
information, including information about the technical
capabilities of broadband access provided to users, to inform
their choices about services they rely on to communicate and to
detect problems; and
(6) to ensure vigorous and prompt enforcement of this Act's
requirements to safeguard and promote competition, innovation,
market certainty, and consumer empowerment.
SEC. 4. NET NEUTRALITY SAFEGUARDS.
(a) In General.--Each broadband network provider has the duty to--
(1) enable users to utilize their broadband service to
access all lawful content, applications, and services available
over broadband networks, including the Internet;
(2) not block, impair, degrade, discriminate against, or
interfere with the ability of any person to utilize their
broadband service to--
(A) access, use, send, receive, or offer lawful
content, applications, or services over broadband
networks, including the Internet; or
(B) attach any device to the provider's network and
utilize such device in connection with broadband
service, provided that any such device does not
physically damage, or materially degrade other
subscribers' use of, the network;
(3) clearly and conspicuously disclose to users, in plain
language, accurate information about the speed, nature, and
limitations of their broadband service;
(4) offer, upon reasonable request to any person, a
broadband service for use by such person to offer or access
unaffiliated content, applications, and services;
(5) not discriminate in favor of itself in the allocation,
use, or quality of broadband services or interconnection with
other broadband networks;
(6) offer a service such that content, applications, or
service providers can offer unaffiliated content, applications,
or services in a manner that is at least equal to the speed and
quality of service that the operator's content, applications,
or service is accessed and offered, and without interference or
surcharges on the basis of such content, applications, or
services;
(7) if the broadband network provider prioritizes or offers
enhanced quality of service to data of a particular type,
prioritize or offer enhanced quality of service to all data of
that type (regardless of the origin of such data) without
imposing a surcharge or other consideration for such
prioritization or quality of service; and
(8) not install network features, functions, or
capabilities that thwart or frustrate compliance with the
requirements or objectives of this section.
(b) Exceptions.--Nothing in this section shall prohibit a broadband
network provider from implementing reasonable and nondiscriminatory
measures to--
(1) manage the functioning of its network, on a systemwide
basis, provided that any such management function does not
result in discrimination between content, applications, or
services offered by the provider and unaffiliated providers;
(2) offer varying levels of transmission speed or bandwith;
(3) protect network security or the security of a user's
computer on the network;
(4) offer consumer protection services (such as parental
controls), provided that a user may refuse or disable such
services;
(5) carry or offer a cable service that requires management
of the network to provide enhanced quality of service, provided
that--
(A) a broadband service subscriber may refuse to
subscribe to, and avoid charges for, such cable service
while obtaining broadband services from such operator;
and
(B) such carrying or offering does not violate any
of the duties set forth in subsection (a); or
(6) where otherwise required by law, prevent any violation
of Federal or State law.
(c) Implementation.--Within 180 days after the date of enactment of
this Act, the Commission shall adopt rules that--
(1) permit any person to complain to the Commission of
anything done or omitted to be done in violation of any duty,
obligation, or requirement under this section;
(2) provide that any complaint filed at the Commission that
alleges a violation of this section shall be deemed granted
unless acted upon by the Commission within 90 days after its
filing;
(3) require the Commission, upon prima facie showing by a
complainant of a violation of this section, to issue within 48
hours of the filing of any such complaint, a cease-and-desist
or other appropriate order against the violator until the
complaint is fully resolved, and, if in the public interest,
such order may affect classes of persons similarly situated to
the complainant or the violator, and any such order shall be in
effect until the Commission resolves the complaint with an
order dismissing the complaint or imposing appropriate remedies
to resolve such complaint; and
(4) enable the Commission to use mediation or arbitration
or other means to resolve the dispute.
(d) Enforcement.--This section shall be enforced under titles IV
and V of the Communications Act of 1934 (47 U.S.C. 401, 501 et seq.). A
violation of any provision of this section shall be treated as a
violation of the Communications Act of 1934, except that the warning
requirements of section 503(b) shall not apply. In addition to imposing
fines under its title V authority, the Commission also is authorized to
issue any order, including an order directing a broadband network
operator to pay damages to a complaining party.
(e) Definitions.--For purposes of this section:
(1) Broadband network provider.--The term ``broadband
network provider'' means a person or entity that owns,
controls, or resells, facilities used in the transmission of a
broadband service and includes any affiliate, joint venture
partner, or agent of such provider.
(2) Broadband service.--The term ``broadband service''
means a two-way transmission capability that--
(A) enables the user to access content,
applications, and services;
(B) is delivered with or without a fee to the
physical location of the user, regardless of the
facilities used;
(C) includes a transport speed of at least 200
kilobits per second on average in at least one
direction; and
(D) permits a user to transmit or receive
information of their own design or choosing.
(3) Affiliate.--The term ``affiliate'' includes--
(A) a person that directly or indirectly owns,
controls, is owned or controlled by, or is under common
ownership or control with, another person; or
(B) a person that has a contract or other
arrangement with a content or service provider
concerning access to, or distribution of, such content
or services. | Network Neutrality Act of 2006 - States that it is the policy of the United States to, among other things, maintain the freedom to use broadband telecommunications networks, including the Internet, without interference from network operators.
Outlines specified duties of broadband network providers to ensure broadband network neutrality, including the duty to: (1) enable users to utilize their broadband service to access all lawful content, applications, and services available over broadband networks, including the Internet; and (2) not block, impair, degrade, discriminate against, or interfere with the ability of any person to utilize their broadband service for lawful purposes. Provides exceptions for providers, including implementing reasonable measures to manage its networks and protect network security.
Provides for implementation and enforcement of this Act through the Federal Communications Commission (FCC). | To promote open broadband networks and innovation, foster electronic commerce, and safeguard consumer access to online content and services. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Disability Rating Parity
Act''.
SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED
AS TOTAL BY THE SECRETARY OF VETERANS AFFAIRS AS
DISABILITY FOR PURPOSES OF TITLE II OF THE SOCIAL
SECURITY ACT.
(a) Disability for Purposes of Entitlement to Disability Insurance
Benefits and Other Benefits Based on Disability.--
(1) In general.--Section 223(d) of the Social Security Act
(42 U.S.C. 423(d)) is amended by adding at the end the
following new paragraph:
``(7)(A) Notwithstanding the preceding provisions of this
subsection, any individual who has a service-connected disability rated
by the Secretary of Veterans Affairs as total for purposes of benefits
under chapter 11 of title 38, United States Code, and presents written
certification of such rating determination to the Commissioner of
Social Security shall be deemed to be under a disability (within the
meaning of the preceding paragraphs of this subsection) for each
month--
``(i) beginning with the month during which such
certification is presented to the Commissioner, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines, subject to subparagraph (C), that such
individual is able to engage in substantial gainful
activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled for purposes of benefits under chapter 11 of
title 38, United States Code, and with respect to whom a certification
has been made to the Commissioner pursuant to subparagraph (A) that
such individual has ceased to be so disabled, such Secretary shall
promptly certify to the Commissioner such Secretary's determination
that such individual has ceased to be so disabled.
``(C) Any determination by the Commissioner under subparagraph
(A)(ii)(II) shall be made on the basis of evidence of earnings, without
consideration of any evidence of medical recovery.
``(D) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of the preceding paragraphs of this subsection).
``(E) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph.''.
(2) Other benefits based on disability.--
(A) Child's insurance benefits.--Section 202(d)(1)
of such Act (42 U.S.C. 402(d)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(B) Widow's insurance benefits.--Section 202(e)(1)
of such Act (42 U.S.C. 402(e)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(C) Widower's insurance benefits.--Section
202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended
by adding at the end the following new sentence:
``Under regulations of the Commissioner of Social
Security, the provisions of section 223(d)(7) shall
apply with respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(b) Determinations of Periods of Disability.--Section 216(i) of
such Act (42 U.S.C. 416(i)) is amended by adding at the end the
following new paragraph:
``(4)(A) Notwithstanding paragraphs (1), (2), and (3), any
individual who has a service-connected disability rated by the
Secretary of Veterans Affairs as total for purposes of benefits under
chapter 11 of title 38, United States Code, and presents written
certification of such rating determination to the Commissioner of
Social Security shall be deemed to be under a disability (within the
meaning of paragraph (1)) for each month--
``(i) beginning with the month during which such
certification is presented to the Commissioner, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines, subject to subparagraph (C), that such
individual is able to engage in substantial gainful
activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled for purposes of benefits under chapter 11 of
title 38, United States Code, and with respect to whom a certification
has been made to the Commissioner pursuant to subparagraph (A) that
such individual has ceased to be so disabled, such Secretary shall
promptly certify to the Commissioner such Secretary's determination
that such individual has ceased to be so disabled.
``(C) Any determination by the Commissioner under subparagraph
(A)(ii)(II) shall be made on the basis of evidence of earnings, without
consideration of any evidence of medical recovery.
``(D) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of paragraph (1)).
``(E) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph.''.
SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY THE
SECRETARY OF VETERANS AFFAIRS AS DISABILITY FOR PURPOSES
OF TITLE XVI OF THE SOCIAL SECURITY ACT.
Section 1614(a)(3) of the Social Security Act (42 U.S.C.
1382c(a)(3)) is amended by adding at the end the following:
``(K) In making determinations with respect to disability under
this title, the provisions of section 223(d)(7) shall apply in the same
manner as they apply to determinations of disability under title II.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
determinations of disability in connection with applications for
benefits or periods of disability filed or pending on or after the date
of the enactment of this Act. | Veteran Disability Rating Parity Act This bill amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat service-connected disability rated and certified as total by the Department of Veterans Affairs as disability for purposes of the OASDI (including child's, widow's, and widower's benefits) and SSI programs. | Veteran Disability Rating Parity Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pension Forfeiture Act
of 2005''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Members of Congress pledge to uphold the Constitution
and the laws of the United States;
(2) Members of Congress are elected to serve in the public
trust and pledge to uphold the public trust;
(3) a breach of the public trust by a Member of Congress is
a serious offense that should have serious consequences; and
(4) taxpayers should not pay for the retirement benefits of
Members of Congress who have breached the public trust.
SEC. 3. FORFEITURE.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(ii) The conduct on which the offense is based is
directly related to the individual's service as a Member.
``(iii) The offense is committed during the One Hundred
Tenth Congress or later.
``(B) The offenses described in this subparagraph are as follows:
``(i) An offense within the purview of section 201 (bribery
of public officials and witnesses), 203 (compensation to
Members of Congress, officers, and others in matters affecting
the Government), 204 (practice in United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit by Members of Congress), 219 (officers and
employees acting as agents of foreign principals), 286
(conspiracy to defraud the Government with respect to claims),
287 (false, fictitious or fraudulent claims), 371 (conspiracy
to commit offense or to defraud the United States), 597
(expenditures to influence voting), 599 (promise of appointment
by candidate), 602 (solicitation of political contributions),
606 (intimidation to secure political contributions), 607
(place of solicitation), 641 (public money, property or
records), 1001 (statements or entries generally), 1341 (frauds
and swindles), 1343 (fraud by wire, radio, or television), 1503
(influencing or injuring officer or juror), 1951 (interference
with commerce by threats or violence), 1952 (interstate and
foreign travel or transportation in aid of racketeering
enterprises), or 1962 (prohibited activities) of title 18 or
section 7201 of the Internal Revenue Code of 1986 (attempt to
evade or defeat tax).
``(ii) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
clause (i).
``(iii) Subornation of perjury committed in connection with
the false denial of another individual as specified by clause
(ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this subchapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
``(6) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual convicted of an offense described in paragraph
(2) shall not, if or to the extent rendered as a Member (irrespective
of when rendered), be taken into account for purposes of this chapter.
Any such individual (or other person determined under section 8424(d),
if applicable) shall be entitled to be paid so much of such
individual's lump-sum credit as is attributable to service to which the
preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(B) The conduct on which the offense is based is directly
related to the individual's service as a Member.
``(C) The offense is committed during the One Hundred Tenth
Congress or later.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this chapter while serving
as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
``(6) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''.
(c) Thrift Savings Plan.--Paragraph (5) of section 8432(g) of title
5, United States Code, is amended by striking ``(5)'' and inserting
``(5)(A)'' and by adding at the end the following:
``(B) Notwithstanding any other provision of law, contributions
made by the Government under subsection (c) for the benefit of an
individual and all earnings attributable to such contributions shall be
forfeited--
``(i) if any service rendered by such individual as a
Member is made noncreditable as a result of a conviction
described in section 8411(i); but only
``(ii) to the extent of any contributions attributable to
periods of service rendered by such individual as a Member (as
described in section 8411(i)(1)) and earnings thereon.''. | Congressional Pension Forfeiture Act of 2005 - Requires the Office of Personnel and Management (OPM) to prescribe regulations that prohibit eligibility in the governmental retirement system for a Member convicted of certain offenses that are: (1) committed by the individual while a Member, (2) related to the individual's service as a Member, and (3) committed during the 110th Congress or later. Refunds annuity contributions and deposits, excluding interest earned, to a convicted individual.
Defines "Member" as "the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico."
Forfeits Thrift Savings Plan contributions made by the government for the benefit of an individual and all earnings attributed to such contributions as a result of the Member's conviction. | To amend title 5, United States Code, to provide that if a Member of Congress is convicted of a felony, such Member shall not be eligible for retirement benefits, and for other purposes. |
SECTION 1. EXTENSION OF TREATMENT TO OTHER JUDICIAL OFFICIALS.
(a) Definitions.--Section 8701(a) of title 5, United States Code,
is amended--
(1) in paragraph (9) by striking ``and'' after the
semicolon; and
(2) by inserting after paragraph (10) and before ``but does
not include'' the following:
``(11) a judicial official within the meaning of--
``(A) section 376(a)(1)(B) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under section 373 of such
title;
``(B) section 376(a)(1)(C) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under section 611 of such
title;
``(C) section 376(a)(1)(D) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under section 627 of such
title;
``(D) section 376(a)(1)(E) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under sections 611 and 677
of such title;
``(E) section 376(a)(1)(F) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under chapter 83 or 84 of
this title, section 377 of title 28, or section 2(c) of
the Retirement and Survivors' Annuities for Bankruptcy
Judges and Magistrates Act of 1988; or
``(F) section 376(a)(1)(G) of title 28 who, after
attaining age 65 or on the basis of disability, retires
from regular active service under section 178 of such
title; and
``(12) a judge of the United States Tax Court appointed
under section 7443(b) of the Internal Revenue Code of 1986 who
is retired from regular active service under section 7447
thereof;''.
(b) Provisions Relating to Termination.--
(1) Basic coverage and option b.--The second sentence of
section 8706(a) of title 5, United States Code, and the second
sentence of section 8714b(c)(1) of such title, are each amended
by inserting ``, and any employee as defined in section 8701(a)
(11) or (12),'' before ``are deemed''.
(2) Options a and c.--Sections 8714a(c)(1) and 8714c(c)(1)
of title 5, United States Code, are each amended by adding at
the end the following: ``Justices and judges of the United
States described in section 8701(a)(5) (ii) and (iii) of this
chapter, and any employee as defined in section 8701(a) (11) or
(12), are deemed to continue in active employment for purposes
of this chapter.''.
(c) Technical Amendments.--Section 8714a(c)(3) of title 5, United
States Code, and the third sentence of section 8714b(c)(1) of such
title, are repealed.
(d) Applicability.--
(1) In general.--
(A) Future retirements.--Except as provided in
subparagraph (B) and paragraph (2), nothing in this
section or in any amendment made by this section shall
be considered to affect the treatment under chapter 87
of title 5, United States Code, of any individual whose
date of retirement (as described in any provision of
the amendment made by subsection (a)(2)) precedes the
date of the enactment of this Act.
(B) Limited exception.--
(i) Applicability.--This subparagraph shall
apply to any individual--
(I) who retired (under any
provision of law cited in the amendment
made by subsection (a)(2)) after July
31, 1987, and before the date of the
enactment of this Act;
(II) who would have been eligible
to have continued being treated (after
retiring) as an employee under chapter
87 of title 5, United States Code, had
the amendments made by this section
been in effect at the time of such
individual's retirement; and
(III) who has remained continuously
covered under chapter 87 of title 5,
United States Code, since retiring.
(ii) Election.--Any individual described in
clause (i) may, upon appropriate written
application submitted within 12 months after
the effective date of the regulations under
clause (iv), elect, for purposes of chapter 87
of title 5, United States Code, to be treated
as if the amendments made by this section had
been in effect at the time of such individual's
retirement.
(iii) Prospective effect.--Nothing in this
subparagraph shall be considered to permit or
require any change in coverage or any
collection or repayment of contributions with
respect to any period before the election is
made.
(iv) Regulations.--The Office of Personnel
Management shall prescribe such regulations as
may be necessary to carry out this
subparagraph.
(2) Rule relating to certain technical amendments.--The
provisions added by subsection (b)(2) shall (A) to the extent
that they relate to justices and judges of the United States
described in section 8701(a)(5) (ii) and (iii) of title 5,
United States Code, and (B) with respect to the period after
December 31, 1986, and before the date of the enactment of this
Act, be given the same effect as would have been given to the
corresponding prior provisions of title 5, United States Code
(as inserted pursuant to amendments made by section 7(1) of
Public Law 99-336), had those prior provisions not been
superseded by amendments taking effect under Public Law 99-335.
SEC. 2. ASSIGNMENT AUTHORITY.
Section 8706(e) of title 5, United States Code, is amended--
(1) by striking ``Federal judge'' and inserting ``employee
or former employee'';
(2) by striking ``judge's'' and inserting ``employee's or
former employee's''; and
(3) by striking ``purchase'' and inserting ``purchased''. | Amends Federal civil service law to extend the treatment currently afforded to Federal judges under the Federal Employees' Group Life Insurance Program to certain other judicial officials. | To amend title 5, United States Code, to extend the treatment currently afforded to Federal judges under the Federal Employees Group Life Insurance Program to certain other judicial officials, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco Products Control Act of
1995''.
SEC. 2. AMENDMENT TO FEDERAL CIGARETTE LABELING AND ADVERTISING ACT.
The Federal Cigarette Labeling and Advertising Act is amended by
inserting after section 6 (15 U.S.C. 1335) the following new section:
``additional advertising restrictions
``Sec. 7A. (a)(1) It shall be unlawful to advertise cigarettes on
any outdoor billboard that is located within 500 feet of any public or
private elementary or secondary school.
``(2) Paragraph (1) shall not apply to any advertisement--
``(A) on any outdoor billboard that is located adjacent to
an interstate highway that is directed away from, and not
visible from, such elementary or secondary schools or school
grounds; or
``(B) that is erected or maintained at street level and
affixed to business establishments selling tobacco products at
retail.
``(b) It shall be unlawful to advertise cigarettes in a newspaper,
magazine, periodical or other publication if the subscribers of such
publication who are under the age of 18 years constitute more than 15
percent of the total readership of such publication. The Federal Trade
Commission shall annually publish a list of the publications that are
subject to this subsection.
``(c) No payment shall be made by any cigarette manufacturer or any
agent thereof for the placement of any cigarette, cigarette package, or
cigarette advertisement as a prop in any motion picture produced for
viewing by the general public.
``(d) No cigarette brand name or logo shall be placed in a video or
on a video game machine, and no brand name or logo may be placed on or
within the premises of family amusement centers.
``(e) As used in this section--
``(1) the term `family amusement center' means an
enterprise offering amusement or entertainment to the public
through the use of one or more amusement rides or attractions;
``(2) the term `amusement ride or attraction' means--
``(A) any mechanized device or combination of
devices that carry passengers along, around, or over a
fixed or restricted course for the purpose of giving
its passengers amusement, pleasure, thrills, or
excitement; or
``(B) any building or structure around, over, or
through which individuals may walk, climb, slide, jump
or move that provides such individuals with amusement,
pleasure, thrills, or excitement;
except that such term does not include coin-operated amusement
devices that carry no more than 2 individuals, devices
regulated by the Federal Aviation Administration, the Federal
Railroad Administration (or State railroad administrations), or
vessels under the jurisdiction of the Coast Guard (or State
division of the water patrol), tractor pulls, auto or
motorcycle events, horse shows, rodeos, or other animal shows,
games and concessions, nonmechanical playground equipment, or
any other devices or structures designated by the Secretary of
Health and Human Services; and
``(3) the term `video game' means any electronic amusement
device that utilizes a computer, microprocessor, or similar
electronic circuitry and its own cathode ray tube, or is
designed to be used with a television set or a monitor, that
interacts with the user of the device.''.
SEC. 3. AMENDMENT TO COMPREHENSIVE SMOKELESS TOBACCO HEALTH EDUCATION
ACT OF 1986.
The Comprehensive Smokeless Tobacco Health Education Act of 1986 is
amended by inserting after section 3 (15 U.S.C. 4402 et seq.) the
following new section:
``advertising restrictions
``Sec. 3A. (a) Billboards.--
``(1) In general.--It shall be unlawful to advertise a
smokeless tobacco product on any outdoor billboard that is
located within 500 feet of any public or private elementary or
secondary school.
``(2) Exception.--Paragraph (1) shall not apply to any
advertisement--
``(A) on any outdoor billboard that is located
adjacent to an interstate highway that is directed away
from, and not visible from, such elementary or
secondary schools or school grounds; and
``(B) that is erected or maintained at street level
and affixed to business establishments selling tobacco
products at retail.
``(b) Periodicals.--It shall be unlawful to advertise any smokeless
tobacco product in a newspaper, magazine, periodical or other
publication if the subscribers of such publication who are under the
age of 18 years constitute more than 15 percent of the total readership
of such publication. The Federal Trade Commission shall annually
publish a list of the publications that are subject to this subsection.
``(c) Motion Pictures.--No payment shall be made by any smokeless
tobacco manufacturer or any agent thereof for the placement of any
smokeless tobacco product, smokeless tobacco package, or smokeless
tobacco advertisement as a prop in any motion picture produced for
viewing by the general public.
``(d) Video Games.--No smokeless tobacco product brand name or logo
shall be placed in a video or on a video game machine, and no brand
name or logo may be placed on or within the premises of a family
amusement center.
``(e) Definitions.--As used in this section--
``(1) the term `family amusement center' means an
enterprise offering amusement or entertainment to the public
through the use of one or more amusement rides or attractions;
``(2) the term `amusement ride or attraction' means--
``(A) any mechanized device or combination of
devices that carry passengers along, around, or over a
fixed or restricted course for the purpose of giving
its passengers amusement, pleasure, thrills, or
excitement; or
``(B) any building or structure around, over, or
through which individuals may walk, climb, slide, jump
or move that provides such individuals with amusement,
pleasure, thrills, or excitement;
except that such term does not include coin-operated amusement
devices that carry no more than 2 individuals, devices
regulated by the Federal Aviation Administration, the Federal
Railroad Administration (or State railroad administrations), or
vessels under the jurisdiction of the Coast Guard (or State
division of the water patrol), tractor pulls, auto or
motorcycle events, horse shows, rodeos, or other animal shows,
games and concessions, nonmechanical playground equipment, or
any other devices or structures designated by the Secretary of
Health and Human Services; and
``(3) the term `video game' means any electronic amusement
device that utilizes a computer, microprocessor, or similar
electronic circuitry and its own cathode ray tube, or is
designed to be used with a television set or a monitor, that
interacts with the user of the device.''.
SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26)
is amended--
(1) in subsection (a)(1), to read as follows:
``(1) In general.--Subject to paragraph (2), for fiscal
year 1997 and subsequent fiscal years, the Secretary may make a
grant under section 1921 only if the State involved has in
effect a law providing that--
``(A) it is unlawful for any manufacturer,
retailer, or distributor of cigarettes or smokeless
tobacco products to sell or distribute any such product
to any individual under the age of 18;
``(B) no person, firm, partnership, company, or
corporation shall operate a vending machine which
dispenses cigarettes or smokeless tobacco products
unless such vending machine is in a location that is in
plain view and under the direct supervision and control
of the individual in charge of the location or his or
her designated agent or employee;
``(C) the restrictions described in subparagraph
(B) shall not apply in the case of a vending machine
that is located--
``(i) at a private club;
``(ii) at a bar or bar area of a food
service establishment;
``(iii) at a factory, warehouse, tobacco
business, or any other place of employment
which has an insignificant portion of its
regular workforce comprised of individuals
under the age of 18 years and only if such
machines are located in an area that is not
accessible to the general public; or
``(iv) in such other location or made
available in another manner that is expressly
permitted under applicable State law; and
``(D) it is unlawful for any person engaged in the
selling or distribution of cigarettes or smokeless
tobacco products for commercial purposes to distribute
without charge any cigarettes or smokeless tobacco
products, or to distribute coupons which are redeemable
for cigarettes or smokeless tobacco products, except
that this subparagraph shall not apply in the case of
distribution--
``(i) through coupons contained in
publications for which advertising is not
restricted under section 7A of the Federal
Cigarette Labeling and Advertising Act, coupons
obtained through the purchase of cigarettes or
smokeless tobacco products, or coupons sent
through the mail;
``(ii) where individuals can demonstrate,
through a photographic identification card,
that the individual is at least 18 years of
age;
``(iii) in locations that can be separately
segregated to deny access to individuals under
the age of 18; or
``(iv) through such other manners or at
other locations that are expressly permitted
under applicable State law.'';
(2) in subsection (a)(2)--
(A) by striking ``1993'' and inserting ``1997'';
(B) by striking ``1994'' and inserting ``1998'';
and
(C) by striking ``1995'' and inserting ``1999'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``10 percent''
and inserting ``20 percent'';
(B) in paragraph (2), by striking ``20 percent''
and inserting ``40 percent'';
(C) in paragraph (3), by striking ``30 percent''
and inserting ``60 percent''; and
(D) in paragraph (4), by striking ``40 percent''
and inserting ``80 percent'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``1995'' and
inserting ``1999''; and
(B) in paragraph (1), by striking ``1994'' and
inserting ``1998''; and
(5) by adding at the end thereof the following new
subsections:
``(e) Enforcement.--Any amounts made available to a State through a
grant under section 1921 may be used to enforce the laws described in
subsection (a).
``(f) Definitions.--As used in subsection (a)(1), the term `private
club' means an organization with no more than an insignificant portion
of its membership comprised of individuals under the age of 18 years
that regularly receives dues or payments from its members for the use
of space, facilities and services.''.
SEC. 5. AMENDMENT TO FEDERAL FOOD, DRUG, AND COSMETIC ACT.
Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
391 et seq.) is amended by adding at the end thereof the following new
section:
``SEC. 906. PROHIBITION ON REGULATION OF TOBACCO PRODUCTS.
``Nothing in this Act or any other Act shall provide the Food and
Drug Administration with any authority to regulate in any manner
tobacco or tobacco products.''. | Tobacco Products Control Act of 1995 - Amends the Federal Cigarette Labeling and Advertising Act (with regard to cigarettes) and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (with regard to smokeless tobacco products) to make unlawful: (1) advertising on certain outdoor billboards; (2) advertising in publications having more than 15 percent of their total readership under 18 years old; (3) product placement (paid for by a manufacturer) as a prop in any general public motion picture; and (4) placement of a brand name or logo in a video, on a video game machine, or in a family amusement center.
Amends the Public Health Service Act to prohibit or reduce, starting in FY 1997, formula grants to States for prevention and treatment of substance abuse unless the State has a law: (1) prohibiting the sale or distribution of cigarettes or smokeless tobacco products to anyone under the age of 18; (2) regulating in specified ways cigarette or smokeless tobacco product vending machines; and (3) prohibiting the distribution without charge of cigarettes or smokeless tobacco products or the distribution of coupons redeemable for cigarettes or smokeless tobacco products. Allows amounts from the formula grants to be used to enforce such State laws.
Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to declare that nothing in the FDCA or any other Act shall provide the Food and Drug Administration with any authority to regulate in any manner tobacco or tobacco products. | Tobacco Products Control Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Acquisition Reform and
Improvement Act of 2000''.
SEC. 2. MODIFICATION OF NOTIFICATION REQUIREMENT.
Section 7A(a) of the Clayton Act (15 U.S.C. 18a(a)) is amended to
read as follows:
``(a) Except as exempted pursuant to subsection (c), no person
shall acquire, directly or indirectly, any voting securities or assets
of any other person, unless both persons (or in the case of a tender
offer, the acquiring person) file notification pursuant to rules under
subsection (d)(1) and the waiting period described in subsection (b)(1)
has expired, if--
``(1) the acquiring person, or the person whose voting
securities or assets are being acquired, is engaged in commerce
or in any activity affecting commerce; and
``(2) as a result of such acquisition, the acquiring person
would hold an aggregate total amount of the voting securities
and assets of the acquired person--
``(A) in excess of $200,000,000 (as adjusted and
published for the first fiscal year beginning after
September 30, 2002, and each third fiscal year
thereafter, in the same manner as provided in section
8(a)(5) of this Act to reflect the percentage change in
the gross national product for such fiscal year
compared to the gross national product for the year
ending September 30, 2001); or
``(B)(i) in excess of $50,000,000 (as so adjusted
and published) but not in excess of $200,000,000 (as so
adjusted and published); and
``(ii)(I) any voting securities or assets of a
person engaged in manufacturing which has annual net
sales or total assets of $10,000,000 (as so adjusted
and published) or more are being acquired by any person
which has total assets or annual net sales of
$100,000,000 (as so adjusted and published) or more;
``(II) any voting securities or assets of a person
not engaged in manufacturing which has total assets of
$10,000,000 (as so adjusted and published) or more are
being acquired by any person which has total assets or
annual net sales of $100,000,000 (as so adjusted and
published) or more; or
``(III) any voting securities or assets of a person
with total assets or annual net sales of $100,000,000
(as so adjusted and published) or more are being
acquired by any person with total assets or annual net
sales of $10,000,000 (as so adjusted and published) or
more.
In the case of a tender offer, the person whose voting securities are
sought to be acquired by a person required to file notification under
this subsection shall file notification pursuant to rules under
subsection (d).''.
SEC. 3. INFORMATION AND DOCUMENTARY REQUESTS.
Section 7A(e)(1) of the Clayton Act (15 U.S.C. 18a(e)(1)) is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B)(i) The Assistant Attorney General and the Federal Trade
Commission shall each designate a senior official who does not have
direct responsibility for the review of any enforcement recommendation
under this section concerning the transaction at issue to hear any
petition filed by such person to determine--
``(I) whether the request for additional information or
documentary material is unreasonably cumulative, unduly
burdensome, or duplicative; or
``(II) whether the request for additional information or
documentary material has been substantially complied with by
the petitioning person.
``(ii) Internal review procedures for petitions filed pursuant to
clause (i) shall include reasonable deadlines for expedited review of
such petitions, after reasonable negotiations with investigative staff,
in order to avoid undue delay of the merger review process.
``(iii) Not later than 90 days after the date of the enactment of
the 21st Century Acquisition Reform and Improvement Act of 2000, the
Assistant Attorney General and the Federal Trade Commission shall
conduct an internal review and implement reforms of the merger review
process in order to eliminate unnecessary burden, remove costly
duplication, and eliminate undue delay, in order to achieve a more
effective and more efficient merger review process.
``(iv) Not later than 120 days after the date of the enactment of
the 21st Century Acquisition Reform and Improvement Act of 2000, the
Assistant Attorney General and the Federal Trade Commission shall issue
or amend their respective industry guidance, regulations, operating
manuals, and relevant policy documents, to the extent appropriate, to
implement each reform in this subparagraph.
``(v) Not later than 180 days after the date of the enactment of
the 21st Century Acquisition Reform and Improvement Act of 2000, the
Assistant Attorney General and the Federal Trade Commission shall each
report to Congress--
``(I) which reforms each agency has adopted under this
subparagraph;
``(II) which steps each agency has taken to implement
internal reforms under this subparagraph; and
``(III) the effects of such reforms.''.
SEC. 4. CALCULATION OF TIME PERIODS.
Section 7A of the Clayton Act (15 U.S.C. 18a) is amended--
(1) in subsection (e)(2), by striking ``20 days'' and
inserting ``30 days''; and
(2) by adding at the end the following:
``(k) If the end of any period of time provided in this section
falls on a Saturday, Sunday, or legal public holiday (as defined in
section 6103(a) of title 5, United States Code), then such period shall
be extended to the end of the next day that is not a Saturday, Sunday,
or legal public holiday.''.
SEC. 5. ADDITIONAL REQUIREMENTS FOR ANNUAL
REPORTS.
Section 7A(j) of the Clayton Act (15 U.S.C. 18a(j)) is amended--
(1) by inserting ``(1)'' after ``(j)''; and
(2) by adding at the end the following:
``(2) Beginning with the report filed in 2001, the Federal Trade
Commission, in consultation with the Assistant Attorney General, shall
include in the report to Congress required by this subsection--
``(A) the number of notifications filed under this section;
``(B) the number of notifications filed in which the
Assistant Attorney General or Federal Trade Commission
requested the submission of additional information or
documentary material relevant to the proposed acquisition;
``(C) data relating to the length of time for parties to
comply with requests for the submission of additional
information or documentary material relevant to the proposed
acquisition;
``(D) the number of petitions filed pursuant to rules and
regulations promulgated under this Act regarding a request for
the submission of additional information or documentary
material relevant to the proposed acquisition and the manner in
which such petitions were resolved;
``(E) data relating to the volume (in number of boxes or
pages) of materials submitted pursuant to requests for
additional information or documentary material; and
``(F) the number of notifications filed in which a request
for additional information or documentary materials was made
but never complied with prior to resolution of the case.''.
SEC. 6. CONFORMING AMENDMENTS TO CERTAIN REGULATIONS.
(a) In General.--The thresholds established by rule and promulgated
as 16 C.F.R. 802.20 shall be adjusted by the Federal Trade Commission
on January 1, 2003, and each third year thereafter, in the same manner
as is set forth in section 8(a)(5) of the Clayton Act (15 U.S.C.
19(a)(5)). The adjusted amount shall be rounded to the nearest
$1,000,000.
(b) Publication.--As soon as practicable, but not later than
January 31, 2003, and each third year thereafter, the Federal Trade
Commission shall publish the adjusted amount required by this
subsection (a).
SEC. 7. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the first day of the first month that begins more than 30 days after
the date of the enactment of this Act.
Passed the Senate October 19 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary. | (Sec. 3) Directs the Assistant Attorney General (AAG) and the Federal Trade Commission (FTC) to each designate a senior official who does not have direct responsibility for the review of an enforcement recommendation under the Act concerning the transaction at issue to hear any petition filed by the acquiring person or the person whose voting securities or assets are to be acquired, to determine whether the request for additional information or documentary material is unreasonably cumulative, unduly burdensome, or duplicative, or has been substantially complied with by the petitioning person. Requires that internal review procedures for such petitions include reasonable deadlines for expedited review of such petitions, after reasonable negotiations with investigative staff, in order to avoid undue delay of the merger review process.
Directs the AAG and the FTC: (1) within 90 days, to conduct an internal review and implement reforms of the merger review process in order to eliminate unnecessary burden, remove costly duplication, and eliminate undue delay; (2) within 120 days, to issue or amend their respective industry guidance, regulations, operating manuals, and relevant policy documents, where appropriate, to implement each reform in this section; and (3) within 180 days, to each report to Congress which reforms each agency has adopted under this section, which steps each agency has taken to implement internal reforms, and the effects of such reforms.
(Sec. 4) Amends the Clayton Act, with respect to calculating filing periods, to: (1) authorize the FTC or AAG to extend the 30-day waiting period for an additional 30 days after receipt of specified information; and (2) direct that if the end of a time period falls on a Saturday, Sunday, or holiday, that such period be extended to the end of the next day that is not a Saturday, Sunday, or holiday.
(Sec. 5) Directs the FTC, beginning with the annual report filed in 2001, to include in its report to Congress: (1) the number of notifications filed; (2) the number filed in which the AAG or FTC requested the submission of additional material relevant to the proposed acquisition; (3) data relating to the length of time for parties to comply with such requests; (4) the number of petitions filed and the manner in which they were resolved; (5) data relating to the volume of materials submitted pursuant to such requests; and (6) the number of notifications filed in which such requests were made but never complied with prior to resolution of the case.
(Sec. 6) Requires that the thresholds established by rule and promulgated in the Code of Federal Regulations be adjusted by the FTC on January 1, 2003, and each year thereafter, with the adjusted amount rounded to the nearest $1 million. Directs the FTC to publish the adjusted amount by January 31 of each year. | 21st Century Acquisition Reform and Improvement Act of 2000 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transportation
Security Workforce Enhancement Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Conversion of transportation security personnel.
Sec. 4. Transition rules.
Sec. 5. Consultation requirement.
Sec. 6. No right to strike.
Sec. 7. Regulations.
Sec. 8. Delegations to Assistant Secretary.
Sec. 9. Authorization of appropriations.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``covered position'' means--
(A) a position within the Transportation Security
Administration; and
(B) any position within the Department of Homeland
Security, not described in subparagraph (A), the duties
and responsibilities of which involve providing
transportation security in furtherance of the purposes
of the Aviation and Transportation Security Act (Public
Law 107-71), as determined by the Secretary;
(2) the term ``covered employee'' means an employee who
holds a covered position;
(3) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code;
(4) the term ``Secretary'' means the Secretary of Homeland
Security;
(5) the term ``Assistant Secretary'' means the official
within the Department of Homeland Security who is responsible
for overseeing and implementing transportation security
pursuant to the Aviation and Transportation Security Act,
whether designated as the Assistant Secretary of Homeland
Security (Transportation Security Administration), the
Administrator of the Transportation Security Administration,
the Undersecretary of Transportation for Security, or
otherwise;
(6) the term ``TSA personnel management system'' means any
personnel management system, as established or modified under--
(A) section 111(d) of the Aviation and
Transportation Security Act; or
(B) section 114(n) of title 49, United States Code;
(7) the term ``agency'' means an Executive agency, as
defined by section 105 of title 5, United States Code; and
(8) the term ``conversion date'' means the date as of which
paragraphs (1) through (3) of section 3(b) take effect.
SEC. 3. CONVERSION OF TRANSPORTATION SECURITY PERSONNEL.
(a) Termination of Certain Personnel Authorities.--Effective as of
the date of the enactment of this Act--
(1) each provision of law cited in section 2(6) is
repealed, and any authority to establish or modify a TSA
personnel management system under either such provision of law
shall terminate; and
(2) all authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions.
(b) Covered Employees and Positions Made Subject to Same Personnel
Management System as Applies to Civil Service Employees Generally.--
Effective as of the date determined by the Secretary, but in no event
later than 60 days after the date of the enactment of this Act--
(1) all TSA personnel management systems shall cease to be
effective;
(2) any human resources management system established or
adjusted under chapter 97 of title 5, United States Code, to
the extent otherwise applicable with respect to covered
employees or covered positions, shall cease to be effective;
and
(3) covered employees and covered positions shall become
subject to the provisions of title 5, United States Code, and
all other civil service laws which apply with respect to both--
(A) any employees and positions within the
Department of Homeland Security (other than covered
employees and covered positions, and disregarding the
effect of any action taken under chapter 97 of title 5,
United States Code); and
(B) employees and positions within agencies
generally (outside of the Department of Homeland
Security).
SEC. 4. TRANSITION RULES.
(a) Nonreduction in Rate of Pay.--Any conversion of an employee
from a TSA personnel management system to the provisions of law made
applicable with respect to such employee by section 3(b)(3) shall be
effected, under pay conversion rules prescribed by the Secretary,
without any reduction in the rate of basic pay payable to such
employee.
(b) Preservation of Other Rights.--In the case of each individual
who is a covered employee as of the conversion date, the Secretary
shall take any actions which may be necessary to ensure that--
(1) all service performed by such individual as a covered
employee before the conversion date shall be credited in the
determination of such individual's length of service as an
employee for purposes of applying the provisions of law
governing leave, pay, group life and health insurance,
severance pay, tenure, and status, which are made applicable
with respect to such individual by section 3(b)(3);
(2) all annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the employee, until used, so long as such
individual remains continuously employed by the Department of
Homeland Security; and
(3) the Government share of any premiums or other periodic
charges under the provisions of law governing group health
insurance shall remain the same as was the case immediately
before the conversion date, so long as such individual remains
continuously employed by the Department of Homeland Security.
(c) Pending Proceedings.--No provision of this Act shall affect any
administrative or judicial proceeding commenced before the date of the
enactment of this Act. Determinations in any such proceeding shall be
made and appeals therefrom shall be taken as if this Act had not been
enacted.
SEC. 5. CONSULTATION REQUIREMENT.
(a) Qualified Labor Organization.--For purposes of this section,
the term ``qualified labor organization'' means a labor organization
which, as of the date of the enactment of this Act--
(1) satisfies the definition of a labor organization under
section 7103(a)(4) of title 5, United States Code; and
(2) is receiving through payroll deductions, from at least
1,000 covered employees, dues payable to the labor
organization.
(b) Consultation Rights.--A qualified labor organization--
(1) shall, within 14 days after the date of the enactment
of this Act, be informed by the Secretary in writing of the
plans in accordance with which the Secretary intends to carry
out the conversion of covered employees and covered positions
under this Act, including with respect to such matters as--
(A) the proposed conversion date; and
(B) measures to ensure compliance with section 4;
and
(2) shall be afforded a reasonable opportunity to present
its views and recommendations regarding those plans.
(c) Required Agency Response.--If any views or recommendations are
presented under subsection (b)(2) by a labor organization, the
Secretary--
(1) shall consider the views or recommendations before
taking final action on any matter with respect to which the
views or recommendations are presented; and
(2) shall provide the labor organization a written
statement of the reasons for the final actions to be taken.
(d) Rule of Construction Regarding Exclusive Representation.--
Nothing in this section shall be considered--
(1) to permit or require the application, or the continued
application, of subsection (b) or (c) if any labor organization
has been accorded exclusive recognition with respect to all
covered employees; or
(2) to limit the right of any agency or exclusive
representative to engage in collective bargaining.
(e) Sunset Provision.--The provisions of this section shall cease
to be effective as of the conversion date.
SEC. 6. NO RIGHT TO STRIKE.
Nothing in this Act shall be considered--
(1) to repeal or otherwise affect--
(A) section 1918 of title 18, United States Code
(relating to disloyalty and asserting the right to
strike against the Government); or
(B) section 7311 of title 5, United States Code
(relating to loyalty and striking); or
(2) to otherwise authorize any activity which is not
permitted under either provision of law cited in paragraph (1).
SEC. 7. REGULATIONS.
The Secretary may prescribe any regulations necessary to carry out
this Act.
SEC. 8. DELEGATIONS TO ASSISTANT SECRETARY.
The Secretary may, with respect to any authority or function vested
in the Secretary under any of the preceding provisions of this Act,
delegate any such authority or function to the Assistant Secretary
under such terms, conditions, and limitations, including the power of
redelegation, as the Secretary considers appropriate.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Transportation Security Workforce Enhancement Act of 2009 - Terminates certain authorities under the Transportation Security Administration (TSA) personnel management system with respect to TSA employees under the Aviation and Transportation Security Act and related law, including all authority to establish or adjust a human resources management system.
Subjects TSA employees (including screeners) to the protections of the federal civil service system, including the right to collective bargaining, compensation, leave, health, and other employee rights. Prohibits any reduction in rate of pay or certain other rights of TSA employees upon conversion from the TSA personnel system to the federal civil service system.
Requires the Secretary of Homeland Security, within 14 days after enactment of this Act, to: (1) inform the TSA employees' qualified labor organization in writing of the conversion plans; and (2) afford the organization a reasonable opportunity to present its views and recommendations. Requires the Secretary to consider such views or recommendations before taking final action and give the organization a written statement of the reasons for such final actions.
Declares that nothing in this Act shall be considered to repeal or otherwise affect specified federal laws prohibiting strikes against the U.S. Government.
Authorizes appropriations. | To enhance the transportation security functions of the Department of Homeland Security by providing for an enhanced personnel system for employees of the Transportation Security Administration, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Protective Service
Improvement and Accountability Act of 2015''.
SEC. 2. FEDERAL PROTECTIVE SERVICE INSPECTORS AND CONTRACT OVERSIGHT
FORCE.
(a) In General.--Section 1315 of title 40, United States Code, is
amended by--
(1) redesignating subsections (c) through (g) as
subsections (h) through (l), respectively; and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Inspectors.--
``(1) In general.--The Secretary, acting through the
Director of the Federal Protective Service, shall maintain not
fewer than 1,870 full-time equivalent positions in the Federal
Protective Service, with not fewer than 1,350 of such positions
designated for fully trained Federal law enforcement officers.
``(2) Classification.--Positions in the Federal Protective
Service inspector force may be designated as one of two
functional categories:
``(A) Facility security assessment.--Federal
Facility Security Officers, who shall be responsible
for--
``(i) performing facility security
assessments at facilities protected by the
Federal Protective Service, including contract
guard post inspections;
``(ii) making security countermeasure
recommendations for such facilities;
``(iii) participating in security training
and disseminating homeland security
information, consistent with applicable
protocols and protections, to occupants and
security guards, including contract guards, of
such facilities; and
``(iv) assessing, on an ongoing basis, the
security of such facilities and the extent to
which security countermeasure recommendations
have been implemented for such facilities.
``(B) Security enforcement and investigations.--Law
enforcement officers, who shall be responsible for--
``(i) patrolling and on-site monitoring of
the physical security, including perimeter
security, of facilities protected by the
Federal Protective Service;
``(ii) investigations at such facilities;
and
``(iii) physical law enforcement at such
facilities in the event of a terrorist attack,
security incident, or other incident.
``(d) Contract Oversight.--
``(1) In general.--The Secretary, acting through the
Director of the Federal Protective Service, shall establish the
Federal Protective Service contract oversight force, which
shall consist of full-time equivalent positions and who shall
be responsible for, in coordination with the Federal Protective
Service inspector force--
``(A) monitoring contracts, contractors, and
contract guards provided by contractors;
``(B) carrying out annual evaluations of
performance by contractors that provide contract guard
services to the Federal Protective Service; and
``(C) verifying that contract guards have necessary
training and certification.
``(2) Limitation on performance of functions.--The contract
oversight functions described in paragraph (1) may not be
performed by law enforcement officers or other individuals
employed pursuant to subsection (c).
``(e) Uniform Minimum Standards.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary, acting through
the Director of the Federal Protective Service, shall establish
uniform minimum training and certification standards for
security guard services at facilities protected by the Federal
Protective Service.
``(2) Limitation.--Upon establishment of minimum training
and certification standards pursuant to paragraph (1), the
Secretary, acting through the Director of the Federal
Protective Service, shall require that all contracts for
security guard services comply with such standards.
``(f) Verification.--Not later than 180 days after the
establishment of minimum training and certification standards for
security services pursuant to subsection (e), the Secretary, acting
through the Director of the Federal Protective Service, shall establish
a process to verify the accuracy of training and certification data
maintained by the Federal Protective Service.
``(g) Covert Testing.--The Secretary shall develop and implement a
strategy for using covert-testing data and data on prohibited items to
improve screening at facilities protected by the Federal Protective
Service. Such strategy should, at a minimum, require that--
``(1) covert-testing data is used to monitor, review, and
improve performance nationwide;
``(2) covert-testing data is used to determine which
testing scenarios will be implemented or reinstated; and
``(3) data on prohibited items are analyzed to determine
the reasons for wide variations in the number of reported
prohibited-items detected across such facilities and to assist
with managing the screening process and informing policy.''.
(b) Screener and Active Shooter Training.--Not later than 120 days
after the date of the enactment of this Act, the Director of the
Federal Protective Service shall, on an ongoing basis, determine which
individuals in guard positions have not successfully completed--
(1) training on the effective utilization of screening
equipment, such as x-ray and magnetometer equipment, and
(2) active shooter scenario-based training, and
provide such training to such individuals.
SEC. 3. COMPLIANCE WITH INTERAGENCY SECURITY COMMITTEE MINIMUM SECURITY
STANDARDS.
(a) Findings.--Congress finds the following:
(1) On October 19, 1995, six months after the Oklahoma City
bombing of the Alfred P. Murrah Federal Building, President
Clinton issued Executive Order 12977, creating the Interagency
Security Committee to address continuing Government-wide
security for Federal facilities. The Committee's mandate is to
enhance the quality and effectiveness of physical security in,
and the protection of, non-military Federal facilities in the
United States, whether Government-owned, -leased, or -managed.
Today, the Committee is comprised of chief security officers
and other senior executives from 54 Federal agencies and
departments.
(2) On September 7, 2012, the primary members of the
Interagency Security Committee approved ``The Risk Management
Process: An Interagency Security Committee Standard'', which
was issued in August 2013.
(3) Consistent with Executive Order 12977, ``The Risk
Management Process: An Interagency Security Committee
Standard'' is intended to be applied to all facilities in the
United States occupied by Federal employees for non-military
activities. This standard defines the criteria and processes
that those individuals responsible for the security of such a
facility should use to determine such a facility's security
level, and provides an integrated, single source of physical
security countermeasures for all such non-military Federal
facilities.
(b) Sense of Congress.--It is the sense of Congress that the
Interagency Security Committee standards for Federal facilities
established by the Interagency Security Committee in the document
entitled ``The Risk Management Process: An Interagency Security
Committee Standard'' published in August 2013 and successor documents
should be utilized, as appropriate, to protect all non-military Federal
facilities.
(c) Assessment.--The Secretary of Homeland Security shall submit to
the Committee on Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate an assessment of the degree to which the standards specified in
the ``The Risk Management Process: An Interagency Security Committee
Standard'', approved by the Interagency Security Committee, is utilized
by all non-military Federal facilities and what, if any, barriers exist
to utilization of such standards.
SEC. 4. RESEARCH.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Director of the Federal Protective Service, shall commence
a one-year pilot program to research the advantages of converting guard
positions at the highest-risk Federal facilities protected by the
Federal Protective Service from contract guard positions to positions
held by Federal employees.
(b) Requirements.--At a minimum, the Secretary of Homeland Security
shall conduct the pilot program described in subsection (a) at one
level III facility and one level IV facility in each of Federal
Protective Service regions I, III, V, and VII, by hiring individuals to
fill guard positions at each facility that participates in such pilot
program in accordance with subsection (c).
(c) Federal Facility Security Guard Position.--
(1) In general.--For purposes of this section, and subject
to the availability of appropriations for such purpose, the
Secretary of Homeland Security, acting through the Director of
the Federal Protective Service, shall establish and hire
individuals for a Federal facility security guard position.
(2) Training.--The Secretary of Homeland Security, acting
through the Director of the Federal Protective Service, shall
provide to individuals hired pursuant to paragraph (1) training
in--
(A) performing the physical security for a Federal
facility, including access point controls and security
countermeasure operations;
(B) participating in information sharing and
dissemination of homeland security information,
consistent with applicable protocols and protections;
and
(C) responding to specific security incidents,
including preparing for and responding to an act of
terrorism, that can occur at a Federal facility,
including response with force if necessary.
(3) Limitation.--Individuals hired pursuant to paragraph
(1) may not be Federal law enforcement officers.
(d) Temporary Assignments.--The Secretary of Homeland Security may
assign, on a temporary basis, existing personnel employed by the
Federal Protective Service, on a temporary basis, to facilities that
participate in the pilot program described in subsection (a) to perform
security guard services under subsection (c) in furtherance of the such
program, if the Secretary determines that individuals cannot be hired
and trained pursuant to such subsection in a timely manner.
(e) Maintenance of Law Enforcement Personnel.--Notwithstanding any
other provision of this section, the Secretary of Homeland Security,
acting through the Director of the Federal Protective Service, shall
maintain at each level III and level IV Federal facility protected by
the Federal Protective Service such number of Federal law enforcement
officers as is necessary to provide arrest authority and law
enforcement support at each such facility, including support for
Federal facility security guards hired pursuant to subsection (c) at
each such facility, in the event of a terrorist attack, security
incident, or other incident.
(f) Departmental Evaluation.--Not later than 120 days after the
completion of the pilot program described in subsection (a), the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Comptroller General of the United States a report on such program that
includes information on performance, including screener performance, of
individuals participating in such program, and presented in a format
that is able to be compared to prior covert testing data collected by
the Comptroller General regarding contract guard performance.
(g) Comptroller General Report.--Not later than 120 days after the
receipt of the departmental evaluation under subsection (f), the
Comptroller General of the United States shall submit to the Committee
on Homeland Security of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs of the Senate a report
that evaluates how the Department of Homeland Security carried out such
pilot program, reviews the Secretary of Homeland Security's evaluation
of performance under such subsection, and, to the degree practicable,
compares the Secretary's evaluation with the results of previous
Comptroller General reports evaluating the performance and oversight of
the Federal Protective Service's contract guard program.
(h) Implementation.--Unless the Secretary of Homeland Security
determines in the evaluation required under subsection (f) that overall
performance was not acceptable of the individuals participating in the
pilot program described in subsection (a), the Secretary, acting
through the Director of the Federal Protective Service, shall, to the
degree practicable, maintain Federal employees as Federal facility
security guards at all level III and level IV Federal facilities
protected by the Federal Protective Service.
(i) Funding Assessment.--The Secretary of Homeland Security shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate an assessment that shall include--
(1) an assessment of the extent to which the current fee-
based system adequately funds the Federal Protective Service's
programs and activities;
(2) an assessment of the appropriateness and adaptability
of the structure of the fees charged to occupants of Federal
facilities protected by the Federal Protective Service, and the
degree to which such structure takes into account the actual
costs incurred by the Federal Protective Service, particularly
with respect to those instances in which the Federal Protective
Service provides heightened security in response to information
on current threats;
(3) an assessment of the extent to which such fee-based
system impedes the Federal Protective Service from executing
its operations and implementing oversight, inspections, and
security enhancements;
(4) recommendations, as appropriate, for alterations to the
current system and alternative funding approaches (including a
mix of fees and appropriations); and
(5) options to mitigate challenges in budgeting, such as an
alternative account structure to increase flexibility, while
maintaining accountability and transparency.
(j) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2016, 2017, and 2018 such sums as
may be necessary to carry out this section. | Federal Protective Service Improvement and Accountability Act of 2015 Directs the Federal Protective Service (FPS) to maintain not fewer than 1,870 full-time equivalent positions, with at least 1,350 of such positions designated for fully trained federal law enforcement officers. Authorizes positions in the FPS inspector force to be designated as: (1) Federal Facility Security Officers responsible for performing security assessments at facilities protected by FPS, making security countermeasure recommendations for such facilities, participating in security training and disseminating homeland security information to occupants and security guards of such facilities, and assessing the security of such facilities and the extent to which security countermeasure recommendations have been implemented; or (2) law enforcement officers responsible for patrolling and on-site monitoring of the physical security of FPS-protected facilities, conducting investigations at such facilities, and providing physical law enforcement at such facilities in the event of a terrorist attack, security incident, or other incident. Directs FPS to: (1) establish the FPS contract oversight force responsible for overseeing contract guards, (2) establish uniform minimum training and certification standards for security guard services at FPS-protected facilities, (3) establish a process to verify the accuracy of training and certification data maintained by FPS, and (4) provide training to individuals in guard positions who have not successfully completed training on the effective utilization of screening equipment and active shooter scenario-based training. Directs the Department of Homeland Security (DHS) to: (1) develop and implement a strategy for using covert-testing data and data on prohibited items to improve screening at facilities protected by FPS, and (2) submit an assessment of the degree to which the standards specified in the "The Risk Management Process: An Interagency Security Committee Standard" are utilized by all non-military federal facilities and of any barriers to utilizing such standards. Requires FPS to: (1) commence a one-year pilot program to research the advantages of converting guard positions at the highest-risk federal facilities protected by FPS from contract guard positions to positions held by federal employees; and (2) establish, and hire individuals for, a federal facility security guard position. | Federal Protective Service Improvement and Accountability Act of 2015 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Family Values Tax
Relief Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. REPEAL OF OVERALL LIMITATION ON ITEMIZED DEDUCTIONS.
(a) In General.--Section 68 (relating to overall limitation on
itemized deductions) is hereby repealed.
(b) Technical Amendments.--
(1) Subparagraph (A) of section 1(f)(6) is amended by
striking ``section 68(b)(2)''.
(2) Paragraph (1) of section 56(b) is amended by striking
subparagraph (F).
(3) Subparagraph (B) of section 773(a)(3) is amended by
striking clause (i) and by redesignating clauses (ii), (iii),
and (iv) as clauses (i), (ii), and (iii), respectively.
(4) The table of sections for part I of subchapter B of
chapter 1 is amended by striking the item relating to section
68.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. REPEAL OF PHASEOUT OF PERSONAL EXEMPTIONS.
(a) In General.--Subsection (d) of section 151 (relating to
exemption amount) is amended by striking paragraph (3).
(b) Technical Amendments.--
(1) Paragraph (6) of section 1(f) is amended--
(A) by striking ``section 151(d)(4)'' in
subparagraph (A) and inserting ``section 151(d)(3)'',
and
(B) by striking ``section 151(d)(4)(A)'' in
subparagraph (B) and inserting ``section 151(d)(3)''.
(2) Paragraph (4) of section 151(d) is amended to read as
follows:
``(3) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 1989, the dollar amount
contained in paragraph (1) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, by substituting `calendar year
1988' for `calendar year 1992' in subparagraph (B)
thereof.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 4. REPEAL OF ADJUSTED GROSS INCOME LIMITATION IN CHILD TAX CREDIT.
(a) In General.--Section 24 (relating to child tax credit) is
amended by striking subsection (b) and by redesignating subsections (c)
through (f) as subsections (b) through (e), respectively.
(b) Conforming Amendment.--Clause (ii) of section 32(n)(1)(B) is
amended by striking ``section 24(d)'' and inserting ``section 24(c)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 5. REPEAL OF ALTERNATIVE MINIMUM TAX ON INDIVIDUALS.
(a) In General.--Subsection (a) of section 55 (relating to
alternative minimum tax imposed) is amended by adding at the end the
following new flush sentence:
``Except in the case of a corporation, no tax shall be imposed by this
section for any taxable year beginning after December 31, 2000, and the
tentative minimum tax of any taxpayer other than a corporation shall be
zero for purposes of this title.''
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 1(g)(7) is amended by
adding ``and'' at the end of clause (i), by striking ``, and''
at the end of clause (ii) and inserting a period, and by
striking clause (iii).
(2) Section 2(d) is amended by striking ``sections 1 and
55'' and inserting ``section 1''.
(3) Section 5(a) is amended by striking paragraph (4).
(4) Subsection (c) of section 24, as redesignated by
section 4, is amended by striking paragraph (2) and by
redesignating paragraph (3) as paragraph (2).
(5)(A) Subsection (a) of section 26 is amended to read as
follows:
``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the taxpayer's regular tax liability for the taxable year.''
(B) Subsection (c) of section 26 is amended by inserting
before the period ``; except that such amount shall be treated
as being zero in the case of a taxpayer other than a
corporation.''
(6) Paragraph (6) of section 29(b) is amended to read as
follows:
``(6) Application with other credits.--The credit allowed
by subsection (a) for any taxable year shall not exceed the
regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and section 27. In the case
of a corporation, the limitation under the preceding sentence
shall be reduced (but not below zero) by the tentative minimum
tax for the taxable year.''.
(7) Paragraph (3) of section 30(b) is amended to read as
follows:
``(3) Application with other credits.--The credit allowed
by subsection (a) for any taxable year shall not exceed the
regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and sections 27 and 29. In
the case of a corporation, the limitation under the preceding
sentence shall be reduced (but not below zero) by the tentative
minimum tax for the taxable year.''.
(8) Section 32 is amended by striking subsection (h).
(9) Subsection (d) of section 53(d) is amended to read as
follows:
``(d) Definitions.--For purposes of this section--
``(1) Net minimum tax.--The term `net minimum tax' means
the tax imposed by section 55 increased by the amount of the
credit not allowed under section 29 (relating to credit for
producing fuel from a nonconventional source) solely by reason
of the application of the last sentence of section 29(b)(6), or
not allowed under section 30 solely by reason of the
application of the last sentence of section 30(b)(3).
``(2) Tentative minimum tax.--The term `tentative minimum
tax' has the meaning given to such term by section 55(b);
except that such tax shall be treated as being zero in the case
of a taxpayer other than a corporation.''.
(10)(A) Subsection (b) of section 55 (relating to
alternative minimum tax imposed) is amended to read as follows:
``(b) Tentative Minimum Tax.--For purposes of this part--
``(1) Amount of tentative tax.--The tentative minimum tax
for the taxable year is--
``(A) 20 percent of so much of the alternative
minimum taxable income for the taxable year as exceeds
the exemption amount, reduced by
``(B) the alternative minimum tax foreign tax
credit for the taxable year.
``(2) Alternative minimum taxable income.--The term
`alternative minimum taxable income' means the taxable income
of the taxpayer for the taxable year--
``(A) determined with the adjustments provided in
section 56, and
``(B) increased by the amount of the items of tax
preference described in section 57.
If a taxpayer is subject to the regular tax, such taxpayer
shall be subject to the tax imposed by this section (and, if
the regular tax is determined by reference to an amount other
than taxable income, such amount shall be treated as the
taxable income of such taxpayer for purposes of the preceding
sentence).''.
(B) Subsection (d) of section 55 is amended to read as
follows:
``(d) Exemption Amount.--For purposes of this section--
``(1) In general.--The term `exemption amount' means
$40,000.
``(2) Phase-out of exemption amount.--The exemption amount
of any taxpayer shall be reduced (but not below zero) by an
amount equal to 25 percent of the amount by which the
alternative minimum taxable income of the taxpayer exceeds
$150,000.''.
(11)(A) Paragraph (6) of section 56(a) is amended to read
as follows:
``(6) Adjusted basis.--The adjusted basis of any property
to which paragraph (1) or (5) applies (or with respect to which
there are any expenditures to which paragraph (2) applies)
shall be determined on the basis of the treatment prescribed in
paragraph (1), (2), or (5), whichever applies.''.
(B) Section 56 is amended by striking subsection (b).
(C) Subsection (c) of section 56 is amended by striking so
much of the subsection as precedes paragraph (1), by
redesignating paragraphs (1), (2), and (3) as paragraphs (8),
(9), and (10), respectively, and moving them to the end of
subsection (a).
(D) Paragraph (8) of section 56(a), as redesignated by
subparagraph (C), is amended by striking ``subsection (g)'' and
inserting ``subsection (c)''.
(E) Section 56 is amended by striking subsection (e) and by
redesignating subsections (d) and (g) as subsections (b) and
(c), respectively.
(12)(A) Section 58 is hereby repealed.
(B) Clause (i) of section 56(b)(2)(A) (as redesignated by
paragraph (11)(E)), is amended by inserting ``, in the case of
taxable years beginning before January 1, 2001,'' before
``section 58''.
(C) Subsection (h) of section 59 is amended--
(i) by striking ``, 465, and 1366(d)'' and
inserting ``and 465'', and
(ii) by striking ``56, 57, and 58'' and inserting
``56 and 57''.
(13)(A) Subparagraph (C) of section 59(a)(1) is amended by
striking ``subparagraph (A)(i) or (B)(i) of section 55(b)(1)
(whichever applies)'' and inserting ``section 55(b)(1)(A)''.
(B) Paragraph (3) of section 59(a) is amended to read as
follows:
``(3) Pre-credit tentative minimum tax.--For purposes of
this subsection, the term `pre-credit tentative minimum tax'
means the amount determined under section 55(b)(1)(A).''.
(C) Section 59 is amended by striking subsection (c).
(D) Section 59 is amended by striking subsection (j).
(14) Paragraph (7) of section 382(l) is amended by striking
``section 56(d)'' and inserting ``section 56(b)''.
(15) Paragraph (2) of section 641(c) is amended by striking
subparagraph (B) and by redesignating subparagraphs (C) and (D)
as subparagraphs (B) and (C), respectively.
(16) Subsections (b) and (c) of section 666 are each
amended by striking ``(other than the tax imposed by section
55)''.
(17) Subsections (c)(5) and (d)(3)(B) of section 772 are
each amended by striking ``56, 57, and 58'' and inserting ``56
and 57''.
(18) Sections 847 and 848(i) are each amended by striking
``section 56(g)'' and inserting ``section 56(c)''.
(19) Sections 871(b)(1) and 877(b) are each amended by
striking ``or 55''.
(20) Subsection (a) of section 897 is amended to read as
follows:
``(a) General Rule.--For purposes of this title, gain or loss of a
nonresident alien individual or a foreign corporation from the
disposition of a United States real property interest shall be taken
into account--
``(1) in the case of a nonresident alien individual, under
section 871(b)(1), or
``(2) in the case of a foreign corporation, under section
882(a)(1),
as if the taxpayer were engaged in a trade or business within the
United States during the taxable year and as if such gain or loss were
effectively connected with such trade or business.''.
(21) Paragraph (1) of section 962(a) is amended by striking
``sections 1 and 55'' and inserting ``section 1''.
(22) Paragraph (1) of section 1397E(c) is amended to read
as follows:
``(1) the regular tax liability (as defined in section
26(b), over''.
(23) The last sentence of section 1563(a) is amended by
striking ``section 55(d)(3)'' and inserting ``section
55(d)(2)''.
(24) Subparagraph (B) of section 6015(d)(2) is amended by
striking ``or 55''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Family Values Tax Relief Act of 2001 - Amends the Internal Revenue Code to repeal the: (1) overall limitation on itemized deductions; (2) phaseout of personal exemptions; and (3) adjusted gross income limitation on the child tax credit; and (4) alternative minimum tax on individuals. | To amend the Internal Revenue Code of 1986 to repeal the adjusted gross income limitations on itemized deductions, the personal exemption deduction, and the child tax credit and to repeal the alternative minimum tax on individuals. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ARPA-E Reauthorization Act of
2010''.
SEC. 2. ARPA-E AMENDMENTS.
Section 5012 of the America COMPETES Act (42 U.S.C. 16538) is
amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A), by inserting ``and
applied'' after ``advances in fundamental'';
(B) by striking ``and'' at the end of subparagraph
(B);
(C) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(D) by adding at the end the following new
subparagraph:
``(D) promoting the commercial application of
advanced energy technologies.'';
(2) in subsection (e)(3), by amending subparagraph (C) to
read as follows:
``(C) research and development of advanced
manufacturing process and technologies for the domestic
manufacturing of novel energy technologies; and'';
(3) by redesignating subsections (f) through (m) as
subsections (g), (h), (i), (j), (l), (m), (n), and (o),
respectively;
(4) by inserting after subsection (e) the following new
subsection:
``(f) Awards.--In carrying out this section, the Director shall
initiate and execute awards in the form of grants, contracts,
cooperative agreements, cash prizes, and other transactions.'';
(5) in subsection (g), as so redesignated by paragraph (3)
of this section--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) by inserting before paragraph (2), as so
redesignated by subparagraph (A) of this paragraph, the
following new paragraph:
``(1) In general.--The Director shall establish and
maintain within ARPA-E a staff, including legal counsel,
contracting personnel, and program directors, with sufficient
qualifications and expertise to enable ARPA-E to carry out its
responsibilities under this section separate and distinct from
the operations of the rest of the Department.'';
(C) in paragraph (2)(A), as so redesignated by
subparagraph (A) of this paragraph, by striking ``each
of'';
(D) in paragraph (2)(B), as so redesignated by
subparagraph (A) of this paragraph--
(i) in clause (iv), by striking ``, with
advice under subsection (j) as appropriate,'';
(ii) by redesignating clauses (v) and (vi)
as clauses (vi) and (viii), respectively;
(iii) by inserting after clause (iv) the
following new clause:
``(v) identifying innovative cost-sharing
arrangements for ARPA-E projects, including
through use of the authority under section
988(b)(3) of the Energy Policy Act of 2005 (42
U.S.C. 16352(b)(3));'';
(iv) in clause (vi), as so redesignated by
clause (ii) of this subparagraph, by striking
``; and'' and inserting a semicolon; and
(v) by inserting after clause (vi), as so
redesignated by clause (ii) of this
subparagraph, the following new clause:
``(vii) identifying mechanisms for
commercial application of successful energy
technology development projects, including
through establishment of partnerships between
awardees and commercial entities; and'';
(E) in paragraph (2)(C), as so redesignated by
subparagraph (A) of this paragraph, by inserting ``up
to'' after ``shall be'';
(F) in paragraph (3), as so redesignated by
subparagraph (A) of this paragraph, by striking
subparagraph (B) and redesignating subparagraphs (C)
and (D) as subparagraphs (B) and (C), respectively;
(G) by striking ``program managers'' each place it
appears and inserting ``program directors'';
(H) by striking ``program manager'' each place it
appears and inserting ``program director''; and
(I) by adding at the end the following new
paragraph:
``(4) Fellowships.--The Director is authorized to select
exceptional early career and senior scientific, legal,
business, and technical personnel to serve as fellows to work
at ARPA-E for terms not to exceed two years. Responsibilities
of fellows may include--
``(A) supporting program managers in program
creation, design, implementation, and management;
``(B) exploring technical fields for future ARPA-E
program areas;
``(C) assisting the Director in the creation of the
strategic vision for ARPA-E referred to in subsection
(h)(2);
``(D) preparing energy technology and economic
analyses; and
``(E) any other appropriate responsibilities
identified by the Director.'';
(6) in subsection (h)(2), as so redesignated by paragraph
(3) of this section--
(A) by striking ``2008'' and inserting ``2010'';
and
(B) by striking ``2011'' and inserting ``2013'';
(7) by amending subsection (j), as so redesignated by
paragraph (3) of this section, to read as follows:
``(j) Federal Demonstration of Technologies.--The Director shall
seek opportunities to partner with purchasing and procurement programs
of Federal agencies to demonstrate energy technologies resulting from
activities funded through ARPA-E.'';
(8) by inserting after such subsection (j) the following
new subsection:
``(k) Events.--The Director is authorized to convene, organize, and
sponsor events that further the objectives of ARPA-E, including events
that assemble awardees, the most promising applicants for ARPA-E
funding, and a broad range of ARPA-E stakeholders (which may include
members of relevant scientific research and academic communities,
government officials, financial institutions, private investors,
entrepreneurs, and other private entities), for the purposes of--
``(1) demonstrating projects of ARPA-E awardees;
``(2) demonstrating projects of finalists for ARPA-E awards
and other energy technology projects;
``(3) facilitating discussion of the commercial application
of energy technologies developed under ARPA-E and other
government-sponsored research and development programs; or
``(4) such other purposes as the Director considers
appropriate.'';
(9) in subsection (m)(1), as so redesignated by paragraph
(3) of this section, by striking ``4 years'' and inserting ``6
years'';
(10) in section (m)(2)(B), as so redesignated by paragraph
(3) of this section, by inserting ``, and how those lessons may
apply to the operation of other programs within the Department
of Energy'' after ``ARPA-E'';
(11) by amending subsection (o)(2), as so redesignated by
paragraph (3) of this section, to read as follows:
``(2) Authorization of appropriations.--Subject to
paragraph (4), there are authorized to be appropriated to the
Director for deposit in the Fund, without fiscal year
limitation--
``(A) $300,000,000 for fiscal year 2011;
``(B) $500,000,000 for fiscal year 2012;
``(C) $700,000,000 for fiscal year 2013;
``(D) $900,000,000 for fiscal year 2014;
``(E) $1,000,000,000 for fiscal year 2015; and
``(F) such sums as are necessary for each of fiscal
years 2016 through 2020.''; and
(12) in subsection (o), as so redesignated by paragraph (3)
of this section, by--
(A) striking paragraph (4); and
(B) redesignated paragraph (5) as paragraph (4). | ARPA-E Reauthorization Act of 2010 - Amends the America COMPETES Act to instruct the Advanced Research Projects Agency-Energy (ARPA-E) of the Department of Energy (DOE) to achieve the goals of ARPA-E through energy technology projects which: (1) identify and promote revolutionary advances in applied sciences; and (2) promote the commercial application of advanced energy technologies.
Includes as a responsibility of the Director of ARPA-E the research and development of advanced manufacturing process and technologies for the domestic manufacturing of novel energy technologies.
Requires the Director to: (1) make awards through grants, contracts, cooperative agreements, cash prizes, and other transactions to carry out ARPA-E; and (2) establish within ARPA-E a staff to enable ARPA-E to carry out its responsibilities separately and distinctly from the operations of the rest of DOE.
Includes as responsibilities of program directors the identification of: (1) innovative cost-sharing arrangements for ARPA-E projects; and (2) mechanisms for commercial application of successful energy technology development projects.
Authorizes the Director to select exceptional early career and senior scientific, legal, business, and technical personnel to serve as fellows to work at ARPA-E for two-year terms.
Extends the deadlines for submission of the strategic vision roadmaps to Congress.
Instructs the Director to seek opportunities to partner with purchasing and procurement programs of federal agencies to demonstrate energy technologies resulting from activities funded through ARPA-E.
Authorizes the Director to convene events that further ARPA-E objectives, including events that facilitate discussion of the commercial application of energy technologies.
Authorizes appropriations for FY2011-FY2020 to the Director to carry out the purposes of ARPA-E. | To reauthorize the Advanced Research Projects Agency-Energy, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earned Income Credit Public
Awareness Campaign Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 2001, the earned income credit provided over
$30,000,000,000 in tax relief to 18,500,000 low-income
taxpayers.
(2) The earned income credit is the second largest program,
after Medicaid, that provides assistance to low-income
individuals combating poverty.
(3) Data from the United States Census Bureau Current
Population Survey indicates that in 1999, the earned income
credit assisted 4,700,000 people, including 2,600,000 children
of low-income workers, to rise above the poverty line.
(4) Each year, between 15 and 25 percent of those who are
eligible to receive the earned income credit fail to claim
their credit, either because they are unaware of it or cannot
obtain the assistance they may need to properly complete the
appropriate tax return.
(5) Lack of education, language barriers, fear or
intimidation, limited financial resources, and unawareness of
the earned income credit all contribute to low-income families
and individuals not taking advantage of the credit.
(6) The Taxpayer Advocate's Fiscal Year 2002 Annual Report
notes, ``The laws and regulations governing family status in
the Internal Revenue Code are numerous and complex. As a
result, taxpayers must often seek the service of paid tax
preparers to claim credits and benefits on returns. Low income
taxpayers are particularly susceptible to this need. They rely
extensively on paid preparers to assist in navigating the
intricacies of the Earned Income Tax Credit''.
(7) 2002 Internal Revenue Service data indicates that
nearly 68 percent of earned income credit recipients pay
someone to prepare their tax returns, and fewer than 1 in 10
have their tax returns prepared for free by the Volunteer
Income Tax Assistance program.
(8) An estimated $994,000,000 in earned income credit
refunds were paid by the taxpayer directly to tax preparers and
related businesses for costs associated with preparation,
filing, loans, and check cashing.
(9) Many low-income families and individuals are
disproportionately disadvantaged in meeting the financial
obligation of hiring tax preparers and purchasing tax
preparation products.
(10) According to the Taxpayer Advocate's Fiscal Year 2002
Annual Report, ``The Internal Revenue Service must undertake a
significant consumer education campaign so that low income
taxpayers are able to make informed choices between tax
preparers and tax preparation products''.
(11) Increasing public awareness about the earned income
credit will lead to increased utilization of the credit by low-
income families and individuals.
SEC. 3. EARNED INCOME TAX CREDIT AWARENESS CAMPAIGN.
(a) Establishment of National Campaign.--The Commissioner of
Internal Revenue (hereafter in this Act referred to as the
``Commissioner'') shall establish and carry out a national public
awareness campaign to educate Americans of the availability of the
credit allowable under section 32 of the Internal Revenue Code of 1986
(hereafter in this Act referred to as the ``earned income credit''.
(b) Special Targeted Campaign.--In carrying out subsection (a), the
Commissioner shall make special efforts to conduct outreach to--
(1) low-income families and individuals;
(2) students;
(3) single parents;
(4) businesses and corporations;
(5) limited English proficient individuals;
(6) transient workers; and
(7) military personnel.
(c) Educational Activities.--In carrying out subsection (a), the
Commissioner shall make special efforts to--
(1) produce and distribute educational materials to be
distributed nationwide to groups identified under subsection
(b);
(2) conduct a targeted media campaign highlighting the
earned income tax credit;
(3) encourage businesses and corporations to make available
and distribute educational materials produced under paragraph
(1) to their employees; and
(4) make educational materials available to public
libraries, post offices, State agencies, and other public
locations where tax information and forms are readily available
or tax preparation services are offered.
(d) Reports to Congress.--
(1) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Commissioner shall submit to the Congress a report detailing
the activities carried out by the Commissioner under this
section and section 5 of this Act and recommendations for
amendments to this Act.
SEC. 4. EARNED INCOME TAX CREDIT STATE GRANT PROGRAM.
(a) In General.--The Commissioner shall make grants to State
agencies for the purposes of carrying out an earned income credit
Statewide public awareness campaign in conjunction with the national
campaign under section 3.
(b) Allotments.--The Commission shall allot to each State for each
fiscal year an amount which bears the same ratio to the amount
appropriated to carry out subsection (a) for such fiscal year as the
total amount of earned income credit claims made by residents in that
State on returns filed during the second preceding fiscal year bears to
the total amount of earned income credit claims on returns filed during
such second preceding fiscal year.
(c) Requirement of Matching Funds.--To be eligible to receive an
allotment under this section, a State shall provide matching funds to a
grant made available under this section.
(d) Applications.--To be eligible to receive an allotment under
this section, a State shall submit an application to the Commissioner
at such time, in such manner, and containing such information as the
Commissioner may require.
(e) Accountability.--To be eligible to receive an allotment under
this section, within 180 days of receiving an allotment, a State shall
submit to the Commissioner a detailed report indicating steps taken by
the State to implement subsection (a) of this section.
(f) Funding.--No less than 25 percent and no more than 50 percent
of the funds appropriated to carry out this Act shall be made available
to carry out this section.
SEC. 5. AUTHORIZATION OF FUNDS.
(a) In General.--There is authorized to be appropriated to the
Internal Revenue Service $15,000,000 for each of fiscal years 2004
through 2014.
(b) Limitation of Administrative Expenses.--Not more than 3 percent
of the funds appropriated to carry out this Act shall be spent on
administrative costs of the Internal Revenue Service. | Earned Income Credit Public Awareness Campaign Act - Directs the Commissioner of Internal Revenue to: (1) establish and carry out a national public awareness campaign to educate Americans of the availability of the earned income credit; and (2) make grants to State agencies to carry out earned income credit Statewide public awareness campaigns in conjunction with the national campaign. | To direct the Commissioner of Internal Revenue to establish an earned income credit public awareness campaign to increase public awareness and educate Americans of the earned income credit. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Overdose Stat Act'' or the
``S.O.S Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the Centers for Disease Control and
Prevention, a drug overdose fatality occurs in the United
States every 14 minutes. More people now die from drug-related
deaths than traffic fatalities in the United States.
(2) The Centers for Disease Control and Prevention reports
that nearly 36,500 people in the United States died from a drug
overdose in 2008 alone. More than 75 percent of these deaths
were due to unintentional drug overdoses, and many could have
been prevented.
(3) Deaths resulting from unintentional drug overdoses
increased more than 400 percent between 1980 and 1999, and more
than doubled between 1999 and 2008.
(4) Ninety-one percent of all unintentional poisoning
deaths are due to drugs. Poisoning deaths cost society
$93,464,000 in direct medical costs and $28,142,598,000 in lost
productivity costs in the year 2005 alone.
(5) Both fatal and nonfatal overdoses place a heavy burden
on public health and public safety resources, yet no Federal
agency has been tasked with stemming this crisis.
(6) Opioid pain medications such as oxycodone and
hydrocodone are involved in more than 40 percent of all drug
poisoning deaths. Six times as many people died of an overdose
from methadone prescribed to treat pain in 2009 than a decade
before. Rural and suburban regions are disproportionately
affected by opioid prescription overdoses.
(7) Naloxone is a medication that rapidly reverses overdose
from heroin and opioid pain medications.
(8) In April 2012, the Food and Drug Administration (FDA)
held a public workshop in collaboration with the National
Institute on Drug Abuse (NIDA) and the Centers for Disease
Control and Prevention (CDC), and with participation from the
Substance Abuse and Mental Health Services Administration
(SAMHSA) and the Office of National Drug Control Policy
(ONDCP), to discuss making naloxone more widely available
outside of conventional medical settings to reduce the
incidence of opioid overdose fatalities.
(9) Health practitioners often do not adequately inform
patients and caregivers on how to recognize overdose symptoms
and effectively respond by seeking emergency assistance and
providing naloxone and other first aid in order to save a life.
(10) The American Medical Association (AMA), the Nation's
largest physician organization, supports further implementation
of community-based programs that offer naloxone and other
opioid overdose prevention services.
(11) Community-based overdose prevention programs have
successfully prevented deaths from opioid overdoses by making
rescue trainings and naloxone available to first responders,
parents, and other bystanders who may encounter an overdose. A
CDC report credits overdose prevention programs with saving
more than 10,000 lives since 1996.
(12) At least 188 local overdose prevention programs are
operating in the United States, including in major cities such
as Baltimore, Chicago, Los Angeles, New York City, Boston, San
Francisco, and Philadelphia, and statewide in New Mexico,
Massachusetts, and New York. In New Mexico, which has one of
the highest drug overdose death rates in the country, health
officials estimate the statewide naloxone distribution program
that began in 2001 has reversed 3,000 overdoses. Another
program in Wilkes County, North Carolina, reduced overdose
deaths 69 percent between 2009 and 2011.
(13) Overdose prevention programs are needed in
correctional facilities, addiction treatment programs, and
other places where people are at higher risk of overdosing
after a period of abstinence.
(14) A real-time overdose surveillance and reporting
database is needed to monitor fatal and nonfatal drug
overdoses, identify areas of the country in need of
programmatic support, monitor the outcomes of overdose
occurrences, and enhance evaluation of community programs and
interventions.
SEC. 3. OVERDOSE PREVENTION GRANT PROGRAM.
(a) Program Authorized.--The Director of the Centers for Disease
Control and Prevention shall award grants or cooperative agreements to
eligible entities to enable the eligible entities to reduce deaths
occurring from overdoses of drugs.
(b) Application.--
(1) In general.--An eligible entity desiring a grant or
cooperative agreement under this section shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require.
(2) Contents.--An application under paragraph (1) shall
include--
(A) a description of the activities to be funded
through the grant or cooperative agreement; and
(B) a demonstration that the eligible entity has
the capacity to carry out such activities.
(c) Priority.--In awarding grants and cooperative agreements under
subsection (a), the Director shall give priority to eligible entities
that--
(1) are a public health agency or community-based
organization; and
(2) have expertise in preventing deaths occurring from
overdoses of drugs in populations at high risk of such deaths.
(d) Eligible Activities.--As a condition on receipt of a grant or
cooperative agreement under this section, an eligible entity shall
agree to use the grant or cooperative agreement to carry out one or
more of the following activities:
(1) Purchasing and distributing the drug naloxone.
(2) Educating physicians and pharmacists about overdose
prevention and naloxone prescription.
(3) Training first responders, other individuals in a
position to respond to an overdose, and law enforcement and
corrections officials on the effective response to individuals
who have overdosed on drugs.
(4) Implementing and enhancing programs to provide overdose
prevention, recognition, treatment, and response to individuals
in need of such services.
(5) Expanding a program described in paragraph (1), (2), or
(3).
(e) Report.--As a condition on receipt of a grant or cooperative
agreement under this section, an eligible entity shall agree to prepare
and submit, not later than 90 days after the end of the grant or
cooperative agreement period, a report to the Director describing the
results of the activities supported through the grant or cooperative
agreement.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for each of the fiscal years 2013 through 2017.
SEC. 4. SENTINEL SURVEILLANCE SYSTEM.
(a) Data Collection.--The Director of the Centers for Disease
Control and Prevention shall annually compile and publish data on both
fatal and nonfatal overdoses of drugs for the preceding year. To the
extent possible, the data shall be collected from all county, State,
and tribal governments, the Federal Government, and private sources
(such as the National Poison Data System), shall be made available in
the form of an Internet database that is accessible to the public, and
shall include--
(1) identification of the underlying drugs that led to
fatal overdose;
(2) identification of substance level specificity where
possible;
(3) analysis of trends in polydrug use in overdose victims,
as well as identification of emerging overdose patterns;
(4) results of toxicology screenings in fatal overdoses
routinely conducted by State medical examiners;
(5) identification of--
(A) drugs that were involved in both fatal and
nonfatal unintentional poisonings; and
(B) the number and percentage of such poisonings by
drug; and
(6) identification of the type of place where unintentional
drug poisonings occur, as well as the age, race, and gender of
victims.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2013 through 2017.
SEC. 5. SURVEILLANCE CAPACITY BUILDING.
(a) Program Authorized.--The Director of the Centers for Disease
Control and Prevention shall award grants or cooperative agreements to
State, local, or tribal governments, or the National Poison Data
System, working in conjunction with the State, local, or tribal
governments, to improve fatal and nonfatal drug overdose surveillance
and reporting capabilities, including the following:
(1) Implementing or enhancing the capacity of a coroner or
medical examiner's office to conduct toxicological screenings
where drug overdose is the suspected cause of death.
(2) Providing training to improve identification of drug
overdose as the cause of death by coroners and medical
examiners.
(3) Establishing, in cooperation with the National Poison
Data System, coroners, and medical examiners, a comprehensive
national program for surveillance of, and reporting to an
electronic database on, drug overdose deaths in the United
States.
(4) Establishing, in cooperation with the National Poison
Data System, a comprehensive national program for surveillance
of, and reporting to an electronic database on, fatal and
nonfatal drug overdose occurrences, including epidemiological
and toxicologic analysis and trends.
(b) Application.--
(1) In general.--A State, local, or tribal government or
the National Poison Data System desiring a grant or cooperative
agreement under this section shall submit to the Director an
application at such time, in such manner, and containing such
information as the Director may require.
(2) Contents.--The application described in paragraph (1)
shall include--
(A) a description of the activities to be funded
through the grant or cooperative agreement; and
(B) a demonstration that the State, local, or
tribal government or the National Poison Data System
has the capacity to carry out such activities.
(c) Report.--As a condition on receipt of a grant or cooperative
agreement under this section, a State, local, or tribal government or
the National Poison Data System shall agree to prepare and submit, not
later than 90 days after the end of the grant or cooperative agreement
period, a report to the Director describing the results of the
activities supported through the grant or cooperative agreement.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2013 through 2017.
SEC. 6. REDUCING OVERDOSE DEATHS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
develop a plan in consultation with a task force comprised of
stakeholders to reduce the number of deaths occurring from overdoses of
drugs and shall submit the plan to Congress. The plan shall include--
(1) an identification of the barriers to obtaining accurate
data regarding the number of deaths occurring from overdoses of
drugs;
(2) an identification of the barriers to implementing more
effective overdose prevention strategies and programs;
(3) an examination of overdose prevention best practices;
(4) a plan for implementation of a public health campaign
to educate physicians and the public about overdose prevention
and naloxone prescription;
(5) recommendations for improving and expanding overdose
prevention programming; and
(6) recommendations for such legislative or administrative
action as the Director considers appropriate.
(b) Definition.--In this section, the term ``stakeholder'' means
any individual directly impacted by drug overdose, any direct service
provider who engages individuals at risk of a drug overdose, any drug
overdose prevention advocate, the National Institute on Drug Abuse, the
Center for Substance Abuse Treatment, the Centers for Disease Control
and Prevention, the Food and Drug Administration, the American
Association of Poison Control Centers, and any other individual or
entity with drug overdose expertise.
SEC. 7. OVERDOSE PREVENTION RESEARCH.
(a) Overdose Research.--The Director of the National Institute on
Drug Abuse shall prioritize and conduct or support research on drug
overdose and overdose prevention. The primary aims of this research
shall include--
(1) examinations of circumstances that contributed to drug
overdose and identification of drugs associated with fatal
overdose;
(2) evaluations of existing overdose prevention program
intervention methods; and
(3) pilot programs or research trials on new overdose
prevention strategies or programs that have not been studied in
the United States.
(b) Dosage Forms of Naloxone.--The Director of the National
Institute on Drug Abuse shall support research on the development of
dosage forms of naloxone specifically intended to be used by lay
persons or first responders for the prehospital treatment of
unintentional drug overdose.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2013 through 2017.
SEC. 8. DEFINITIONS.
In this Act:
(1) Director.--Unless otherwise specified, the term
``Director'' means the Director of the Centers for Disease
Control and Prevention.
(2) Drug.--The term ``drug''--
(A) means a drug (as that term is defined in
section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321)); and
(B) includes any controlled substance (as that term
is defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)).
(3) Eligible entity.--The term ``eligible entity'' means an
entity that is a State, local, or tribal government, a
correctional institution, a law enforcement agency, a community
agency, a professional organization in the field of poison
control and surveillance, or a private nonprofit organization.
(4) National poison data system.--The term ``National
Poison Data System'' means the system operated by the American
Association of Poison Control Centers, in partnership with the
Centers for Disease Control and Prevention, for real-time
local, State, and national electronic reporting, and the
corresponding database network.
(5) State.--The term ``State'' means any of the several
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, Guam, American Samoa, and
any other territory or possession of the United States.
(6) Training.--The term ``training'' means any activity
that is educational, instructional, or consultative in nature,
and may include volunteer trainings, awareness building
exercises, outreach to individuals who are at-risk of a drug
overdose, and distribution of educational materials. | Stop Overdose Stat Act or the S.O.S. Act - Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) award grants or enter into cooperative agreements to enable eligible entities to reduce deaths occurring from drug overdoses, and (2) give priority to eligible public health agencies or community-based organizations that have expertise in preventing deaths occurring from overdoses in high risk populations.
Conditions receipt of a grant or agreement on an entity agreeing to use the grant or agreement for: (1) purchasing and distributing the drug naloxone; (2) educating physicians and pharmacists about overdose prevention and naloxone prescription; (3) training first responders, other individuals in a position to respond to an overdose, and law enforcement and corrections officials on the effective response; (4) implementing and enhancing programs to provide overdose prevention, recognition, treatment, and response to individuals in need; and (5) expanding such programs.
Requires the Director to: (1) compile and publish, annually, data on fatal and nonfatal drug overdoses for the preceding year; and (2) award grants to state, local, or tribal governments, or the National Poison Data System working in conjunction with such governments, to improve drug overdose surveillance and reporting capabilities.
Requires the Secretary of Health and Human Services (HHS) to develop and submit to Congress a plan to reduce the number of deaths occurring from overdoses.
Requires the Director of the National Institute on Drug Abuse (NIDA) to: (1) prioritize and conduct or support research on drug overdose and overdose prevention, and (2) support research on the development of dosage forms of naloxone for the prehospital treatment of unintentional drug overdose. | To prevent deaths occurring from drug overdoses. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Study Abroad
Program Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) To prepare students for success in the modern global
economy, opportunities for study abroad should be included as
part of a well-rounded education.
(2) Study abroad programs provide students with
unparalleled access to international knowledge, an unmatched
opportunity to learn foreign languages, and a unique
environment for developing cultural understanding, all of which
are knowledge and skills needed in today's global economy.
(3) Less than 2 percent of all enrolled postsecondary
students in the United States study abroad for credit in any
given year, and minority students, first generation college
students, community college students, and students with
disabilities are significantly underrepresented in study abroad
participation.
(4) Congress authorized the establishment of the Commission
on the Abraham Lincoln Study Abroad Fellowship Program pursuant
to section 104 of the Miscellaneous Appropriations and Offsets
Act, 2004 (division H of Public Law 108-199). Pursuant to its
mandate, the Lincoln Commission submitted to Congress and the
President a report of its recommendations for greatly expanding
the opportunity for students at institutions of higher
education in the United States to study abroad, with special
emphasis on studying in developing nations.
(5) According to the Lincoln Commission, ``[e]xperience
shows that leadership from administrators and faculty will
drive the number of study abroad participants higher and
improve the quality of programs. Such leadership is the only
way that study abroad will become an integral part of the
undergraduate experience.''. A competitive grant program is
necessary to encourage and support such leadership.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that significantly more students have access
to quality study abroad opportunities;
(2) to ensure that the diversity of students studying
abroad reflects the diversity of students and institutions of
higher education in the United States;
(3) to encourage greater diversity in study abroad
destinations by increasing the portion of study abroad that
takes place in nontraditional study abroad destinations,
especially in developing countries; and
(4) to encourage a greater commitment by institutions of
higher education to expand study abroad opportunities.
SEC. 4. SENATOR PAUL SIMON STUDY ABROAD PROGRAM.
Section 741 of the Higher Education Act of 1965 (20 U.S.C. 1138) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (12) and (13) as
paragraphs (13) and (14), respectively; and
(B) by inserting after paragraph (11) the
following:
``(12) awarding grants under the Senator Paul Simon Study
Abroad Program described in subsection (g);''; and
(2) by adding at the end the following:
``(g) Senator Paul Simon Study Abroad Program.--
``(1) Definitions.--In this subsection:
``(A) Institution of higher education.--The term
`institution of higher education' has the meaning given
the term in section 101(a).
``(B) National of the united states.--The term
`national of the United States' means a national of the
United States or an alien lawfully admitted for
permanent residence (as those terms are defined in
section 101 of the Immigration and Nationality Act (8
U.S.C. 1101)).
``(C) Nontraditional study abroad destination.--The
term `nontraditional study abroad destination' means a
location that is determined by the Secretary to be a
less common destination for students who study abroad.
``(D) Student.--The term `student' means a national
of the United States who is enrolled at an institution
of higher education located within the United States.
``(E) Study abroad.--The term `study abroad' means
an educational program of study, work, research,
internship, or combination thereof that is conducted
outside the United States and that carries academic
credit.
``(2) Senator paul simon study abroad program.--
``(A) Establishment.--There is established in the
Department a program to be called the `Senator Paul
Simon Study Abroad Program'.
``(B) Objectives.--The objectives of the program
established under subparagraph (A) are, that not later
than 10 years after the date of enactment of the
Senator Paul Simon Study Abroad Program Act of 2017--
``(i) not less than 1,000,000 undergraduate
students will study abroad annually;
``(ii) the demographics of study abroad
participation will reflect the demographics of
the United States undergraduate population by
increasing the participation of
underrepresented groups; and
``(iii) an increasing portion of study
abroad will take place in nontraditional study
abroad destinations, with a substantial portion
of such increases in developing countries.
``(C) Competitive grants to institutions of higher
education.--In order to accomplish the objectives set
forth in subparagraph (B), the Secretary shall award
grants on a competitive basis to institutions of higher
education, individually or in a consortium, based on
applications by the institutions that--
``(i) set forth detailed plans for using
grant funds to further such objectives;
``(ii) include an institutional commitment
to expanding access to study abroad;
``(iii) include plans for evaluating
progress made in increasing access to study
abroad;
``(iv) describe how increases in study
abroad participation achieved through the grant
will be sustained in subsequent years; and
``(v) demonstrate that the programs have
established health and safety guidelines and
procedures.
``(D) Nongovernmental institutions.--Consortia of
institutions of higher education applying for grants
described in subparagraph (C) may include
nongovernmental institutions that provide and promote
study abroad opportunities for students.
``(E) Commission on the abraham lincoln study
abroad fellowship program.--In administering the
program, the Secretary shall take fully into account
the recommendations of the Commission on the Abraham
Lincoln Study Abroad Fellowship Program, established
pursuant to section 104 of the Miscellaneous
Appropriations and Offsets Act, 2004 (division H of
Public Law 108-199).
``(F) Consultation.--In carrying out this
paragraph, the Secretary shall consult with
representatives of diverse institutions of higher
education, educational policy organizations, and others
with appropriate expertise.
``(3) Annual report.--Not later than December 31 of each
year following the date of enactment of the Senator Paul Simon
Study Abroad Program Act of 2017, the Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of the
House of Representatives a report on the implementation of this
subsection during the prior fiscal year.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for fiscal year 2018 and each
subsequent fiscal year.''. | Senator Paul Simon Study Abroad Program Act of 2017 This bill amends the Higher Education Act of 1965 to establish the Senator Paul Simon Study Abroad Program. Under the program, grants may be awarded for providing and expanding study abroad opportunities for undergraduate students. | Senator Paul Simon Study Abroad Program Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vessel Discharge Evaluation and
Review Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Starting with passage of the Act to Prevent Pollution
from Ships in 1980, the United States Coast Guard has been the
principal Federal authority charged with administering,
enforcing, and prescribing regulations relating to the
discharge of pollutants from vessels engaged in maritime
commerce and transportation.
(2) There are more than 16 million State-registered boats,
110,000 commercial fishing vessels, and 53,000 freight and tank
barges operating in United States waters. Since 1973 certain
discharges incidental to the normal operation of these vessels
have been exempted from regulation.
(3) When required, Congress has specifically mandated
Federal programs for control of discharges from vessels,
including--
(A) the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) in 1980;
(B) the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4701 et seq.);
(C) the National Invasive Species Act of 1996 (16
U.S.C. 4701 note); and
(D) section 1401 of the 2000 Omnibus Consolidated
and Emergency Supplemental Appropriations for Fiscal
Year 2001, which prevented discharge of treated sewage
and graywater in certain areas of Alaska.
SEC. 3. EVALUATION AND REVIEW OF CERTAIN DISCHARGES.
(a) In General.--The Commandant of the Coast Guard, in consultation
with the Under Secretary of Commerce for Oceans and Atmosphere and the
head of any other appropriate agency or department of the United
States, shall conduct an evaluation and review of vessel discharges,
other than aquatic nuisance species, that are described in section
122.3(a) of title 40, Code of Federal Regulations, as in effect on
January 5, 1989. The evaluation shall include--
(1) a characterization of the various types and composition
of such discharges by different classes of vessels;
(2) the volumes of such discharges for representative
individual vessels and by classes of vessels in the aggregate;
(3) an analysis of current technologies or best management
practices, and their associated costs, used to control such
discharges;
(4) an analysis of the extent to which such discharges are
currently subject to regulation under existing Federal laws or
binding international obligations of the United States;
(5) the locations of such discharges;
(6) analyses and conclusions as to the nature and extent of
potential effects of such discharges on human health, welfare,
and the environment;
(7) an analysis of practicable measures, including best
management practices, to control such discharges; and
(8) recommendations as to steps, including regulatory
changes, together with a schedule for implementation, that are
appropriate to address such discharges.
(b) Public Comment.--The Commandant shall--
(1) publish a draft report containing findings,
conclusions, and recommendations from the evaluation and review
required by subsection (a) in the Federal Register;
(2) accept public comments regarding such draft for a
period of not less than 120 days after the date the draft is
published in the Federal Register; and
(3) consider any such public comments in the preparation of
the final report.
(c) Final Report.--Not later than 2 years after the date of the
enactment of this Act, the Commandant shall prepare and submit to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure a
final report containing findings, conclusions, and recommendations from
the evaluation and review required by subsection (a).
SEC. 4. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.
(a) Statement of Purpose.--The purposes of this section are--
(1) to provide for the establishment of nationally uniform,
environmentally sound, standards for discharges incidental to
the normal operation of vessels; and
(2) to establish procedures for designation of no discharge
zones as necessary to protect waters within the jurisdiction of
a State from the effects of discharges incidental to the normal
operation of vessels.
(b) Evaluation and Review of Certain Discharges.--Subtitle B of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4711 et seq.) is amended by adding at the end thereof the
following:
``SEC. 1105. REGULATION OF CERTAIN DISCHARGES.
``(a) In General.--Notwithstanding any other provision of law, any
requirement to obtain a permit for a discharge incidental to the normal
operation of a vessel is suspended beginning on the date of enactment
of the Vessel Discharge Evaluation and Review Act. The Commandant of
the Coast Guard, in consultation with the Under Secretary of Commerce
for Oceans and Atmosphere shall promulgate a final rule to establish an
appropriate program for establishing enforceable uniform national
discharge standards, in lieu of any permit requirement established
pursuant to any other provision of law, that are modeled in whole or in
part on the regulatory program for vessels of the Armed Forces and
based upon the best available technology. Any such national uniform
discharge standards or prohibitions shall be enforced by the Secretary
of the department in which the Coast Guard is operating and may be
enforced by a State.
``(b) Judicial Review.--
``(1) An interested person may file a petition for review
of a final regulation promulgated under this section in the
United States Court of Appeals for the District of Columbia
Circuit. Any such petition shall be filed within 120 days after
the date notice of such promulgation appears in the Federal
Register, except that if such petition is based solely on
grounds arising after such 120th day, then any petition for
review under this subsection shall be filed within 120 days
after such grounds arise.
``(2) Any regulation for which review could have been
obtained under paragraph (1) of this subsection is not subject
to judicial review in any civil or criminal proceeding for
enforcement.
``(c) Effect on State Authority.--
``(1) Notwithstanding any other provision of law, except as
provided in this subsection, no State or political subdivision
thereof may adopt or enforce any statute or regulation of the
State or political subdivision with respect to a discharge
incidental to the normal operation of a vessel subject to
evaluation under section 3 of the Vessel Discharge Evaluation
and Review Act after the promulgation of a final rule under
that subsection.
``(2) If a State determines that the protection and
enhancement of the quality of some or all of the waters within
the State require greater environmental protection, the State
may prohibit one or more such discharges incidental to the
normal operation of a vessel. No such prohibition shall apply
until--
``(A) the Administrator determines that adequate
facilities for the safe and sanitary removal of the
relevant discharges are reasonably available for the
waters to which the prohibition would apply; and
``(B) the Under Secretary of Commerce for Oceans
and Atmosphere determines that such prohibition does
not create an undue burden on Commerce.
``(3) The Governor of any State may submit a petition
requesting that the Commandant review the regulations
promulgated under subsection (a) if there is significant new
information, not available previously, that could reasonably
result in a change to the regulation. The petition shall be
accompanied by the scientific and technical information on
which the petition is based.
``(d) Certain Discharges Unaffected.--Nothing this section shall be
interpreted to apply to--
``(1) a vessel of the Armed Forces;
``(2) a discharge of vessel sewage; or
``(3) any discharge not subject to the permit exclusion
contained in section 122.3(a) of title 40, Code of Federal
Regulations, as in effect on March 29, 2005.
``(e) Exclusions.--No permit shall be required under any other
provision of law for, nor shall any uniform national discharge standard
promulgated under subsection (a) apply to--
``(1) a discharge incidental to the normal operation of a
vessel that is less than 79 feet in length and is--
``(A) engaged in commercial service (as defined in
section 2101(5) of title 46, United States Code); or
``(B) a recreational vessel (as defined in section
2101(25) of title 46, United States Code); or
``(2) a discharge of aquatic nuisance species in vessel
ballast water or sediment or from other vessel-related vectors
of aquatic nuisance species subject to section 1101 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4711);
``(3) the placement, release, or discharge of equipment,
devices, or other material from a vessel for the sole purpose
of conducting research on the aquatic environment or its
natural resources in accordance with generally recognized
scientific methods, principles, or techniques;
``(4) any discharge from a vessel authorized by an On-Scene
Coordinator in accordance with part 300 of title 40, Code of
Federal Regulations, or section 153.10(e) of title 33, Code of
Federal Regulations;
``(5) discharges from a vessel that are necessary to secure
the safety of the vessel or human life or to suppress fires
onboard or at shoreside facilities; or
``(6) a vessel of the armed forces of a foreign nation when
engaged in noncommercial service.
``(f) Incidental Discharge Defined.--In this section, the term
`discharge incidental to the normal operation of a vessel'--
``(1) means a discharge, including--
``(A) graywater, bilge water, cooling water,
weather deck runoff, ballast water, oil water separator
effluent, and any other pollutant discharge from the
operation of a marine propulsion system, shipboard
maneuvering system, crew habitability system, or
installed major equipment, such as an aircraft carrier
elevator or a catapult, or from a protective,
preservative, or absorptive application to the hull of
the vessel; and
``(B) a discharge in connection with the testing,
maintenance, and repair of a system described in
subparagraph (A) whenever the vessel is waterborne; and
``(2) does not include--
``(A) a discharge of rubbish, trash, garbage, or
other such material discharged overboard;
``(B) an air emission resulting from the operation
of a vessel propulsion system, motor driven equipment,
or incinerator; or
``(C) a discharge that is not covered by part 122.3
of title 40, Code of Federal Regulations (as in effect
on Feb. 10, 1996).
``(g) Application with Other Statutes.--Notwithstanding any other
provision of law, this section shall be the exclusive statutory
authority for regulation by the Federal Government of vessel discharges
to which this section applies.''. | Vessel Discharge Evaluation and Review Act - Directs the Coast Guard's Commandant to conduct an evaluation of vessel discharges, other than aquatic nuisance species, and report to specified congressional committees.
Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to suspend, beginning on the date of enactment of this Act and notwithstanding any other provision of law, any requirement to obtain a permit for a discharge incidental to the normal operation of a vessel. Requires promulgation of a final rule establishing enforceable uniform national discharge standards modeled on the regulatory program for vessels of the Armed Forces and based upon the best available technology.
Preempts related state and local laws regarding a discharge incidental to the normal operation of a vessel, subject to exception.
Lists certain discharges that are unaffected by or excluded from this Act, including Armed Forces vessels, discharges of vessel sewage, and discharges related to aquatic nuisance species.
Makes this Act, notwithstanding any other provision of law, the exclusive statutory authority for federal regulation of vessel discharges to which these provisions apply. | A bill to require the Commandant of the Coast Guard, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, to conduct an evaluation and review of certain vessel discharges. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuba Digital and Telecommunications
Advancement Act of 2015'' or the ``Cuba DATA Act''.
SEC. 2. EXPORTATION OF CONSUMER COMMUNICATION DEVICES AND
TELECOMMUNICATIONS SERVICES TO CUBA.
(a) In General.--Notwithstanding any other provision of law, the
President may permit any person subject to the jurisdiction of the
United States--
(1) to export consumer communication devices and other
telecommunications equipment to Cuba;
(2) to provide telecommunications services involving Cuba
or persons in Cuba;
(3) to establish facilities to provide telecommunications
services connecting Cuba with another country or to provide
telecommunications services in Cuba;
(4) to conduct any transaction incident to carrying out an
activity described in any of paragraphs (1) through (3); and
(5) to enter into, perform, and make and receive payments
under a contract with any individual or entity in Cuba with
respect to the provision of telecommunications services
involving Cuba or persons in Cuba.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than annually thereafter
for 4 years, the President shall submit to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on Foreign Affairs and the Committee on Appropriations of the
House of Representatives a report on--
(1) the percentage of individuals in Cuba who are able to
access the Internet and the infrastructure that would be needed
in Cuba to reach the goal of increasing that percentage to 50
percent by 2020;
(2) the ability of individuals in Cuba, including foreign
tourists, to access data through the use of cell phones and the
infrastructure that would be needed to bring the capability to
access that data to rural and urban population centers in Cuba;
(3) the impact of access to telecommunications technology
on the development of new businesses, co-ops, and educational
opportunities in Cuba; and
(4) the impact of the telecommunications equipment and
telecommunications services provided under this section on
advancing the human rights objectives of the United States and
how such equipment and services are being used to advance those
objectives.
(c) Definitions.--In this section:
(1) Consumer communication devices.--The term ``consumer
communication devices'' means commodities and software
described in section 740.19(b) of title 15, Code of Federal
Regulations (or any successor regulation).
(2) Person subject to the jurisdiction of the united
states.--The term ``person subject to the jurisdiction of the
United States'' means--
(A) any individual, wherever located, who is a
citizen or resident of the United States;
(B) any person located in the United States;
(C) any corporation, partnership, association, or
other organization organized under the laws of the
United States or of any State, territory, possession,
or district of the United States; and
(D) any corporation, partnership, association, or
other organization, wherever organized or doing
business, that is owned or controlled by a person
described in subparagraph (A), (B), or (C).
(3) Telecommunications services.--The term
``telecommunications services'' includes--
(A) data, telephone, telegraph, Internet
connectivity, radio, television, news wire feeds, and
similar services, regardless of the medium of
transmission and including transmission by satellite;
(B) services incident to the exchange of
communications over the Internet;
(C) domain name registration services; and
(D) services that are related to consumer
communication devices and other telecommunications
equipment to install, repair, or replace such devices
and equipment.
SEC. 3. REPEAL OF CERTAIN AUTHORITIES PREVENTING FINANCING AND MARKET
REFORM FOR CUBA.
(a) Cuban Democracy Act.--
(1) In general.--Section 1704 of the Cuban Democracy Act of
1992 (22 U.S.C. 6003) is repealed.
(2) Conforming amendments.--Section 204 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6064) is amended--
(A) in subsection (b), by amending paragraph (3) to
read as follows:
``(3) sections 1705(d) and 1706 of the Cuban Democracy Act
of 1992 (22 U.S.C. 6004(d) and 6005);''; and
(B) in subsection (d), by amending paragraph (3) to
read as follows:
``(3) sections 1705(d) and 1706 of the Cuban Democracy Act
of 1992 (22 U.S.C. 6004(d) and 6005) are repealed; and''.
(b) Cuban Liberty and Democratic Solidarity Act.--
(1) In general.--Sections 102, 103, 104, 105, and 108 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996 (22 U.S.C. 6032, 6033, 6034, 6035, and 6038) are repealed.
(2) Conforming amendment.--Section 109(a) of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6039(a)) is amended by striking ``(including section 102
of this Act)''. | Cuba Digital and Telecommunications Advancement Act of 2015 or the Cuba DATA Act This bill authorizes the President to permit any person subject to U.S. jurisdiction to: export consumer communication devices and other telecommunications equipment to Cuba; provide telecommunications services involving Cuba or persons in Cuba; establish facilities to provide telecommunications services connecting Cuba with another country, or to provide telecommunications services in Cuba; conduct any transaction incident to carrying out such activities; and enter into, perform, and make and receive payments under a contract with any individual or entity in Cuba regarding the provision of telecommunications services involving Cuba or persons in Cuba. Repeals or amends specified requirements and prohibitions of: (1) the Cuban Democracy Act of 1992, and (2) the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. | Cuba DATA Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Thrift Savings Plan
Enhancement Act of 1995''.
SEC. 2. ADDITIONAL INVESTMENT FUNDS.
(a) Definitions.--Subsection (a) of section 8438 of title 5, United
States Code, is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(2) by inserting after paragraph (4) the following:
``(5) the term `International Stock Index Investment Fund'
means the International Stock Index Investment Fund established
under subsection (b)(1)(E);'';
(3) by striking ``and'' at the end of paragraph (8) (as so
redesignated by paragraph (1));
(4) in paragraph (9) (as so redesignated by paragraph
(1))--
(A) by striking ``paragraph (7)(D)'' each place it
appears and inserting ``paragraph (8)(D)''; and
(B) by striking the period and inserting ``; and'';
and
(5) by adding at the end the following:
``(10) the term `Small Capitalization Stock Index
Investment Fund' means the Small Capitalization Stock Index
Investment Fund established under subsection (b)(1)(D).''.
(b) Establishment of New Investment Funds.--
(1) In general.--Paragraph (1) of section 8438(b) of such
title is amended--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting a semicolon; and
(C) by adding at the end the following:
``(D) a Small Capitalization Stock Index Investment Fund as
provided in paragraph (3); and
``(E) an International Stock Index Investment Fund as
provided in paragraph (4).''.
(2) Specific requirements.--Subsection (b) of section 8438
of such title is amended by adding at the end the following:
``(3)(A) The Board shall select an index which is a commonly
recognized index comprised of common stock the aggregate market value
of which represents the United States equity markets excluding the
common stocks included in the Common Stock Index Investment Fund.
``(B) The Small Capitalization Stock Index Investment Fund shall be
invested in a portfolio designed to replicate the performance of the
index in subparagraph (A). The portfolio shall be designed such that,
to the extent practicable, the percentage of the Small Capitalization
Stock Index Investment Fund that is invested in each stock is the same
as the percentage determined by dividing the aggregate market value of
all shares of that stock by the aggregate market value of all shares of
all stocks included in such index.
``(4)(A) The Board shall select an index which is a commonly
recognized index comprised of stock the aggregate market value of which
is a reasonably complete representation of the international equity
markets excluding the United States equity markets.
``(B) The International Stock Index Investment Fund shall be
invested in a portfolio designed to replicate the performance of the
index in subparagraph (A). The portfolio shall be designed such that,
to the extent practicable, the percentage of the International Stock
Index Investment Fund that is invested in each stock is the same as the
percentage determined by dividing the aggregate market value of all
shares of that stock by the aggregate market value of all shares of all
stocks included in such index.''.
(c) Acknowledgement of Investment Risk.--Subsection (d) of section
8439 of such title is amended--
(1) by striking ``the Common Stock Index Investment Fund or
the Fixed Income Investment Fund described in paragraphs (1)
and (3), respectively, of section 8438(a) of this title'' and
inserting ``the Common Stock Index Investment Fund, the Fixed
Income Investment Fund, the International Stock Index
Investment Fund, or the Small Capitalization Stock Index
Investment Fund''; and
(2) by striking ``either such Fund'' and inserting ``any
such Fund''.
SEC. 3. PERCENTAGE LIMITATIONS ON CONTRIBUTIONS.
(a) Amendments Relating to FERS.--
(1) In general.--Subsection (a) of section 8432 of such
title is amended by striking ``10 percent of''.
(2) Justices and judges.--Subsection (b) of section 8440a
of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (7) as paragraphs (2) through
(6), respectively; and
(B) in paragraph (6) (as so redesignated by
subparagraph (A)) by striking ``paragraphs (4) and
(5)'' and inserting ``paragraphs (3) and (4)''.
(3) Bankruptcy judges and magistrates.--Subsection (b) of
section 8440b of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (8) as paragraphs (2) through
(7), respectively;
(B) in paragraph (4) (as so redesignated by
subparagraph (A)) by striking ``paragraph (4)(A), (B),
or (C)'' and inserting ``paragraph (3)(A), (B), or
(C)''; and
(C) in paragraph (7) (as so redesignated by
subparagraph (A)) by striking ``Notwithstanding
paragraph (4),'' and inserting ``Notwithstanding
paragraph (3),''.
(4) Court of federal claims judges.--Subsection (b) of
section 8440c of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (8) as paragraphs (2) through
(7), respectively;
(B) in paragraph (4) (as so redesignated by
subparagraph (A)) by striking ``paragraph (4)(A) or
(B)'' and inserting ``paragraph (3)(A) or (B)''; and
(C) in paragraph (7) (as so redesignated by
subparagraph (A)) by striking ``Notwithstanding
paragraph (4),'' and inserting ``Notwithstanding
paragraph (3),''.
(5) Judges of the united states court of veterans
appeals.--Paragraph (2) of section 8440d(b) of such title is
amended to read as follows:
``(2) For purposes of contributions made to the Thrift Savings
Fund, basic pay does not include any retired pay paid pursuant to
section 7296 of title 38.''.
(b) Amendments Relating to CSRS.--Paragraph (2) of section 8351(b)
of title 5, United States Code, is amended by striking ``5 percent
of''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect
on the date of the enactment of this Act.
(b) Coordination With Election Periods.--The Executive Director
shall by regulation determine--
(1) the first election period in which elections may be
made with respect to the new investment funds established
pursuant to the amendments made by section 2; and
(2) the first election period in which elections may be
made consistent with the amendments made by section 3.
(c) Definitions.--For purposes of this section--
(1) the term ``election period'' means a period afforded
under section 8432(b) of title 5, United States Code; and
(2) the term ``Executive Director'' has the meaning given
such term by section 8401(13) of title 5, United States Code. | Federal Thrift Savings Plan Enhancement Act of 1995 - Amends Federal civil service law with respect to the Civil Service and Federal Employees' Retirement Systems and the Thrift Savings Plan (TSP) Program. Provides for: (1) an additional Small Capitalization Stock Index Investment Fund and International Stock Index Investment Fund in the TSP; and (2) repeal of the limitations on individual TSP contributions, including those from judges and other specified personnel of the Federal judicial branch. | Federal Thrift Savings Plan Enhancement Act of 1995 |
SECTION 1. INCREASE OF ALTERNATIVE SIMPLIFIED CREDIT.
(a) In General.--Subparagraph (A) of section 41(c)(5) of the
Internal Revenue Code of 1986 is amended by striking ``14 percent (12
percent in the case of taxable years ending before January 1, 2009)''
and inserting ``20 percent''.
(b) Conforming Amendment.--Clause (ii) of section 41(c)(5)(B) of
the Internal Revenue Code of 1986 is amended by striking ``6 percent''
and inserting ``10 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 2. ALLOCATION OF RESEARCH EXPENSES AMONG BUSINESS COMPONENTS.
(a) In General.--Subparagraph (A) of section 41(d)(2) of the
Internal Revenue Code of 1986 is amended by inserting ``, and may be
applied using a method that relies on reasonable estimation techniques
in lieu of contemporaneous accounting to measure employee hours per
business component'' before the period.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 3. INCLUSION OF QUALIFIED UPPER-LEVEL EMPLOYEES IN RESEARCH
EXPENSE CALCULATION.
(a) In General.--Clause (ii) of section 41(b)(2)(B) of the Internal
Revenue Code of 1986 is amended by inserting ``, without regard to the
employee's position or management level'' before the period.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 4. REPEAL OF EXCLUSION OF ADAPTIVE RESEARCH.
(a) In General.--Paragraph (4) of section 41(d) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (B) and by
redesignating subparagraphs (C), (D), (E), (F), (G), and (H) as
subparagraphs (B), (C), (D), (E), (F), and (G), respectively.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 5. INCLUSION OF COST REDUCTION RESEARCH.
(a) In General.--Subparagraph (A) of section 41(d)(3) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``, or''; and
(3) by adding at the end the following new clause:
``(iv) reduction of costs associated with--
``(I) a business component of the
taxpayer, or
``(II) research relating to a
purpose described in clause (i), (ii),
or (iii).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 6. INCLUSION OF OBSOLESCENCE MITIGATION.
(a) In General.--Clause (iv) of section 41(d)(3)(A) of the Internal
Revenue Code of 1986, as added by section 5, is amended by inserting
``or obsolescence mitigation'' after ``reduction of costs''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 7. ELECTION OF REDUCED CREDIT MAY BE MADE ON AMENDED RETURN.
(a) In General.--Subparagraph (C) of section 280C(c)(3) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(C) Election.--An election under this paragraph
shall made in such manner as the Secretary may
prescribe and, once made with respect to a taxable
year, shall be irrevocable. Such election may be made
on the return of tax for the taxable year to which it
applies or on an amended return.''.
(b) Effective Date.--The amendment made by this section shall apply
to amended returns which are permitted to be filed under the applicable
provisions of the Internal Revenue Code of 1986 after the date of the
enactment of this Act.
SEC. 8. INVESTMENT IN CONNECTED MANUFACTURING EQUIPMENT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. CONNECTED MANUFACTURING EQUIPMENT.
``(a) Amount of Credit.--For purposes of section 38, the connected
manufacturing equipment credit for any taxable year is an amount equal
to 10 percent of the qualified connected manufacturing equipment
expenditures made by the taxpayer during such year.
``(b) Qualified Connected Manufacturing Equipment Expenditures.--
``(1) In general.--Subject to paragraph (2), for purposes
of this section, the term `qualified connected manufacturing
equipment expenditures' means an expenditure relating to the
purchase or installation of--
``(A) industrial equipment components which contain
a microprocessor and can be connected to an electronic
communication network, and
``(B) any software, routing, or local area network
components necessary to connect components described in
subparagraph (A) to an electronic communication
network.
``(2) Eligibility.--The Secretary, in consultation with the
Secretary of Commerce, shall identify the types of components
described in paragraph (1) which are eligible for the credit
under this section.
``(c) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section for any expenditure with respect to any
property, the increase in the basis of such property which would (but
for this subsection) result from such expenditure shall be reduced by
the amount of the credit so allowed.''.
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``plus'' at the end of paragraph
(35);
(B) by striking the period at the end of paragraph
(36) and inserting ``, plus''; and
(C) by adding at the end the following new
paragraph:
``(37) the connected manufacturing equipment credit
determined under section 45S(a).''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45S. Connected manufacturing equipment credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2018. | This bill amends the Internal Revenue Code, with respect to the tax credit for increasing research activities (known as the research and experimentation tax credit), to: increase the alternative simplified credit rate to match the rate of the regular credit; allow taxpayers to use reasonable estimation techniques in lieu of contemporaneous accounting to measure employee hours per business component; allow employees engaging in the direct supervision or direct support of research activities which constitute qualified research to be included in the research expense calculation without regard to the employee's position or management level; allow the credit to be used for research related to the adaptation of an existing business component to a particular customer's requirement or need, cost reduction, or obsolescence mitigation; and allow taxpayers to make an election for a reduced credit (in order to be allowed a full deduction for research expenses) on an amended tax return. The bill also allows a business-related tax credit equal to 10% of the qualified connective manufacturing equipment expenditures made by the taxpayer during the year. The credit applies to expenditures relating to the purchase or installation of: (1) industrial equipment components that contain a microprocessor and can be connected to an electronic communication network; and (2) software, routing, or local area network components necessary to connect the components to an electronic communication network. | A bill to amend the Internal Revenue Code of 1986 to reform the credit for increasing research activities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hopewell Township Investment Act of
1995''.
SEC. 2. CONVEYANCE OF LAND.
(a) Administrator of General Services.--Subject to sections 3 and
4, the Administrator of General Services (hereinafter in this Act
referred to as the ``Administrator'') shall convey, without
compensation, to a nonprofit organization known as the ``Beaver County
Corporation for Economic Development'' all right, title, and interest
of the United States in and to those pieces or parcels of land in
Hopewell Township, Pennsylvania, described in subsection (b), together
with all improvements thereon and appurtenances thereto. The purpose of
the conveyance is to provide a site for economic development in
Hopewell Township.
(b) Property Description.--The land referred to in subsection (a)
is the parcel of land in the township of Hopewell, county of Beaver,
Pennsylvania, bounded and described as follows:
(1) Beginning at the southwest corner at a point common to
Lot No. 1, same plan, lands now or formerly of Frank and
Catherine Wutter, and the easterly right-of-way line of
Pennsylvania Legislative Route No. 60 (Beaver Valley
Expressway); thence proceeding by the easterly right-of-way of
Pennsylvania Legislative Route No. 60 by the following three
courses and distances:
(A) North 17 degrees, 14 minutes, 20 seconds West,
213.10 feet to a point.
(B) North 72 degrees, 45 minutes, 40 seconds East,
30.00 feet to a point.
(C) North 17 degrees, 14 minutes, 20 seconds West,
252.91 feet to a point; on a line dividing Lot No. 1
from the other part of Lot No. 1, said part now called
Lot No. 5, same plan; thence by last mentioned dividing
line, North 78 degrees, 00 minutes, 00 seconds East;
135.58 to a point, a cul-de-sac on Industrial Drive;
thence by said cul-de-sac and the southerly side of
Industrial Drive by the following courses and
distances:
(i) By a curve to the right having a radius
of 100.00 feet for an arc distance of 243.401
feet to a point.
(ii) Thence by a curve to the right having
a radius of 100.00 feet for an arc distance of
86.321 feet to a point.
(iii) Thence by 78 degrees, 00 minutes, 00
seconds East, 777.78 feet to a point.
(iv) Thence, North 12 degrees, 00 minutes,
00 seconds West, 74.71 feet to a point.
(v) Thence by a curve to the right, having
a radius of 50.00 feet for an arc distance of
78.54 feet to a point.
(vi) Thence North 78 degrees, 00 minutes,
00 seconds East, 81.24 feet to a point.
(vii) Thence by a curve to the right,
having a radius of 415.00 feet for an arc
distance of 140.64 feet to a point.
(viii) Thence, South 82 degrees, 35
minutes, 01 second East, 125.00 feet to a
point.
(ix) Thence, South 7 degrees, 24 minutes,
59 seconds West, 5.00 feet to a point.
(x) Thence by a curve to the right, having
a radius of 320.00 feet for an arc distance of
256.85 feet to a point.
(xi) Thence by a curve to the right having
a radius of 50.00 feet for an arc distance of
44.18 feet to a point on the northerly side of
Airport Road.
(2) Thence by the northerly side thereof by the following:
(A) South 14 degrees, 01 minute, 54 seconds West,
56.94 feet to a point.
(B) Thence by a curve to the right having a radius
of 225.00 feet for an arc distance of 207.989 feet to a
point.
(C) Thence South 66 degrees, 59 minutes, 45 seconds
West, 192.08 feet to a point on the southern boundary
of Lot No. 1, which line is also the line dividing Lot
No. 1 from lands now or formerly, of Frank and
Catherine Wutter.
(3) Thence by the same, South 75 degrees, 01 minutes, 00
seconds West, 1,351.23 feet to a point at the place of
beginning.
(c) Date of Conveyance.--The date of the conveyance of property
required under subsection (a) shall be not later than the 90th day
following the date of the enactment of this Act.
(d) Conveyance Terms.--
(1) Terms and conditions.--The conveyance of property
required under subsection (a) shall be subject to such terms
and conditions as may be determined by the Administrator to be
necessary to safeguard the interests of the United States. Such
terms and conditions shall be consistent with the terms and
conditions set forth in this Act.
(2) Quitclaim deed.--The conveyance of property required
under subsection (a) shall be by quitclaim deed.
SEC. 3. LIMITATION ON CONVEYANCE.
No part of any land conveyed under section 2 may be used, during
the 30-year period beginning on the date of conveyance, for any purpose
other than economic development.
SEC. 4. REVERSIONARY INTEREST.
(a) In General.--The property conveyed under section 2 shall revert
to the United States on any date in the 30-year period beginning on the
date of such conveyance on which the property is used for a purpose
other than economic development.
(b) Enforcing Reversion.--The Administrator shall perform all acts
necessary to enforce any reversion of property to the United States
under this section.
(c) Inventory of Public Buildings Service.--Property that reverts
to the United States under this section shall be under the control of
the General Services Administration.
Passed the House of Representatives December 5, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
By Linda Nave,
Deputy Clerk. | Hopewell Township Investment Act of 1995 - Requires the Administrator of General Services to convey, without compensation, certain land in Hopewell Township, Pennsylvania, to the Beaver County Corporation for Economic Development.
Provides that such land shall revert to the United States if, in the 30-year period beginning on the conveyance date, the land is used for purposes other than economic development. | Hopewell Township Investment Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Independence Through
Presidential Leadership Act''.
SEC. 2. PRESIDENTIAL LEADERSHIP TO ENACT COMPREHENSIVE ENERGY POLICY.
(a) Congressional Findings.--The Congress finds that:
(1) The United States increasingly depends on foreign
nations to supply its energy needs.
(2) That dependence leaves the United States increasingly
vulnerable to the whims of foreign nations and constitutes a
grave and worsening threat to our national security and our
economy.
(3) Lessening this dependence is not easy, and it cannot be
done in a short period of time.
(4) The United States can lessen its dependence over a
longer period of time by enacting a comprehensive energy policy
designed to address the numerous elements of the problem. Those
elements include: increased domestic energy production
consistent with reasonable environmental guidelines, increased
domestic refining and transportation capacity consistent with
reasonable environmental guidelines, increased diplomatic
pressure on foreign nations that produce oil, increased energy
efficiency of engines and generation facilities, increased use
of renewable energy sources throughout our economy, and a
reformed excise tax structure.
(5) Because the elements of a comprehensive energy policy
are so varied--involving many groups within society and the
jurisdiction of many government agencies and congressional
committees--Congress can only enact such a policy with
committed leadership from the President.
(6) In the meantime, Congress and the President should
provide some minimal relief for consumers hit by high gasoline
prices.
(b) Sense of Congress Resolution.--It is the sense of Congress that
the President should take immediate and appropriate action to lead the
United States in developing and enacting a comprehensive energy policy
to lessen our dependence on foreign nations to supply our energy needs.
SEC. 3. IMMEDIATE CONSUMER RELIEF THROUGH REPEAL OF DEFICIT REDUCTION
TAX.
(a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and
inserting ``14 cents''.
(b) Diesel Fuel and Kerosene.--Clause (iii) of section
4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and
inserting ``20 cents''.
(c) Technical Amendments.--
(1) Subparagraph (B) of section 40(e)(1) of such Code is
amended by striking ``during which the rates of tax under
section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting
``during which the rate of tax under section 4081(a)(2)(A)(i)
does not apply''.
(2) Clauses (i) and (ii) of section 4041(m)(1)(A) of such
Code are amended to read as follows:
``(i) 7 cents per gallon on and after the
date of the enactment of this clause and before
October 1, 2005, and
``(ii) zero after September 30, 2005,
and''.
(3) Subsection (c) of section 4081 of such Code is amended
by striking paragraph (6) and by redesignating paragraphs (7)
and (8) as paragraphs (6) and (7), respectively.
(4) Paragraph (1) of section 4081(d) of such Code is
amended by striking ``4.3 cents per gallon'' and inserting
``zero''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(e) Floor Stock Refunds.--
(1) In general.--If--
(A) before the date of the enactment of this Act,
tax has been imposed under section 4081 of the Internal
Revenue Code of 1986 on any liquid, and
(B) on such date such liquid is held by a dealer
and has not been used and is intended for sale,
there shall be credited or refunded (without interest) to the
person who paid such tax (hereafter in this subsection referred
to as the ``taxpayer'') an amount equal to the excess of the
tax paid by the taxpayer over the amount of such tax which
would be imposed on such liquid had the taxable event occurred
on such date.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless--
(A) claim therefor is filed with the Secretary of
the Treasury before the date which is 6 months after
the date of the enactment of this Act, based on a
request submitted to the taxpayer before the date which
is 3 months after such date of enactment, by the dealer
who held the liquid on such date of enactment, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(3) Exception for fuel held in retail stocks.--No credit or
refund shall be allowed under this subsection with respect to
any liquid in retail stocks held at the place where intended to
be sold at retail.
(4) Definitions.--For purposes of this subsection, the
terms ``dealer'' and ``held by a dealer'' have the respective
meanings given to such terms by section 6412 of such Code.
(5) Certain rules to apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this subsection. | Amends the Internal Revenue Code to lower, by 4.3 cents, the tax on highway gasoline and diesel fuel and kerosene. | Energy Independence Through Presidential Leadership Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``St. Augustine 450th Commemoration
Commission Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The founding of the city of St. Augustine, Florida, in
1565 established the first permanent European colony and the
birthplace of the Christian religion (particularly Roman
Catholicism) in the New World.
(2) The settlement of St. Augustine brought people from
throughout the Atlantic Basin together to form a multicultural
society, including peoples from Spain, England, and the rest of
Europe as well as Native Americans and Africans.
(3) The economic, political, religious, and other social
institutions that have developed over the 4\1/2\ centuries of
the continuous, uninterrupted existence of St. Augustine, the
oldest city in North America, continue to have profound effects
on the United States, on cross-cultural relationships, and on
the economic structure, status, and international influence of
the United States.
(4) The National Park Service, the State of Florida, the
city of St. Augustine, and the University of Florida
collectively own and operate significant resources related to
the history of St. Augustine.
(5) The city of St. Augustine has existed continuously
since 1565 and is the governmental entity responsible for
planning and implementing the commemoration of the 450th
anniversary of the founding of St. Augustine.
(6) The city of St. Augustine has created a committee to
prepare for the 450th anniversary commemoration, and planning
for the commemoration has been initiated.
(b) Purpose.--The purpose of this Act is to establish the St.
Augustine 450th Commemoration Commission to--
(1) ensure a suitable national observance of the 450th
anniversary of the city of St. Augustine by complementing the
programs and activities of the State of Florida and the city of
St. Augustine;
(2) cooperate with and assist in the programs and
activities of the State of Florida in observance of the 450th
anniversary of St. Augustine;
(3) assist in ensuring that the St. Augustine 450th
anniversary observances provide an excellent visitor experience
and beneficial interaction between visitors and the natural and
cultural resources of the St. Augustine sites;
(4) assist in ensuring that the St. Augustine 450th
anniversary observances are inclusive and appropriately
recognize the experiences of all peoples in St. Augustine's
history;
(5) provide assistance in the development of St. Augustine-
related programs and activities;
(6) facilitate international involvement in the St.
Augustine 450th anniversary observances;
(7) support and facilitate marketing efforts for a
commemorative coin, stamp, and related activities for the St.
Augustine 450th anniversary observances; and
(8) assist in the appropriate development of heritage
tourism and economic benefits to the United States through the
commemoration of the 450th anniversary of the city of St.
Augustine.
SEC. 3. DEFINITIONS.
In this Act--
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 450th anniversary of the founding of the
settlement of St. Augustine.
(2) Commission.--The term ``Commission'' means the St.
Augustine 450th Commemoration Commission established by section
4.
(3) Governor.--The term ``Governor'' means the Governor of
the State of Florida.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--
(A) In general.--The term ``State'' means the State
of Florida.
(B) Inclusion.--The term ``State'' includes
agencies and entities of the State of Florida.
SEC. 4. ESTABLISHMENT.
There is established a commission to be known as the St. Augustine
450th Commemoration Commission.
SEC. 5. DUTIES.
(a) In General.--The Commission shall--
(1) plan, develop, and execute programs and activities
appropriate to commemorate the 450th anniversary of the
founding of St. Augustine, Florida;
(2) generally facilitate St. Augustine commemoration-
related activities throughout the United States;
(3) encourage civic, patriotic, historical, educational,
religious, economic, and other organizations throughout the
United States to organize and participate in anniversary
activities to expand understanding and appreciation of the
significance of the founding and continuing history of St.
Augustine;
(4) coordinate and facilitate scholarly research on,
publication about, and interpretation of, St. Augustine for the
education of the public; and
(5) ensure that the 450th anniversary of St. Augustine
provides a lasting legacy and long-term public benefit for the
United States by assisting in the development of appropriate
programs and facilities to accommodate those programs.
(b) Plans; Reports.--
(1) Strategic plan; annual performance plans.--In
accordance with the Government Performance and Results Act of
1993, the Commission shall prepare a strategic plan and annual
performance plans for the activities of the Commission carried
out under this Act.
(2) Final report.--Not later than December 31, 2015, the
Commission shall complete a final report that contains--
(A) a summary of the activities of the Commission;
(B) a final accounting of funds received and
expended by the Commission; and
(C) the findings and recommendations of the
Commission.
SEC. 6. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 16 members, of
whom--
(1) 3 members shall be appointed by the Secretary, taking
into consideration the recommendations of the St. Augustine
City Commission;
(2) 3 members shall be appointed by the Secretary, taking
into consideration the recommendations of the Governor;
(3) 1 member shall be an employee of the National Park
Service having experience relevant to the historic resources
relating to the city of St. Augustine and the commemoration, to
be appointed by the Secretary;
(4) 1 member shall be the Mayor of the city of St.
Augustine (or a designee);
(5) 1 member shall be an employee of the State University
System of Florida, to be appointed by the Secretary; and
(6) 5 members shall be individuals who are nonresidents of
the State of Florida who have an interest in, support for, and
expertise appropriate to the commemoration, to be appointed by
the Secretary, taking into consideration the recommendation of
Congress.
(b) 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.
(c) Term; Vacancies.--
(1) Term.--A member of the Commission shall be appointed
for the life of the Commission, unless a designee is appointed
pursuant to subsection (a)(4).
(2) Vacancies.--
(A) In general.--A vacancy on the Commission shall
be filled in the same manner in which the original
appointment was made.
(B) Partial term.--A member appointed to fill a
vacancy on the Commission shall serve for the remainder
of the term for which the predecessor of the member was
appointed.
(3) Continuation of membership.--If a member of the
Commission was appointed to the Commission as Mayor of the city
of St. Augustine or as an employee of the National Park Service
or the State University System of Florida, and ceases to hold
such position, 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 hold such position.
(d) Meetings.--
(1) In general.--The Commission shall meet--
(A) at least 3 times each year; or
(B) at the call of the Chairperson or the majority
of the members of the Commission.
(2) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(e) Voting.--
(1) In general.--The Commission shall act only on an
affirmative vote of a majority of the members of the
Commission.
(2) Quorum.--A majority of the Commission shall constitute
a quorum.
(f) Chairperson.--The Secretary shall appoint a Chairperson of the
Commission, taking into consideration any recommendations of the
Governor.
(g) Compensation.--
(1) In general.--Except as provided in paragraph (2), a
member of the Commission shall serve without compensation.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation other than the compensation received for
the services of the member as an officer or employee of the
Federal Government.
(3) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
SEC. 7. DIRECTOR AND STAFF.
(a) In General.--The Chairperson of the Commission may, without
regard to the provisions of title 5, United States Code, appoint and
terminate an executive director and such other additional personnel as
are necessary to enable the Commission to perform the duties of the
Commission.
(b) Confirmation of Executive Director.--The employment of an
executive director shall be subject to confirmation by the Commission.
(c) Compensation.--
(1) In general.--Except as provided in paragraph (2), the
Chairperson of the Commission may fix the compensation of the
executive director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates.
(2) Maximum rate of pay.--The rate of pay for the executive
director and other personnel shall not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(d) Detail of Government Employees.--
(1) Federal employees.--
(A) In general.--At the request of the Commission,
the head of any Federal agency may detail, on a
reimbursable or non-reimbursable basis, any of the
personnel of the agency to the Commission to assist the
Commission in carrying out the duties of the Commission
under this Act. Any reimbursement under this paragraph
shall be credited to the appropriation, fund, or
account used for paying the amounts reimbursed.
(B) Civil service status.--The detail of an
employee under subparagraph (A) shall be without
interruption or loss of civil service status or
privilege.
(2) State employees.--The Commission may--
(A) accept the services of personnel detailed from
the State; and
(B) reimburse the State for services of detailed
personnel.
(e) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
(f) Support Services.--The Director of the National Park Service
shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request. Any
reimbursement under this paragraph shall be credited to the
appropriation, fund, or account used for paying the amounts reimbursed.
(g) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
(h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(i) No Effect on Authority.--Nothing in this section supersedes the
authority of the State, the National Park Service, the city of St.
Augustine, or any designee of the foregoing, concerning the
commemoration.
SEC. 8. POWERS.
(a) In General.--The Commission may--
(1) accept donations and make dispersions of money,
personal services, and real and personal property related to
St. Augustine and the significance of St. Augustine in the
history of the United States;
(2) appoint such advisory committees as the Commission
determines to be necessary to carry out this Act;
(3) authorize any member or employee of the Commission to
take any action that the Commission is authorized to take by
this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases, and other legal agreements, to
carry out this Act (except that any contracts, leases, and
other legal agreements made or entered into by the Commission
shall not extend beyond the date of termination of the
Commission);
(5) use the United States mails in the same manner and
under the same conditions as other Federal agencies;
(6) make grants in amounts not to exceed $10,000 per grant
to communities and nonprofit organizations to develop programs
to assist in the commemoration;
(7) make grants to research and scholarly organizations to
research, publish, or distribute information relating to the
early history of St. Augustine; and
(8) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
(b) Termination.--The Commission shall terminate on December 31,
2015.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, and such appropriated sums shall not expire and
shall remain until expended. | St. Augustine 450th Commemoration Commission Act of 2007 - Establishes the St. Augustine 450th Commemoration Commission to plan and execute programs and activities to commemorate the 450th anniversary of the founding of St. Augustine, Florida. | To establish the St. Augustine 450th Commemoration Commission, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deadly Driver Reduction and Matthew
P. Hammell Memorial Act''.
SEC. 2. MINIMUM PENALTY FOR AN INDIVIDUAL WHO OPERATES A MOTOR VEHICLE
WHILE UNDER THE INFLUENCE OF ALCOHOL.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 162. National minimum penalty for an individual who operates a
motor vehicle while under the influence of alcohol
``(a) Withholding of Apportionments for Noncompliance.--
``(1) Fiscal year 2001.--The Secretary shall withhold 5
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (5)(B) of section 104(b)
on October 1, 2000, if the State does not meet the requirements
of paragraph (3) on that date.
``(2) Thereafter.--The Secretary shall withhold 10 percent
(including any amounts withheld under paragraph (1)) of the
amount required to be apportioned to any State under each of
paragraphs (1), (3), and (5)(B) of section 104(b) on October 1,
2001, and on October 1 of each fiscal year thereafter, if the
State does not meet the requirements of paragraph (3) on that
date.
``(3) Requirements.--
``(A) In general.--A State meets the requirements
of this paragraph if the State has enacted and is
enforcing a law that provides for a minimum penalty
consistent with the following:
``(i) In the case of the first offense of
an individual of operating a motor vehicle
while under the influence of alcohol,
revocation of the individual's driver's license
for at least 180 days.
``(ii) In the case of the second offense of
an individual of any alcohol-related offense
while operating a motor vehicle (including
operating a motor vehicle while under the
influence of alcohol), revocation of the
individual's driver's license for at least 1
year.
``(iii) In the case of the third or
subsequent offense of an individual of any
alcohol-related offense while operating a motor
vehicle (including operating a motor vehicle
while under the influence of alcohol),
permanent revocation of the individual's
driver's license.
``(B) Terms of revocation.--A revocation under
subparagraph (A) shall not be subject to any exception
or condition, including an exception or condition to
avoid hardship to any individual.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--
``(A) Funds withheld on or before september 30,
2002.--Any funds withheld under subsection (a) from
apportionment to any State on or before September 30,
2002, shall remain available until the end of the third
fiscal year following the fiscal year for which the
funds are authorized to be appropriated.
``(B) Funds withheld after september 30, 2002.--No
funds withheld under this section from apportionment to
any State after September 30, 2002, shall be available
for apportionment to the State.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (a) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirements of subsection (a)(3), the Secretary
shall, on the first day on which the State meets the
requirements, apportion to the State the funds withheld under
subsection (a) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned under paragraph (2) shall remain
available for expenditure until the end of the third fiscal
year following the fiscal year in which the funds are so
apportioned. Sums not obligated at the end of that period shall
lapse or, in the case of funds apportioned under section
104(b)(5)(B), shall lapse and be made available by the
Secretary for projects in accordance with section 118.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (a) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of
subsection (a)(3), the funds shall lapse or, in the case of
funds withheld from apportionment under section 104(b)(5)(B),
shall lapse and be made available by the Secretary for projects
in accordance with section 118.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``162. National minimum penalty for an individual who operates a motor
vehicle while under the influence of
alcohol.''. | Deadly Driver Reduction and Matthew P. Hammell Memorial Act - Amends Federal transportation law to require the Secretary of Transportation to withhold five percent of the funds authorized for Federal aid highway programs for FY 2001, and ten percent of such amounts for subsequent fiscal years, from any State that has not enacted and is not enforcing a law that provides a minimum penalty of revocation of a driver's license for at least 180 days in the case of a first offense of operating a motor vehicle while under the influence of alcohol, revocation for at least one year in the case of a second offense of any alcohol-related offense while operating a motor vehicle, and permanent revocation in the case of a third or subsequent such offense. Allows funds withheld from a State during FY 2001 to be available for up to the three subsequent fiscal years (to allow a State to meet such requirement within such period), but allows no grace period with respect to funds withheld during the subsequent fiscal years. | Deadly Driver Reduction and Matthew P. Hammell Memorial Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay It Back Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Congressional Budget Office estimates that the
deficit for this fiscal year will reach $1.6 trillion or 11
percent of the Gross Domestic Product;
(2) this deficit represents the largest relative deficit
since the end of World War II;
(3) the Congressional Budget Office estimates that the
fiscal year 2010 deficit will reach $1.4 trillion; and
(4) given the choice between forcing our children to pay
for the national debt and requiring banks and other
beneficiaries of the goodwill of the taxpayer to make a down
payment now, we choose to help our kids.
SEC. 3. AMENDMENT TO TARP AUTHORIZATION.
Section 115(a)(3) of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5225(a)(3)) is amended by striking ``outstanding at any
one time'' and inserting ``, in the aggregate (or such higher amount,
in the aggregate, as has been obligated or expended under this Act as
of the date of enactment of the Pay It Back Act)''.
SEC. 4. REPORT.
Section 106 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5216) is amended by inserting at the end the following:
``(f) Report.--The Secretary of the Treasury shall report to
Congress every 6 months on amounts received and transferred to the
general fund under subsection (d).''.
SEC. 5. AMENDMENTS TO HOUSING AND ECONOMIC RECOVERY ACT OF 2008.
(a) Sale of Fannie Mae Obligations and Securities by the Treasury;
Deficit Reduction.--Section 304(g)(2) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1719(g)(2)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Deficit reduction.--The Secretary of the
Treasury shall--
``(i) deposit in the General Fund of the
Treasury any amounts received by the Secretary
for the sale of any obligation or security
acquired by the Secretary under this
subsection; and
``(ii) ensure that such amounts so
deposited--
``(I) are dedicated for the sole
purpose of deficit reduction; and
``(II) are prohibited from use as
an offset for other spending increases
or revenue reductions.''.
(b) Sale of Freddie Mac Obligations and Securities by the Treasury;
Deficit Reduction.--Section 306(l)(2) of the Federal Home Loan Mortgage
Corporation Act (12 U.S.C. 1455(l)(2)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Deficit reduction.--The Secretary of the
Treasury shall--
``(i) deposit in the General Fund of the
Treasury any amounts received by the Secretary
for the sale of any obligation or security
acquired by the Secretary under this
subsection; and
``(ii) ensure that such amounts so
deposited--
``(I) are dedicated for the sole
purpose of deficit reduction; and
``(II) are prohibited from use as
an offset for other spending increases
or revenue reductions.''.
(c) Sale of Federal Home Loan Banks Obligations by the Treasury;
Deficit Reduction.--Section 11(l)(2) of the Federal Home Loan Bank Act
(12 U.S.C. 1431(l)(2)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) Deficit reduction.--The Secretary of the
Treasury shall--
``(i) deposit in the General Fund of the
Treasury any amounts received by the Secretary
for the sale of any obligation acquired by the
Secretary under this subsection; and
``(ii) ensure that such amounts so
deposited--
``(I) are dedicated for the sole
purpose of deficit reduction; and
``(II) are prohibited from use as
an offset for other spending increases
or revenue reductions.''.
(d) Repayment of Fees.--Any periodic commitment fee or any other
fee or assessment paid by the Federal National Mortgage Association or
Federal Home Loan Mortgage Corporation to the Secretary of the Treasury
as a result of any preferred stock purchase agreement, mortgage-backed
security purchase program, or any other program or activity authorized
or carried out pursuant to the authorities granted to the Secretary of
the Treasury under the amendments made by section 1117 of the Housing
and Economic Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2683),
including any fee agreed to by contract between the Secretary and the
Association or Corporation, shall be deposited in the General Fund of
the Treasury where such amounts shall be--
(1) dedicated for the sole purpose of deficit reduction;
and
(2) prohibited from use as an offset for other spending
increases or revenue reductions.
SEC. 6. FEDERAL HOUSING FINANCE AGENCY REPORT.
The Director of the Federal Housing Finance Agency shall submit to
Congress a report on the plans of the Agency to continue to support and
maintain the Nation's vital housing industry, while at the same time
guaranteeing that the American taxpayer will not suffer unnecessary
losses.
SEC. 7. REPAYMENT OF UNOBLIGATED ARRA FUNDS.
(a) Rejection of ARRA Funds by State.--Section 1607 of division A
of the American Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 303) is amended by adding at the end the following:
``(d) Statewide Rejection of Funds.--If funds provided to any State
in any division of this Act are not accepted for use by the Governor of
the State pursuant to subsection (a) or by the State legislature
pursuant to subsection (b), then all such funds shall be--
``(1) rescinded; and
``(2) deposited in the General Fund of the Treasury, where
such amounts shall be--
``(A) dedicated for the sole purpose of deficit
reduction; and
``(B) prohibited from use as an offset for other
spending increases or revenue reductions.''.
(b) Withdrawal or Recapture of Unobligated Funds.--Title XVI of
division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 123 Stat. 302) is amended by adding at the end the
following:
``withdrawal or recapture of unobligated funds
``Sec. 1613. Notwithstanding any other provision of this Act, if
the head of any executive agency withdraws or recaptures for any reason
funds appropriated or otherwise made available under this division, and
such funds have not been obligated by a State to a local government or
for a specific project, such recaptured funds shall be--
``(1) rescinded; and
``(2) deposited in the General Fund of the Treasury, where
such amounts shall be--
``(A) dedicated for the sole purpose of deficit
reduction; and
``(B) prohibited from use as an offset for other
spending increases or revenue reductions.''.
(c) Return of Unobligated Funds by End of 2012.--Section 1603 of
division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 123 Stat. 302) is amended--
(1) by striking ``All funds'' and inserting ``(a) In
General.--All funds''; and
(2) by adding at the end the following:
``(b) Repayment of Unobligated Funds.--Any discretionary
appropriations made available in this division that have not been
obligated as of December 31, 2012, are hereby rescinded, and such
amounts shall be deposited in the General Fund of the Treasury, where
such amounts shall be--
``(1) dedicated for the sole purpose of deficit reduction;
and
``(2) prohibited from use as an offset for other spending
increases or revenue reductions.
``(c) Presidential Waiver Authority.--
``(1) In general.--The President may waive the requirements
under subsection (b), if the President determines that it is
not in the best interest of the Nation to rescind a specific
unobligated amount after December 31, 2012.
``(2) Requests.--The head of an executive agency may also
apply to the President for a waiver from the requirements under
subsection (b).''.
SEC. 8. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.
Section 3101 of title 31, United States Code, is amended--
(1) in subsection (b), by inserting ``minus the aggregate
amounts described in subsection (d)'' before ``, outstanding at
one time''; and
(2) by adding at the end the following:
``(d) Amounts described in this subsection are any amounts received
by the Secretary of the Treasury pursuant to--
``(1) section 106(d) of the Emergency Economic
Stabilization Act of 2008 before, on, or after the date of
enactment of this subsection; and
``(2) section 304(g) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1719(g)), section 306(l) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1455(l)), section 11(l) of the Federal Home Loan Bank Act (12
U.S.C. 1431(l)), section 1607(d) of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5),
section 1613 of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), and sections 5(d)
and 7(c) of the Pay It Back Act after the date of enactment of
this subsection.''. | Pay It Back Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to revise the limitation on the authority of the Secretary of the Treasury to purchase troubled assets under the Troubled Asset Relief Program (TARP) to $700 billion outstanding at any one time. Changes the maximum authority to $700 billion, in the aggregate, or such higher amount, in the aggregate, as has been obligated or expended under TARP as of the enactment of this Act.
Requires the Secretary to report to Congress every six months on transfer to the Treasury's General Fund for reduction of the public debt of revenues of, and proceeds from the sale of troubled assets purchased under TARP, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under TARP.
Amends the Federal National Mortgage Association Charter Act, the Federal Home Loan Mortgage Corporation Act, and the Federal Home Loan Bank Act to require the Secretary to deposit in the Treasury solely for debt reduction any amounts received by the Secretary for the sale of any obligation or security acquired from the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), or a Federal Home Loan Bank for secondary market operations. Prohibits the use of any such amounts as an offset for other spending increases or revenue reductions.
Requires deposit in the Treasury solely for debt reduction of any periodic commitment fee or any other fee or assessment paid to the Secretary by Fannie Mae or Freddie Mac as a result of any preferred stock purchase agreement, mortgage-backed security purchase program, or any other program or activity under the Housing and Economic Recovery Act of 2008.
Requires the Director of the Federal Housing Finance Agency (FHFA) to report to Congress on FHFA plans to continue to support and maintain the nation's vital housing industry, while at the same time guaranteeing that the American taxpayer will not suffer unnecessary losses.
Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to require: (1) rescission of any ARRA (stimulus) funds offered to but not accepted by the governor or legislature of a state; and (2) their deposit in the Treasury solely for debt reduction. Requires the same treatment for any funds withdrawn or recaptured by an executive agency head which have not been obligated by a state to a local government or for a specific project.
Rescinds for deposit in the Treasury solely for debt reduction specified discretionary appropriations that have not been obligated as of December 31, 2012.
Lowers the statutory limit on the public debt by the amounts the Secretary receives under this Act for deposit in the Treasury solely for debt reduction. | To apply recaptured taxpayer investments toward reducing the national debt. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors' Retirement Recovery Act of
2005''.
SEC. 2. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL SECURITY BENEFITS.
(a) Restoration of Prior Law Formula.--Subsection (a) of section 86
of the Internal Revenue Code of 1986 is amended to read as follows:
``(a) In General.--Gross income for the taxable year of any
taxpayer described in subsection (b) (notwithstanding section 207 of
the Social Security Act) includes Social Security benefits in an amount
equal to the lesser of--
``(1) one-half of the Social Security benefits received
during the taxable year, or
``(2) one-half of the excess described in subsection
(b)(1).''.
(b) Repeal of Adjusted Base Amount.--Subsection (c) of section 86
of such Code is amended to read as follows:
``(c) Base Amount.--For purposes of this section, the term `base
amount' means--
``(1) except as otherwise provided in this subsection,
$25,000,
``(2) $32,000 in the case of a joint return, and
``(3) zero in the case of a taxpayer who--
``(A) is married as of the close of the taxable
year (within the meaning of section 7703) but does not
file a joint return for such year, and
``(B) does not live apart from his spouse at all
times during the taxable year.''.
(c) Conforming Amendments.--
(1) Subparagraph (A) of section 871(a)(3) of such Code is
amended by striking ``85 percent'' and inserting ``50
percent''.
(2)(A) Subparagraph (A) of section 121(e)(1) of the Social
Security Amendments of 1983 (Public Law 98-21) is amended--
(i) by striking ``(A) There'' and inserting
``There'';
(ii) by striking ``(i)'' immediately following
``amounts equivalent to''; and
(iii) by striking ``, less (ii)'' and all that
follows and inserting a period.
(B) Paragraph (1) of section 121(e) of such Act is amended
by striking subparagraph (B).
(C) Paragraph (3) of section 121(e) of such Act is amended
by striking subparagraph (B) and by redesignating subparagraph
(C) as subparagraph (B).
(D) Paragraph (2) of section 121(e) of such Act is amended
in the first sentence by striking ``paragraph (1)(A)'' and
inserting ``paragraph (1)''.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years beginning after December 31, 2005.
(2) Subsection (c)(1).--The amendment made by subsection
(c)(1) shall apply to benefits paid after December 31, 2005.
(3) Subsection (c)(2).--The amendments made by subsection
(c)(2) shall apply to tax liabilities for taxable years
beginning after December 31, 2005.
(e) Maintenance of Transfers to Hospital Insurance Trust Fund.--
(1) In general.--There are hereby appropriated to the
Hospital Insurance Trust Fund established under section 1817 of
the Social Security Act amounts equal to the reduction in
revenues to the Treasury by reason of the enactment of this
Act. Amounts appropriated by the preceding sentence shall be
transferred from the general fund at such times and in such
manner as to replicate to the extent possible the transfers
which would have occurred to such Trust Fund had this Act not
been enacted.
(2) Reports.--The Secretary of the Treasury or the
Secretary's delegate shall annually report to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate the amounts and timing of
the transfers under this subsection.
SEC. 3. AGE FOR BEGINNING MANDATORY DISTRIBUTIONS INCREASED TO 80.
(a) Qualified Pension Plans.--Subparagraphs (B)(iv) and (C) of
section 401(a)(9) of the Internal Revenue Code of 1986 (relating to
required distributions) are each amended by striking ``70\1/2\'' each
place it appears and inserting ``80''.
(b) Individual Retirement Plans.--
(1) Paragraph (1) of section 219(d) of such Code is
amended--
(A) by striking ``70\1/2\'' in the text and
inserting ``80'', and
(B) by striking ``70\1/2\'' in the heading and
inserting ``80''.
(2) Subsection (b) of section 408 of such Code is amended
by striking ``70\1/2\'' and inserting ``80''.
(c) Roth IRA's.--Paragraph (4) of section 408A(c) of such Code is
amended--
(1) by striking ``70\1/2\'' in the text and inserting
``80'', and
(2) by striking ``70\1/2\'' in the heading and inserting
``80''.
(d) Section 457 Plans.--Clause (i) of section 457(d)(1)(A) of such
Code is amended by striking ``70\1/2\'' and inserting ``80''.
(e) Effective Date.--The amendments made by this section shall
apply to distributions after the date of the enactment of this Act. | Seniors' Retirement Recovery Act of 2005 - Amends the Internal Revenue Code to repeal the 85 percent maximum tax rate on Social Security and Railroad Retirement benefits enacted by the Omnibus Budget Reconciliation Act of 1993. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenues resulting from the repeal of the 85 percent rate.
Increases from 70 1/2 to 80 the age at which pension plan and individual retirement account beneficiaries must begin taking distributions. | To amend the Internal Revenue Code of 1986 to repeal the 1993 income tax increase on Social Security benefits to increase the age at which distributions must commence from certain retirement plans from 70 1/2 to 80. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Housing Investment Act
of 2012''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) Two principal Federal housing goals are to increase the
rate of home ownership and make rental housing affordable for
low-income families and individuals.
(2) Much more progress has been achieved on the first goal
than on the second goal.
(3) The Federal Government devotes almost four times the
amount of budgetary resources to supporting home ownership than
it devotes to making affordable rental housing available.
(4) The burden of housing costs is more pronounced among
renters than among owners.
(5) There is a shortage of nearly 7 million homes
affordable to families in the bottom 20 percent of income,
meaning that there are only 30 affordable units for every 100
families.
(6) Only one in four families that qualify for rental
housing assistance receives benefits.
(7) Housing assistance waiting lists can be 10 years long
and in many communities are closed.
(8) Public housing facilities in the United States have
more than $26 billion in deferred maintenance after decades of
neglect which results in a loss of 10,000 units each year.
(9) The low income housing tax credit successfully provides
100,000 units of affordable housing every year.
(10) Every tax reform commission has recommended capping
the mortgage interest deduction and converting it to a fairer
and simpler credit.
(11) More than 75 percent of the value of the mortgage
interest deduction inures to the benefit of the top 20 percent
of earners.
(12) Fewer than half of tax filers with a home mortgage
claim the mortgage interest deduction.
(13) Only 9 percent of rural tax filers claim the mortgage
interest deduction.
(14) Ninety-six percent of homes sold between 2000 and 2009
sold for less than $500,000.
(15) A better approach that provides equitable benefits for
families who buy homes, enables more low- and moderate-income
homeowners to receive a benefit, and invests in affordable
rental housing to assist those who used to be homeless or who
have extremely or very low incomes is needed to strengthen
families and communities.
SEC. 3. REPLACEMENT OF MORTGAGE INTEREST DEDUCTION WITH MORTGAGE
INTEREST CREDIT.
(a) Nonrefundable Credit.--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
25D the following new section:
``SEC. 25E. INTEREST ON INDEBTEDNESS SECURED BY QUALIFIED RESIDENCE.
``(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 20 percent of the qualified
residence interest paid or accrued during the taxable year.
``(b) Qualified Residence Interest.--For purposes of this section--
``(1) In general.--The term `qualified residence interest'
means interest which is paid or accrued during the taxable year
on--
``(A) acquisition indebtedness with respect to any
qualified residence of the taxpayer, or
``(B) home equity indebtedness with respect to any
qualified residence of the taxpayer.
For purposes of the preceding sentence, the determination of
whether any property is a qualified residence of the taxpayer
shall be made as of the time the interest is accrued.
``(2) Overall limitation.--The aggregate amount of
indebtedness taken into account for any period for purposes of
this section shall not exceed $500,000 ($250,000 in the case of
a married individual filing a separate return).
``(3) Acquisition indebtedness.--The term `acquisition
indebtedness' means any indebtedness which--
``(A) is incurred in acquiring, constructing, or
substantially improving any qualified residence of the
taxpayer, and
``(B) is secured by such residence.
Such term also includes any indebtedness secured by such
residence resulting from the refinancing of indebtedness
meeting the requirements of the preceding sentence (or this
sentence), but only to the extent the amount of the
indebtedness resulting from such refinancing does not exceed
the amount of the refinanced indebtedness.
``(4) Home equity indebtedness.--
``(A) In general.--The term `home equity
indebtedness' means any indebtedness (other than
acquisition indebtedness) secured by a qualified
residence to the extent the aggregate amount of such
indebtedness does not exceed--
``(i) the fair market value of such
qualified residence, reduced by
``(ii) the amount of acquisition
indebtedness with respect to such residence.
``(B) Limitation.--The aggregate amount treated as
home equity indebtedness for any period shall not
exceed $100,000 ($50,000 in the case of a married
individual filing a separate return).
``(c) Special Rules.--For purposes of this section--
``(1) Qualified residence.--The term `qualified residence'
means--
``(A) the principal residence (within the meaning
of section 121) of the taxpayer, and
``(B) 1 other residence of the taxpayer which is
selected by the taxpayer for purposes of this
subsection for the taxable year and which is used by
the taxpayer as a residence (within the meaning of
section 280A(d)(1)).
``(2) Married individuals filing separate returns.--If a
married couple does not file a joint return for the taxable
year--
``(A) such couple shall be treated as 1 taxpayer
for purposes of paragraph (1), and
``(B) each individual shall be entitled to take
into account 1 residence unless both individuals
consent in writing to 1 individual taking into account
the principal residence and 1 other residence.
``(3) Residence not rented.--For purposes of paragraph
(1)(B), notwithstanding section 280A(d)(1), if the taxpayer
does not rent a dwelling unit at any time during a taxable
year, such unit may be treated as a residence for such taxable
year.
``(4) Unenforceable security interests.--Indebtedness shall
not fail to be treated as secured by any property solely
because, under any applicable State or local homestead or other
debtor protection law in effect on August 16, 1986, the
security interest is ineffective or the enforceability of the
security interest is restricted.
``(5) Special rules for estates and trusts.--For purposes
of determining whether any interest paid or accrued by an
estate or trust is qualified residence interest, any residence
held by such estate or trust shall be treated as a qualified
residence of such estate or trust if such estate or trust
establishes that such residence is a qualified residence of a
beneficiary who has a present interest in such estate or trust
or an interest in the residuary of such estate or trust.
``(d) Coordination With Deduction.--In the case of any taxable year
beginning in calendar years 2013 through 2017, the taxpayer may elect
to apply this section in lieu of the deduction under section 163 for
qualified residence interest.''.
(b) Phaseout of Deduction.--Section 163(h) of such Code is amended
by adding at the end the following new paragraph:
``(5) Phaseout.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2012, the amount
otherwise allowable as a deduction by reason of
paragraph (2)(D) shall be the applicable percentage of
such amount.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
------------------------------------------------------------------------
The applicable
``For taxable years beginning in calendar year: percentage
is:
------------------------------------------------------------------------
2013.................................................... 100%
2014.................................................... 80%
2015.................................................... 60%
2016.................................................... 40%
2017.................................................... 20%
2018 and thereafter..................................... 0%.''.
------------------------------------------------------------------------
(c) Phasedown of Mortgage Limit.--Subparagraph (B) of section
163(h)(3) of such Code is amended by adding at the end the following:
``(iii) Phasedown.--
``(I) In general.--In the case of
any taxable year beginning in calendar
years 2013 through 2017, clause (ii)
shall be applied by substituting the
amounts specified in the table in
subclause (II) for `$1,000,000' and
`$500,000', respectively.
``(II) Phasedown amounts.--For
purposes of subclause (I), the amounts
specified in this subclause for a
taxable year shall be the amounts
specified in the following table:
------------------------------------------------------------------------
Amount Amount
``For taxable years beginning in calendar substituted substituted
year: for for
$1,000,000: $500,000:
------------------------------------------------------------------------
2013.......................................... $1,000,000 $500,000
2014.......................................... $900,000 $450,000
2015.......................................... $800,000 $400,000
2016.......................................... $700,000 $350,000
2017.......................................... $600,000 $300,000.''
.
------------------------------------------------------------------------
(d) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after section 25D the following new item:
``Sec. 25E. Interest on indebtedness secured by qualified residence.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to interest paid or accrued after December 31, 2012.
SEC. 4. DEDUCTION ALLOWED FOR INTEREST AND TAXES RELATING TO LAND FOR
DWELLING PURPOSES OWNED OR LEASED BY COOPERATIVE HOUSING
CORPORATIONS.
(a) In General.--Subparagraph (B) of section 216(b)(1) of the
Internal Revenue Code of 1986 is amended by striking ``or land,'' after
``building,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts paid or accrued after December 31, 2012.
SEC. 5. USE OF MORTGAGE INTEREST SAVINGS TO INCREASE LOW-INCOME HOUSING
TAX CREDIT.
(a) In General.--Subclause (I) of section 42(h)(3)(C)(ii) of the
Internal Revenue Code of 1986 is amended by striking ``$1.75 ($1.50 for
2001)'' and inserting ``$2.70''.
(b) Inflation Adjustment.--Subparagraph (H) of section 42(h)(3) of
such Code is amended to read as follows:
``(H) Cost-of-living adjustment.--
``(i) In general.--In the case of a
calendar year after 2002, the $2,000,000 amount
in subparagraph (C) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year by
substituting `calendar year 2001' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Per capita amount.--In the case of a
calendar year after 2013, the $2.70 amount in
subparagraph (C) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for such calendar year by
substituting `calendar year 2012' for
`calendar year 1992' in subparagraph
(B) thereof.
``(iii) Rounding.--
``(I) In the case of the $2,000,000
amount, any increase under clause (i)
which is not a multiple of $5,000 shall
be rounded to the next lowest multiple
of $5,000.
``(II) In the case of the $2.70
amount, any increase under clause (ii)
which is not a multiple of 5 cents
shall be rounded to the next lowest
multiple of 5 cents.''.
(c) Eligible Basis.--Clause (i) of section 42(d)(5)(B) of such Code
is amended by striking ``and'' at the end of subclause (I), by striking
the period at the end of subclause (II) and inserting ``, and'', and by
adding at the end the following:
``(III) in the case of a building
containing units which are designated
to serve extremely low-income
households by the State housing credit
agency and require the increase in
credit under this subparagraph in order
for such building to be financially
feasible as part of a qualified low-
income housing project, the eligible
basis of such building determined by
the portion of such units shall be 150
percent of such basis determined
without regard to this subparagraph.''.
(d) Effective Date.--The amendments made by this section shall
apply to allocations made in calendar years beginning after December
31, 2012.
SEC. 6. USE OF MORTGAGE INTEREST SAVINGS FOR AFFORDABLE HOUSING
PROGRAMS.
(a) Use of Savings.--For each year, the Secretary of the Treasury
shall determine the amount of revenues accruing to the general fund of
the Treasury by reason of the enactment of section 3 of this Act that
remain after use of such revenues in accordance with section 5 of this
Act and shall credit an amount equal to such remaining revenues as
follows:
(1) Housing trust fund.--The Secretary shall credit the
Housing Trust Fund established under section 1338 of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4568) with an amount equal to 60 percent of
the amount such remaining revenues.
(2) Section 8 rental assistance.--The Secretary shall
credit an amount equal to 30 percent of the amount of such
remaining revenues to the Secretary of Housing and Urban
Development for use only for providing tenant- and project-
based rental assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f).
(3) Public housing capital fund.--The Secretary shall
credit an amount equal to 10 percent of the amount of such
remaining revenues to the Public Housing Capital Fund under
section 9(d) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d)).
(b) Changes to Housing Trust Fund.--Not later than the expiration
of the 6-month period beginning on the date of the enactment of this
Act, the Secretary of Housing and Urban Development shall revise the
regulations relating to the Housing Trust Fund established under
section 1338 of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568) to provide that such section is
carried out with the maximum amount of flexibility possible while
complying with such section, which shall include revising such
regulations--
(1) to increase the limitation on amounts from the Fund
that are available for use for operating assistance for
housing;
(2) to allow public housing agencies and tribally
designated housing entities to be recipient of grants amounts
from the Fund that are allocated to a State or State designated
entity; and
(3) eliminate the applicability of rules for the Fund that
are based on the HOME Investment Partnerships Act (42 U.S.C.
1721 et seq.). | Common Sense Housing Investment Act of 2012 - Amends the Internal Revenue Code, with respect to the tax deduction for mortgage interest, to: (1) allow, in lieu of such deduction, a tax credit for 20% of mortgage interest paid in a taxable year for the taxpayer's principal residence and one other residence; (2) provide for a phaseout of the tax deduction for mortgage interest between 2013 and 2017; (3) allow a deduction for interest and taxes relating to land for dwelling purposes owned or leased by cooperative housing corporations; and (4) increase the state housing credit ceiling for the low-income housing tax credit.
Directs the Secretary of the Treasury to apply the savings from the enactment of this Act to the Housing Trust Fund, for assistance under the Section 8 low-income housing program, and for the Public Housing Capital Fund. | To amend the Internal Revenue Code of 1986 to replace the mortgage interest deduction with a nonrefundable credit for indebtedness secured by a residence, to provide affordable housing to extremely low-income families, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arbitration Fairness Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Federal Arbitration Act (now enacted as chapter 1
of title 9 of the United States Code) was intended to apply to
disputes between commercial entities of generally similar
sophistication and bargaining power.
(2) A series of United States Supreme Court decisions have
changed the meaning of the Act so that it now extends to
disputes between parties of greatly disparate economic power,
such as consumer disputes and employment disputes. As a result,
a large and rapidly growing number of corporations are forcing
millions of consumers and employees to give up their right to
have disputes resolved by a judge or jury, and instead submit
their claims to binding arbitration.
(3) Most consumers and employees have little or no
meaningful option whether to submit their claims to
arbitration. Few people realize or understand the importance of
the deliberately fine print that strips them of rights, and
because entire industries are adopting these clauses, people
increasingly have no choice but to accept them. They must often
give up their rights as a condition of having a job, getting
necessary medical care, buying a car, opening a bank account,
getting a credit card, and the like. Often times, they are not
even aware that they have given up their rights.
(4) Private arbitration companies are sometimes under great
pressure to devise systems that favor the corporate repeat
players who decide whether those companies will receive their
lucrative business.
(5) Mandatory arbitration undermines the development of
public law for civil rights and consumer rights because there
is no meaningful judicial review of arbitrators' decisions.
With the knowledge that their rulings will not be seriously
examined by a court applying current law, arbitrators enjoy
near complete freedom to ignore the law and even their own
rules.
(6) Mandatory arbitration is a poor system for protecting
civil rights and consumer rights because it is not transparent.
While the American civil justice system features publicly
accountable decision makers who generally issue public, written
decisions, arbitration often offers none of these features.
(7) Many corporations add to arbitration clauses unfair
provisions that deliberately tilt the systems against
individuals, including provisions that strip individuals of
substantive statutory rights, ban class actions, and force
people to arbitrate their claims hundreds of miles from their
homes. While some courts have been protective of individuals,
too many courts have erroneously upheld even egregiously unfair
mandatory arbitration clauses in deference to a supposed
Federal policy favoring arbitration over the constitutional
rights of individuals.
SEC. 3. ARBITRATION OF EMPLOYMENT, CONSUMER, FRANCHISE, AND CIVIL
RIGHTS DISPUTES.
(a) In General.--Title 9 of the United States Code is amended by
adding at the end the following:
``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, FRANCHISE, AND CIVIL
RIGHTS DISPUTES
``Sec.
``401. Definitions.
``402. Validity and enforceability.
``Sec. 401. Definitions
``In this chapter--
``(1) the term `civil rights dispute' means a dispute--
``(A) arising under--
``(i) the Constitution of the United States
or the constitution of a State; or
``(ii) a Federal or State statute that
prohibits discrimination on the basis of race,
sex, disability, religion, national origin, or
any invidious basis in education, employment,
credit, housing, public accommodations and
facilities, voting, or program funded or
conducted by the Federal Government or State
government, including any statute enforced by
the Civil Rights Division of the Department of
Justice and any statute enumerated in section
62(e) of the Internal Revenue Code of 1986
(relating to unlawful discrimination); and
``(B) in which at least 1 party alleging a
violation of the Constitution of the United States, a
State constitution, or a statute prohibiting
discrimination is an individual;
``(2) the term `consumer dispute' means a dispute between a
person other than an organization who seeks or acquires real or
personal property, services (including services relating to
securities and other investments), money, or credit for
personal, family, or household purposes and the seller or
provider of such property, services, money, or credit;
``(3) the term `employment dispute' means a dispute between
an employer and employee arising out of the relationship of
employer and employee as defined in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203);
``(4) the term `franchise dispute' means a dispute between
a franchisee with a principal place of business in the United
States and a franchisor arising out of or relating to contract
or agreement by which--
``(A) a franchisee is granted the right to engage
in the business of offering, selling, or distributing
goods or services under a marketing plan or system
prescribed in substantial part by a franchisor;
``(B) the operation of the franchisee's business
pursuant to such plan or system is substantially
associated with the franchisor's trademark, service
mark, trade name, logotype, advertising, or other
commercial symbol designating the franchisor or its
affiliate; and
``(C) the franchisee is required to pay, directly
or indirectly, a franchise fee; and
``(5) the term `predispute arbitration agreement' means any
agreement to arbitrate a dispute that had not yet arisen at the
time of the making of the agreement.
``Sec. 402. Validity and enforceability
``(a) In General.--Notwithstanding any other provision of this
title, no predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of an employment, consumer,
franchise, or civil rights dispute.
``(b) Applicability.--
``(1) In general.--An issue as to whether this chapter
applies to an arbitration agreement shall be determined under
Federal law. The applicability of this chapter to an agreement
to arbitrate and the validity and enforceability of an
agreement to which this chapter applies shall be determined by
the court, rather than the arbitrator, irrespective of whether
the party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of
the contract containing such agreement.
``(2) Collective bargaining agreements.--Nothing in this
chapter shall apply to any arbitration provision in a contract
between an employer and a labor organization or between labor
organizations, except that no such arbitration provision shall
have the effect of waiving the right of an employee to seek
judicial enforcement of a right arising under a provision of
the Constitution of the United States, a State constitution, or
a Federal or State statute, or public policy arising
therefrom.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 1, by striking ``of seamen,'' and
all that follows through ``interstate commerce'';
(B) in section 2, by inserting ``or as otherwise
provided in chapter 4'' before the period at the end;
(C) in section 208--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.'';
and
(D) in section 307--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.''.
(2) Table of sections.--
(A) Chapter 2.--The table of sections for chapter 2
of title 9, United States Code, is amended by striking
the item relating to section 208 and inserting the
following:
``208. Application.''.
(B) Chapter 3.--The table of sections for chapter 3
of title 9, United States Code, is amended by striking
the item relating to section 307 and inserting the
following:
``307. Application.''.
(3) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``4. Arbitration of employment, consumer, franchise, and 401''.
civil rights disputes.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of enactment of this Act and shall apply with respect to any
dispute or claim that arises on or after such date. | Arbitration Fairness Act of 2009 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer, or franchise, or civil rights dispute.
Declares, further, that the validity or enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.
Exempts from this Act arbitration provisions in a contract between an employer and a labor organization or between labor organizations. Denies to any such arbitration provision, however, the effect of waiving the right of an employee to seek judicial enforcement of a right arising under the Constitution of the United States, a state constitution, or a federal or state statute, or public policy arising therefrom. | A bill to amend title 9 of the United States Code with respect to arbitration. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Older Worker Opportunity Act of
2010''.
SEC. 2. TAX CREDIT FOR EMPLOYING OLDER WORKERS IN FLEXIBLE WORK
PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45R. FLEXIBLE WORK CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible employer, the flexible work credit determined under this
section for the taxable year shall be equal to 25 percent of the
qualified wages for such taxable year.
``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means an employer which--
``(1) maintains a qualified trust (within the meaning of
section 401(a)), and
``(2) provides health insurance coverage (as defined in
section 9832(b)(1)(A)) to employees and pays no less than 60
percent of the cost of such health insurance coverage with
respect to each full-time employee receiving such coverage.
``(c) Qualified Wages Defined.--For purposes of this section--
``(1) Qualified wages.--The term `qualified wages' means
the wages paid or incurred by an eligible employer during the
taxable year to eligible individuals.
``(2) Eligible individuals.--
``(A) In general.--The term `eligible individual'
means an individual who, at the time such wages are
paid or incurred--
``(i) has attained the age of 62, and
``(ii) is participating in a formal
flexible work program.
``(B) Limitation.--Such term shall not include any
individual who begins participation in a formal
flexible work program during any period in which more
than 20 percent of the employees of the eligible
employer are already participating in a formal flexible
work program.
``(3) Wages.--
``(A) In general.--The term `wages' has the meaning
given such term by subsection (b) of section 3306
(determined without regard to any dollar limitation
contained in such section).
``(B) Other rules.--Rules similar to the rules of
paragraph (2) and (3) of section 51(c) shall apply for
purposes of this section.
``(C) Termination.--The term `wages' shall not
include any amount paid or incurred to an individual
after December 31, 2012.
``(4) Only first $6,000 of wages per year taken into
account.--The amount of the qualified wages which may be taken
into account with respect to any individual shall not exceed
$6,000 per year.
``(d) Formal Flexible Work Program.--For purposes of this section--
``(1) In general.--The term `formal flexible work program'
means a program of an eligible employer--
``(A) which consists of core time and flex time,
``(B) under which core time does not exceed--
``(i) 20 hours per week,
``(ii) 3 days per week, or
``(iii) 1,000 hours per year, and
``(C) which meets the requirements of subsection
(e).
``(2) Core time.--The term `core time' means the specific
time--
``(A) during which an employee is required to
perform services related to employment, and
``(B) which is determined by the employer.
``(3) Flex time.--The term `flex time' means the time other
than core time--
``(A) during which an employee is required to
perform services related to employment, and
``(B) which is determined at the election of the
employee.
``(e) Requirements.--A program shall not be considered a formal
flexible work program under this section unless such program meets the
following requirements:
``(1) Duration of program.--The program shall allow for
participation for a period of at least 1 year.
``(2) No change in health care benefits.--With respect to a
participant whose work schedule is no less than 20 percent of
the work schedule of a similarly situated full-time employee--
``(A) such participant shall be entitled to the
same health insurance coverage to which a similarly
situated full-time employee would be entitled,
``(B) the employer shall contribute the same
percentage of the cost of health insurance coverage for
such participant as the employer would contribute for a
similarly situated full-time employee, and
``(C) such participant shall be entitled to
participate in a retiree health benefits plan of the
employer in the same manner as a similarly situated
full-time employee, except that service credited under
the plan for any plan year shall be equal to the ratio
of the participant's work schedule during such year to
the work schedule of a similarly situated full-time
employee during such year.
``(3) No reduction in pension benefits.--
``(A) Defined benefit plans.--
``(i) A participant shall be entitled to
participate in a defined benefit plan (within
the meaning of section 414(j)) of the employer
in the same manner as a similarly situated
full-time employee.
``(ii) Service credited to a participant
under the plan for any plan year shall be equal
to the ratio of the participant's work schedule
during such year to the work schedule of a
similarly situated full-time employee during
such year.
``(iii) If the plan uses final average
earnings to determine benefits, final average
earnings of the participant shall be no less
than such earnings were before the participant
entered the program.
``(B) Defined contribution plans.--A participant
shall be entitled to participate in a defined
contribution plan (within the meaning of section
414(i)) of the employer in the same manner as a
similarly situated full-time employee, and the employer
shall match the participant's contributions at the same
rate that the employer would match the contributions of
a similarly situated full-time employee.
``(C) No forfeiture of pension benefits.--The
pension benefits of a participant shall not be
forfeited under the rules of section 411(a)(3)(B) or
section 203(a)(3)(B) of the Employee Retirement Income
Security Act of 1974 with respect to a participant who
has attained normal retirement age as of the end of the
plan year.
``(4) Nondiscrimination rule.--Eligibility to participate
in the program shall not discriminate in favor of highly
compensated employees (within the meaning of section 414(q)).
``(f) Certain Individuals Ineligible.--For purposes of this
section, rules similar to the rules of section 51(i)(1) and section 52
shall apply.
``(g) Regulations.--The Secretary may prescribe such regulations as
are necessary to carry out the purposes of this section, including
simplified rules to satisfy the requirements of subsection (e)(3)(C)
taking into account the requirements of section 411 and section 203 of
the Employee Retirement Income Security Act of 1974.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (34), by striking the period at the
end of paragraph (35) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(36) the flexible work credit determined under section
45R(a).''.
(c) No Double Benefit.--Subsection (a) of section 280C of the
Internal Revenue Code of 1986 is amended by inserting ``45R(a),'' after
``45P(a),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45R. Flexible work credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to wages paid after December 31, 2009.
SEC. 3. FEDERAL TASK FORCE ON OLDER WORKERS.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor shall establish a Federal
Task Force on Older Workers (referred to in this Act as the ``Task
Force'').
(b) Membership.--The Task Force established pursuant to subsection
(a) shall be composed of representatives from all relevant Federal
agencies that have regulatory jurisdiction over, or a clear policy
interest in, issues relating to older workers, including the Internal
Revenue Service, the Social Security Administration, the Equal
Employment Opportunity Commission, and the Administration on Aging of
the Department of Health and Human Services.
(c) Activities.--
(1) After one year.--Not later than 1 year after the date
of establishment of the Task Force, the Task Force shall--
(A) identify statutory and regulatory provisions in
current law that tend to limit opportunities for older
workers, and develop legislative and regulatory
proposals to address such limitations;
(B) identify best practices in the private sector
for hiring and retaining older workers, and serve as a
clearinghouse of such information; and
(C) assess the effectiveness and cost of programs
that Federal agencies have implemented to hire and
retain older workers and recommend cost-effective
programs for all Federal agencies to hire and retain
older workers.
(2) After three years.--Not later than 3 years after the
date of establishment of the Task Force, the Task Force shall--
(A) assess the effectiveness of the provisions of
this Act; and
(B) organize a Conference on the Aging Workforce,
which shall include the participation of senior,
business, labor, and other interested organizations.
(3) Report.--The Task Force shall submit a report to
Congress on the activities of the Task Force pursuant to
paragraph (1). Such report shall be made available to the
public.
(d) Consultation.--In carrying out activities pursuant to this
section, the Task Force shall consult with senior, business, labor, and
other interested organizations.
(e) Applicability of FACA; Termination of Task Force.--
(1) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Task Force established pursuant to
this Act.
(2) Termination.--The Task Force shall terminate 30 days
after the date the Task Force completes all of its duties under
this Act. | Older Worker Opportunity Act of 2010 - Amends the Internal Revenue Code to allow employers who provide health and retirement benefits to their employees a tax credit for 25% of the first $6,000 of wages paid to individuals age 62 or older participating in a flexible work program. Terminates such credit after 2012.
Directs the Secretary of Labor to establish a Federal Task Force on Older Workers to promote the hiring and retention of older workers. Requires the Task Force to organize a Conference on the Aging Workforce, which shall include the participation of senior, business, labor, and other interested organizations. | To promote labor force participation of older Americans, with the goals of increasing retirement security, reducing the projected shortage of experienced workers, maintaining future economic growth, and improving the Nation's fiscal outlook. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Violent Crime Control Act of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) there is no reliable information on the amount of
ammunition available;
(2) importers and manufacturers of ammunition are not
required to keep records to report to the Federal Government on
ammunition imported, produced, or shipped;
(3) the rate of bullet-related deaths in the United States
is unacceptably high and growing;
(4) three calibers of bullets are used disproportionately
in crime: 9 millimeter, .25 caliber, and .32 caliber bullets;
(5) injury and death are greatest in young males, and
particularly young black males;
(6) epidemiology can be used to study bullet-related death
and injury to evaluate control options;
(7) bullet-related death and injury has placed increased
stress on the American family resulting in increased welfare
expenditures under title IV of the Social Security Act;
(8) bullet-related death and injury have contributed to the
increase in Medicaid expenditures under title XIX of the Social
Security Act;
(9) bullet-related death and injury have contributed to
increased supplemental security income benefits under title XVI
of the Social Security Act;
(10) a tax on the sale of bullets will help control bullet-
related death and injury;
(11) there is no central responsible agency for trauma,
there is relatively little funding available for the study of
bullet-related death and injury, and there are large gaps in
research programs to reduce injury;
(12) current laws and programs relevant to the loss of life
and productivity from bullet-related trauma are inadequate to
protect the citizens of the United States; and
(13) increased research in bullet-related violence is
needed to better understand the causes of such violence, to
develop options for controlling such violence, and to identify
and overcome barriers to implementing effective controls.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to increase the tax on the sale of 9 millimeter, .25
caliber, and .32 caliber bullets (except with respect to any
sale to law enforcement agencies) as a means of reducing the
epidemic of bullet-related death and injury;
(2) to undertake a nationally coordinated effort to survey,
collect, inventory, synthesize, and disseminate adequate data
and information for--
(A) understanding the full range of bullet-related
death and injury, including impacts on the family
structure and increased demands for benefit payments
under provisions of the Social Security Act;
(B) assessing the rate and magnitude of change in
bullet-related death and injury over time;
(C) educating the public about the extent of
bullet-related death and injury; and
(D) expanding the epidemiologic approach to
evaluate efforts to control bullet-related death and
injury and other forms of violence;
(3) to develop options for controlling bullet-related death
and injury;
(4) to build the capacity and encourage responsibility at
the individual, group, community, State and Federal levels for
control and elimination of bullet-related death and injury; and
(5) to promote a better understanding of the utility of the
epidemiologic approach for evaluating options to control or
reduce death and injury from nonbullet-related violence.
TITLE I--BULLET DEATH AND INJURY CONTROL PROGRAM
SEC. 101. BULLET DEATH AND INJURY CONTROL PROGRAM.
(a) Establishment.--There is established within the Centers for
Disease Control's National Center for Injury Prevention and Control
(referred to as the ``Center'') a Bullet Death and Injury Control
Program (referred to as the ``Program'').
(b) Purpose.--The Center shall conduct research into and provide
leadership and coordination for--
(1) the understanding and promotion of knowledge about the
epidemiologic basis for bullet-related death and injury within
the United States;
(2) developing technically sound approaches for
controlling, and eliminating, bullet-related deaths and
injuries;
(3) building the capacity for implementing the options, and
expanding the approaches to controlling death and disease from
bullet-related trauma; and
(4) educating the public about the nature and extent of
bullet-related violence.
(c) Functions.--The functions of the Program shall be--
(1) to summarize and to enhance the knowledge of the
distribution, status, and characteristics of bullet-related
death and injury;
(2) to conduct research and to prepare, with the assistance
of State public health departments--
(A) statistics on bullet-related death and injury;
(B) studies of the epidemic nature of bullet-
related death and injury; and
(C) status of the factors, including legal,
socioeconomic, and other factors, that bear on the
control of bullets and the eradication of the bullet-
related epidemic;
(3) to publish information about bullet-related death and
injury and guides for the practical use of epidemiological
information, including publications that synthesize information
relevant to national goals of understanding the bullet-related
epidemic and methods for its control;
(4) to identify socioeconomic groups, communities, and
geographic areas in need of study, develop a strategic plan for
research necessary to comprehend the extent and nature of
bullet-related death and injury, and determine what options
exist to reduce or eradicate such death and injury;
(5) to provide for the conduct of epidemiologic research on
bullet-related death and injury through grants, contracts,
cooperative agreements, and other means, by Federal, State, and
private agencies, institutions, organizations, and individuals;
(6) to make recommendations to Congress, the Bureau of
Alcohol, Tobacco, and Firearms, and other Federal, State, and
local agencies on the technical management of data collection,
storage, and retrieval necessary to collect, evaluate, analyze,
and disseminate information about the extent and nature of the
bullet-related epidemic of death and injury as well as options
for its control;
(7) to make recommendations to the Congress, the Bureau of
Alcohol, Tobacco, and Firearms, and other Federal, State and
local agencies, organizations, and individuals about options
for actions to eradicate or reduce the epidemic of bullet-
related death and injury;
(8) to provide training and technical assistance to the
Bureau of Alcohol, Tobacco, and Firearms and other Federal,
State, and local agencies regarding the collection and
interpretation of bullet-related data; and
(9) to research and explore bullet-related death and injury
and options for its control.
(d) Advisory Board.--
(1) In general.--The Center shall have an independent
advisory board to assist in setting the policies for and
directing the Program.
(2) Membership.--The advisory board shall consist of 13
members, including--
(A) 1 representative from the Centers for Disease
Control;
(B) 1 representative from the Bureau of Alcohol,
Tobacco and Firearms;
(C) 1 representative from the Department of
Justice;
(D) 1 member from the Drug Enforcement Agency;
(E) 3 epidemiologists from universities or
nonprofit organizations;
(F) 1 criminologist from a university or nonprofit
organization;
(G) 1 behavioral scientist from a university or
nonprofit organization;
(H) 1 physician from a university or nonprofit
organization;
(I) 1 statistician from a university or nonprofit
organization;
(J) 1 engineer from a university or nonprofit
organization; and
(K) 1 public communications expert from a
university or nonprofit organization.
(3) Terms.--Members of the advisory board shall serve for
terms of 5 years, and may serve more than 1 term.
(4) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
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.
(5) Travel expenses.--A member of the advisory board that
is not otherwise in the Federal Government service shall, to
the extent provided for in advance in appropriations Acts, be
paid actual travel expenses and per diem in lieu of subsistence
expenses in accordance with section 5703 of title 5, United
States Code, when the member is away from the member's usual
place of residence.
(6) Chair.--The members of the advisory board shall select
1 member to serve as chair.
(e) Consultation.--The Center shall conduct the Program required
under this section in consultation with the Bureau of Alcohol, Tobacco,
and Firearms and the Department of Justice.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 for fiscal year 1996, $2,500,000 for fiscal
year 1997, and $5,000,000 for each of fiscal years 1998, 1999, and 2000
for the purpose of carrying out this section.
(g) Report.--The Center shall prepare an annual report to Congress
on the Program's findings, the status of coordination with other
agencies, its progress, and problems encountered with options and
recommendations for their solution. The report for December 31, 1996,
shall contain options and recommendations for the Program's mission and
funding levels for the years 1996-2000, and beyond.
TITLE II--INCREASE IN EXCISE TAX ON CERTAIN BULLETS
SEC. 201. INCREASE IN TAX ON CERTAIN BULLETS.
(a) In General.--Section 4181 of the Internal Revenue Code of 1986
(relating to the imposition of tax on firearms, etc.) is amended by
adding at the end the following new flush sentence:
``In the case of 9 millimeter, .25 caliber, or .32 caliber ammunition,
the rate of tax under this section shall be 1,000 percent.''.
(b) Exemption for Law Enforcement Purposes.--Section 4182 of the
Internal Revenue Code of 1986 (relating to exemptions) is amended by
adding at the end the following new subsection:
``(d) Law Enforcement.--The last sentence of section 4181 shall not
apply to any sale (not otherwise exempted) to, or for the use of, the
United States (or any department, agency, or instrumentality thereof)
or a State or political subdivision thereof (or any department, agency,
or instrumentality thereof).''.
(c) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 1995.
TITLE III--USE OF AMMUNITION
SEC. 301. RECORDS OF DISPOSITION OF AMMUNITION.
(a) Amendment of Title 18, United States Code.--Section 923(g) of
title 18, United States Code, is amended--
(1) in paragraph (1)(A) by inserting after the second
sentence ``Each licensed importer and manufacturer of
ammunition shall maintain such records of importation,
production, shipment, sale, or other disposition of ammunition
at the licensee's place of business for such period and in such
form as the Secretary, in consultation with the Director of the
National Center for Injury Prevention and Control of the
Centers for Disease Control (for the purpose of ensuring that
the information that is collected is useful for the Bullet
Death and Injury Control Program), may by regulation prescribe.
Such records shall include the amount, caliber, and type of
ammunition.''; and
(2) by adding at the end thereof the following new
paragraph:
``(6) Each licensed importer or manufacturer of ammunition shall
annually prepare a summary report of imports, production, shipments,
sales, and other dispositions during the preceding year. The report
shall be prepared on a form specified by the Secretary, in consultation
with the Director of the National Center for Injury Prevention and
Control of the Centers for Disease Control (for the purpose of ensuring
that the information that is collected is useful for the Bullet Death
and Injury Control Program), shall include the amounts, calibers, and
types of ammunition that were disposed of, and shall be forwarded to
the office specified thereon not later than the close of business on
the date specified by the Secretary.''.
(b) Study of Criminal Use and Regulation of Ammunition.--The
Secretary of the Treasury shall request the Centers for Disease Control
to--
(1) prepare, in consultation with the Secretary, a study of
the criminal use and regulation of ammunition; and
(2) submit to Congress, not later than July 31, 1996, a
report with recommendations on the potential for preventing
crime by regulating or restricting the availability of
ammunition. | TABLE OF CONTENTS:
Title I: Bullet Death and Injury Control Program
Title II: Increase in Excise Tax on Certain Bullets
Title III: Use of Ammunition
Violent Crime Control Act of 1995 -
Title I: Bullet Death and Injury Control Program
- Establishes within the Centers for Disease Control's National Center for Injury Prevention and Control a Bullet Death and Injury Control Program. Directs the Center to conduct research into, and provide leadership and coordination for: (1) the understanding and promotion of knowledge about the epidemiologic basis for bullet-related death and injury within the United States; (2) developing technically sound approaches for controlling and eliminating bullet-related deaths and injuries; (3) building the capacity for implementing the options and for expanding the approaches to controlling death and disease from bullet-related trauma; and (4) educating the public about the nature and extent of bullet-related violence. Sets forth provisions regarding: (1) the functions of the Center; and (2) establishment of an independent advisory board to assist in setting the policies for and directing the Program.
Authorizes appropriations.
Title II: Increase in Excise Tax on Certain Bullets
- Amends the Internal Revenue Code to set the excise tax rate on .25 and .32 caliber and nine millimeter ammunition at 1,000 percent, with an exemption for law enforcement agencies.
Title III: Use of Ammunition
- Amends the Federal criminal code to require each licensed importer and manufacturer of ammunition to maintain records of and report annually on disposition of ammunition.
Directs the Secretary of the Treasury to prepare a study of the criminal use of, and regulation of, ammunition and to report to the Congress with recommendations on the potential for preventing crime by regulating or restricting the availability of ammunition. | Violent Crime Control Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Security and Land Stewardship
Act of 2001''.
SEC. 2. FLEXIBLE FALLOW PROGRAM.
(a) In General.--Section 132 of the Agricultural Market Transition
Act (7 U.S.C. 7232) is amended by adding at the end the following:
``(g) Flexible Fallow Program.--
``(1) Definition of total planted acreage.--In this
subsection, the term `total planted acreage' means the cropland
acreage of a producer that for the 2000 crop year was--
``(A) planted to a loan commodity;
``(B) prevented from being planted to a loan
commodity; or
``(C) fallow as part of a fallow rotation practice
with respect to a loan commodity, as determined by the
Secretary.
``(2) Authority.--In lieu of receiving a loan rate under
subsections (a) through (f), a producer, with respect to
production eligible for a loan under section 131, may elect to
participate in a flexible fallow program for any of the 2001 or
2002 crops under which annually--
``(A) the producer determines which acres of the
total planted acreage are assigned to a specific loan
commodity;
``(B) the producer determines--
``(i) the projected percentage reduction
rate of production of the specific loan
commodity based on the acreage assigned to the
loan commodity under subparagraph (A); and
``(ii) the acreage of the total planted
acreage of the producer to be set aside under
clause (i), regardless of whether the acreage
is on the same farm as the acreage planted to
the specific loan commodity;
``(C) based on the projected percentage reduction
rate of production as a result of the acreage set aside
under subparagraph (B), the producer receives the loan
rate for each loan commodity produced by the producer,
as determined under paragraph (3); and
``(D) the acreage planted to loan commodities for
harvest and set aside under this subsection is limited
to the total planted acreage of the producer.
``(3) Loan rates.--
``(A) In general.--Subject to subparagraphs (B) and
(C), in the case of a producer of a loan commodity that
elects to participate in the flexible fallow program
under this subsection, the loan rate for a marketing
assistance loan under section 131 for a crop of the
loan commodity shall be based on the projected
percentage reduction rate of production determined by
the producer under paragraph (2)(B), in accordance with
the following table:
``Projected Corn Loan Wheat Loan Rate Soybean Loan Rate Upland Cotton Rice Loan Rate
Percentage Rate ($/bushel) ($/bushel) Loan Rate ($/
Reduction Rate ($/bushel) ($/pound) hundredweight)
0% 1.89 2.75 4.72 0.5192 6.50
1% 1.91 2.78 4.77 0.5268 6.60
2% 1.93 2.81 4.81 0.5344 6.70
3% 1.95 2.83 4.86 0.5420 6.80
4% 1.97 2.86 4.91 0.5496 6.90
5% 1.99 2.89 4.96 0.5572 7.00
6% 2.01 2.92 5.01 0.5648 7.10
7% 2.03 2.95 5.06 0.5724 7.20
8% 2.05 2.98 5.11 0.5800 7.30
9% 2.07 3.01 5.16 0.5876 7.40
10% 2.09 3.04 5.21 0.5952 7.50
11% 2.12 3.08 5.29 0.6028 7.60
12% 2.15 3.13 5.36 0.6104 7.70
13% 2.18 3.17 5.43 0.6180 7.80
14% 2.21 3.22 5.51 0.6256 7.90
15% 2.24 3.27 5.58 0.6332 8.00
16% 2.28 3.31 5.65 0.6408 8.10
17% 2.31 3.36 5.73 0.6484 8.20
18% 2.34 3.41 5.81 0.6560 8.30
19% 2.37 3.46 5.88 0.6636 8.40
20% 2.41 3.51 5.96 0.6712 8.50
21% 2.44 3.55 6.04 0.6788 8.60
22% 2.47 3.60 6.12 0.6864 8.70
23% 2.51 3.65 6.19 0.6940 8.80
24% 2.54 3.70 6.27 0.7016 8.90
25% 2.57 3.75 6.35 0.7092 9.00
26% 2.61 3.80 6.43 0.7168 9.10
27% 2.64 3.85 6.51 0.7244 9.20
28% 2.68 3.90 6.60 0.7320 9.30
29% 2.71 3.95 6.68 0.7396 9.40
30% 2.75 4.01 6.76 0.7472 9.50.
``(B) County average yields.--
``(i) In general.--The loan rate for a
marketing assistance loan made to a producer
for a crop of a loan commodity under
subparagraph (A) shall apply with respect to
the production of the crop of the loan
commodity by the producer in a quantity that
does not exceed the historical county average
yield for the loan commodity established by the
National Agricultural Statistics Service,
adjusted for long-term yield trends.
``(ii) Excess production.--The loan rate
for a marketing assistance loan made to a
producer for a crop of a loan commodity under
subparagraph (A) with respect to the production
of the crop of the loan commodity in excess of
the historical county average yield for the
loan commodity described in clause (i) shall be
equal to the loan rate established for a 0%
projected percentage reduction rate for the
loan commodity under subparagraph (A).
``(iii) Disasters.--
``(I) In general.--If the
production of a crop of a loan
commodity by a producer is less than
the historical county average yield for
the loan commodity described in clause
(i) as a result of damaging weather, an
insurable peril, or related condition,
the producer may receive a payment on
the lost production that shall equal
the difference between--
``(aa) the maximum quantity
of loan commodity that could
have been designated for the
loan rate authorized under this
subsection for the producer;
and
``(bb) the quantity of loan
commodity the producer was able
to produce and commercially
market.
``(II) Calculation of payment.--The
payment described in subclause (I)
shall be equal to the loan deficiency
payment the producer could have
received on the lost production on any
date, selected by the producer, on
which a loan deficiency payment was
available for that crop of the loan
commodity.
``(C) Other loan commodities.--In the case of a
producer of a loan commodity not covered by
subparagraphs (A) and (B) that elects to participate in
the flexible fallow program under this subsection, the
loan rate for a marketing assistance loan under section
131 for the crop of the loan commodity shall be based
on--
``(i) in the case of grain sorghum, barley,
and oats, such level as the Secretary
determines is fair and reasonable in relation
to the rate that loans are made available for
corn, taking into consideration the feeding
value of the commodity in relation to corn;
``(ii) in the case of extra long staple
cotton, such level as the Secretary determines
is fair and reasonable; and
``(iii) in the case of oilseeds other than
soybeans, such level as the Secretary
determines is fair and reasonable in relation
to the loan rate available for soybeans, except
that the rate for the oilseeds (other than
cottonseed) shall not be less than the rate
established for soybeans on a per-pound basis
for the same crop.
``(4) Conservation uses.--
``(A) In general.--Subject to subparagraph (C), to
be eligible for a loan rate under this subsection, a
producer shall--
``(i) devote all acreage set aside under
this section to an annual conservation use
approved by the Secretary; and
``(ii) manage the set-aside acreage using
practices designed to enhance soil conservation
and wildlife habitat.
``(B) Limited grazing.--The Secretary may permit
limited grazing on the set-aside acreage where the
grazing is incidental to the gleaning of crop residues
on adjacent fields.
``(C) Other contracts.--A producer may enter into a
contract that requires multiyear conservation uses of
the set-aside acreage approved by the Secretary,
including carbon sequestration and recreational uses.
``(5) Certification.--To be eligible to participate in the
flexible fallow program for the 2001 or 2002 crops, a producer
shall certify to the Secretary (by farm serial number) the
total planted acreage assigned, planted, and set aside with
respect to each loan commodity.''.
(b) Conforming Amendments.--Section 132 of the Agricultural Market
Transition Act (7 U.S.C. 7232) is amended--
(1) in subsection (a)(1)(B), by striking ``$2.58'' and
inserting ``$2.75''; and
(2) in subsection (f)(1), by striking subparagraph (B) and
inserting the following:
``(B) not more than $4.72 per bushel.''.
(c) Crops.--This section and the amendments made by this section
shall apply to each of the 2001 and 2002 crops of a loan commodity (as
defined in section 102 of the Agricultural Market Transition Act (7
U.S.C. 7202)). | Food Security and Land Stewardship Act of 2001 - Amends the Agricultural Market Transition Act to establish a flexible fallow program for the 2001 and 2002 crop years under which a producer may idle a portion of the total loan commodity acreage in exchange for higher marketing assistance loan rates on the remaining acreage. | A bill to amend the Agricultural Market Transition Act to establish a flexible fallow program under which a producer may idle a portion of the total planted acreage of the loan commodities of the producer in exchange for higher loan rates for marketing assistance loans on the remaining acreage of the producer. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Library of Congress Bicentennial
Commemorative Coin Act of 1997''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Platinum Coins.--The Secretary may mint and issue not more than
100,000 $5 platinum coins instead of the gold coins required under
subsection (a)(1) in accordance with such specifications as the
Secretary determines to be appropriate.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the Strategic and
Critical Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the Library of Congress.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2000''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Library of Congress and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2000, and
ending on December 31, 2000.
(d) Promotion Consultation.--The Secretary shall--
(1) consult with the Library of Congress in order to
establish a role for the Library of Congress in the promotion,
advertising, and marketing of the coins minted under this Act;
and
(2) if the Secretary determines that such action would be
beneficial to the sale of coins minted under this Act, enter
into a contract with the Library of Congress to carry out the
role established under paragraph (1).
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge established by
the Secretary, in an amount equal to not more than--
(1) $35 per coin for the $5 coin; and
(2) $5 per coin for the $1 coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Library of Congress Trust Fund Board, to be used for
the purpose of supporting bicentennial programs, educational outreach
activities (including schools and libraries), and other activities of
the Library of Congress.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Library of Congress Trust Fund Board as may be related to
the expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Library of Congress Bicentennial Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins and one-dollar silver coins emblematic of the Library of Congress. Authorizes the Secretary to mint and issue $5 platinum coins in lieu of the gold coins.
Requires payment of coin sale surcharges to the Library of Congress Trust Fund Board to support Library activities. | Library of Congress Bicentennial Commemorative Coin Act of 1997 |
TITLE I--TUSCARORA NATION OF THE KAU-TA-NOH
SEC. 101. SHORT TITLE.
This title may be cited as the ``Tuscarora Nation of the Kau-ta-Noh
Recognition Act''.
SEC. 102. FINDINGS.
The Congress declares and finds the following:
(1) The Tuscarora Nation of the Kau-ta-Noh are descendants
and political successors to the Kau-ta-Noh Tribe, a branch of
those Indians known as the Tuscarora Indians at the time of
initial European contact with America.
(2) The Tuscarora Nation of the Kau-ta-Noh consists of over
1,000 eligible members who continue to reside close to their
ancestral homeland, an area now known as Hoke, Robeson, and
Wilson Counties within the State of North Carolina.
(3) The Tuscarora Nation of the Kau-ta-Noh continues its
political and social existence with a viable tribal government
carrying out many of its governmental functions through its
traditional forms of collective decision making and social
interaction.
(4) In 1989 the Tuscarora Nation of the Kau-ta-Noh
requested in writing that the United States Government, under
the Act of June 18, 1934 (25 U.S.C. 461 et seq.; commonly
referred to as the ``Indian Reorganization Act of 1934''),
recognize the Tuscarora Nation of the Kau-ta-Noh.
(5) For 8 years the United States Government lost the
request for recognition filed by the Tuscarora Nation of the
Kau-ta-Noh. Although the recognition request was discovered in
1997 by officials of the United States Government within its
own files, no action has been taken by the United States
Government on that recognition request.
SEC. 103. DEFINITIONS.
For the purposes of this title:
(1) The term ``Tribe'' means the Tuscarora Nation of the
Kau-ta-Noh.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``member'' means an individual who is included
on the Tribe's membership roll.
SEC. 104. ESTABLISHMENT OF FEDERAL TRUST RELATIONSHIP.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of general application to Indians
or nations, tribes, or bands of Indians that are not inconsistent with
any specific provision of this Act shall be applicable to the Tribe and
its members.
(b) Federal Benefits and Services.--The Tribe and its members shall
be eligible, on or after the date of the enactment of this Act, for all
Federal benefits and services furnished to federally recognized Indian
tribes and their members because of their status as Indians without
regard to the existence of a reservation for the Tribe or the residence
of any member on or near an Indian reservation.
(c) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.) shall be applicable to the Tribe and its
members.
SEC. 105. TRIBAL LANDS.
(a) Lands Taken Into Trust.--Notwithstanding any other provision of
law, if, not later than 2 years after the date of the enactment of this
Act, the Tribe transfers land within the boundaries of Hoke County,
Robeson County, and Wilson County, North Carolina, to the Secretary,
the Secretary shall take such land into trust for the benefit of the
Tribe.
(b) Reservation Established.--Land taken into trust pursuant to
subsection (a) shall be the initial reservation of the Tribe.
SEC. 106. BASE MEMBERSHIP ROLL.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Tribe shall submit to the Secretary a
membership roll consisting of all individuals who are members of the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be determined by the membership clauses in the Tribe's
governing document. Upon completion of the membership roll, the
Secretary shall publish notice of such in the Federal Register. The
Tribe shall ensure that such roll is maintained and kept current.
(b) Future Membership.--The Tribe shall have the right to determine
future membership in the Tribe.
SEC. 107. JURISDICTION.
The reservation established pursuant to this title shall be Indian
Country under exclusive Federal jurisdiction.
SEC. 108. ORGANIZATION OF TRIBE.
(a) Organization and Organic Governing Document.--The Tribe may
organize for its common welfare and adopt an appropriate instrument, in
writing, to govern the affairs of the Tribe when acting in its
governmental capacity. The Tribe shall file with the Secretary of the
Interior a copy of its organic governing document and any amendments
thereto.
(b) New Governing Document or Amendments or Revisions of Interim
Governing Document; Tribal Election.--Not less than 24 months after the
date of the enactment of this Act, the Tribe's governing body may
propose a new governing document or amendments or revisions to the
interim governing document, and the Secretary shall conduct a tribal
election as to the adoption of that proposed document not later than 6
months after the date that the document is transmitted to the
Secretary.
(c) Approval of New Governing Document.--The Secretary shall
approve the new governing document if that document is approved by a
majority of the tribal voters unless the Secretary determines that such
document is in violation of any laws of the United States.
(d) Interim Governing Document Pending Approval.--Until the Tribe
adopts and the Secretary approves a new governing document, the interim
governing document of the Tribe shall be the Tribe's constitution,
known as the Great Law of Peace.
(e) Governing Body Pending Adoption of Final Document.--Until the
Tribe adopts a final governing document, the Tribe's governing body
shall consist of the Tribe's governing body on the date of the
enactment of this Act.
TITLE II--QUTEKCAK NATIVE TRIBE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Qutekcak Native Tribe Recognition
Act''.
SEC. 202. FINDINGS.
The Congress declares and finds the following:
(1) The Qutekcak Native Tribe wishes to continue to
exercise its inherent right to self-determination and self-
governance and to maintain and strengthen its distinct
political, economic, social, and cultural characteristics in
the spirit of its ancestors.
(2) The Qutekcak Native Tribe consists of 257 members who
continue to reside within their ancestral homeland, an area
which includes the lands and waters located within Resurrection
and Aialik Bays within the State of Alaska and an area which
has been traditionally used or owned by the Native people of
Qutekcak and neighboring villages.
(3) The Qutekcak Native Tribe has a tribal government which
has traditionally functioned through time honored
decisionmaking processes which have been reinforced for
centuries by the social acceptance of its members.
SEC. 203. DEFINITIONS.
For the purposes of this title:
(1) The term ``Tribe'' means the Qutekcak Native Tribe.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``member'' means an enrolled member of the
Tribe, as of the date of the enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 204. ESTABLISHMENT OF FEDERAL TRUST RELATIONSHIP.
(a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. All laws and regulations of general application to Alaska
Natives, Alaska Native villages, and Indians or nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this title shall be applicable to the Tribe and its members.
(b) Federal Benefits and Services.--The Tribe and its members shall
be eligible, on or after the date of the enactment of this Act, for all
Federal benefits and services furnished to federally recognized Alaska
Native villages and Indian tribes and their members because of their
status as Alaska Natives or Indians without regard to the existence of
a reservation for the Tribe or the residence of any member on or near
an Alaska Native village or Indian reservation.
(c) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.) shall be applicable to the Tribe and its
members.
SEC. 205. BASE MEMBERSHIP ROLL.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Tribe shall submit to the Secretary a
membership roll consisting of all individuals who are members of the
Tribe. The qualifications for inclusion on the membership roll of the
Tribe shall be developed and based upon the membership clauses in the
Tribe's governing document. Upon completion of the membership roll, the
Secretary shall publish notice of such in the Federal Register. The
Tribe shall ensure that such roll is maintained and kept current.
(b) Future Membership.--The Tribe shall have the right to determine
future membership in the Tribe.
SEC. 206. ORGANIZATION OF TRIBE.
(a) Organization and Organic Governing Document.--The Tribe may
organize for its common welfare and adopt an appropriate instrument, in
writing, to govern the affairs of the Tribe when acting in its
governmental capacity. The Tribe shall file with the Secretary of the
Interior a copy of its organic governing document and any amendments
thereto.
(b) New Governing Document or Amendments or Revisions of Interim
Governing Document; Tribal Election.--Not less than 24 months after the
date of the enactment of this Act, the Tribe's governing body may
propose a new governing document or amendments or revisions to the
interim governing document, and the Secretary shall conduct a tribal
election as to the adoption of that proposed document not later than 6
months after the date that the document is transmitted to the
Secretary.
(c) Approval of New Governing Document.--The Secretary shall
approve the new governing document if that document is approved by a
majority of the tribal voters unless the Secretary determines that such
document is in violation of any laws of the United States.
(d) Interim Governing Document Pending Approval.--Until the Tribe
adopts and the Secretary approves a new governing document, the interim
governing document of the Tribe shall be the Tribe's constitution.
(e) Governing Body Pending Adoption of Final Document.--Until the
Tribe adopts a final governing document, the Tribe's governing body
shall consist of the Tribe's governing body on the date of the
enactment of this Act. | TABLE OF CONTENTS:
Title I: Tuscarora Nation of the Kau-ta-noh
Title II: Qutekcak Native Tribe
Title I: Tuscarora Nation of the Kau-ta-Noh
- Tuscarora Nation of the Kau-ta-Noh Recognition Act - Extends Federal recognition to the Tuscarora Nation of the Kau-ta-Noh of North Carolina.
Directs: (1) the Secretary of the Interior to take land within the boundaries of Hoke County, Robeson County, and Wilson County, North Carolina, into trust for the Tuscarora Tribe if the Tribe transfers such land to the Secretary within two years; and (2) that such land be the Tribe's initial reservation.
Requires: (1) the Tribe, not later than 18 months after the enactment of this Act, to submit a membership roll consisting of all individuals who are members of the Tribe; (2) the Secretary, upon the completion of the roll, to publish notice of such in the Federal Register; and (3) the Tribe to ensure that the role is maintained and kept current.
Allows the Tribe to organize for its common welfare and adopt an appropriate instrument, in writing, to govern its affairs when acting in its governmental capacity. Permits the Tribe's governing body, not less than 24 months after enactment, to propose a new governing document or amendments or revisions to the interim governing document, and requires the Secretary to conduct a tribal election as to the adoption of that proposed document not later than six months after that document is transmitted to the Secretary. Provides that, until the Tribe adopts and the Secretary approves a new governing document, the Tribe's interim governing document shall be its constitution.
Title II: Quteckcak Native Tribe
- Qutekcak Native Tribe Recognition Act - Extends Federal recognition to, and sets forth provisions similar to provisions of title I regarding, the Qutekcak Native Tribe of Alaska. | To provide for Federal recognition of the Qutekcak Native Tribe of Alaska and the Tuscarora Nation of the Kau-ta-Noh, and for other purposes. |
SECTION 1. ENHANCED PERIMETER SECURITY AND ACCESS CONTROL THROUGH
COMPREHENSIVE SCREENING OF AIRPORT WORKERS.
(a) Pilot Program.--Not later than 120 days after the date of the
enactment of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall carry out a pilot
program at 7 service airports to screen all individuals with unescorted
access to secure and sterile areas of the airport in accordance with
section 44903(h) of title 49, United States Code.
(b) Participating Airports.--At least 2 of the airports
participating in the pilot program shall be large hub airports (as
defined in section 40102 of title 49, United States Code). At least 1
of the airports participating in the pilot program shall be a category
III airport. Each of the remaining airports participating in the pilot
program shall represent a different airport security risk category (as
defined by the Assistant Secretary).
(c) Screening Standards.--
(1) In general.--Except as provided under paragraphs (2)
and (3), screening for individuals with unescorted access under
the pilot program shall be conducted under the same standards
as apply to passengers at airport security screening
checkpoints and, at a minimum of 1 airport, shall be carried
out by a private screening company that meets the standards in
accordance with section 44920(d) of title 49, United States
Code. That airport shall be an airport that uses such a private
screening company to carry out passenger screenings as of the
date of the enactment of this Act.
(2) Designated screening lane.--In addition to the
requirements under paragraph (1), each airport participating in
the pilot program shall designate at least one screening lane
at each airport security screening checkpoint to be used to
screen individuals with unescorted access on a priority basis
under the pilot program. Such lane may also be used to screen
passengers.
(3) Alternative means of screening.--At 1 of the 7 airports
participating in the pilot program, the Assistant Secretary
shall deploy, instead of the screening standards required under
paragraphs (1) and (2), alternative means of screening all
individuals with unescorted access to secure and sterile areas
of the airport. Alternative means of screening may include--
(A) biometric technology for airport access
control;
(B) behavior recognition programs;
(C) canines to screen individuals with unescorted
access to secure and sterile areas of the airport;
(D) targeted physical inspections of such
individuals;
(E) video cameras; and
(F) increased vetting, training, and awareness
programs for such individuals.
(d) Vulnerability Assessments.--As part of the pilot program under
this section, the Assistant Secretary shall conduct a vulnerability
assessment of each airport participating in the pilot program. Each
such assessment shall include an assessment of vulnerabilities relating
to access badge and uniform controls.
(e) Technology Assessments.--Airport operators at each airport at
which the pilot program under this section is implemented shall conduct
an assessment of the screening technology being used at that airport
and submit the results of the assessment to the Assistant Secretary.
The Assistant Secretary shall compile the results of all the
assessments and provide them to each airport participating in the pilot
program.
(f) Operational Assessments.--As part of the pilot program under
this section, the Assistant Secretary shall conduct an operational
assessment at each airport participating in the pilot program. Each
such assessment shall include an evaluation of--
(1) the effect on security of any increase in terminal
congestion created as a result of screening individuals with
unescorted access under the pilot program;
(2) the average wait times at screening checkpoints for
passengers and individuals with unescorted access;
(3) any additional personnel required to screen individuals
with unescorted access;
(4) the effect of screening individuals with unescorted
access on other security-related activities at the airport;
(5) any lost productivity of individuals with unescorted
access associated with airport participation in the pilot
program; and
(6) the rate at which ``prohibited items'' are detected and
confiscated from individuals with unescorted access.
(g) Duration.--The pilot program shall be carried out for a period
of not less than 180 days.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
(i) Report.--
(1) In general.--Not later than 90 days after the last day
of the pilot program, the Assistant Secretary shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
pilot program.
(2) Contents of report.--The report shall include the
following:
(A) An assessment of the effect of screening all
airport workers with access to secure and sterile
airport areas on screening and logistical resources.
(B) An assessment of the security improvements that
are achieved from screening such workers.
(C) An assessment of the costs of screening such
workers.
(D) The results of the vulnerability assessments
conducted under subsection (d).
(E) An estimate of the infrastructure and personnel
requirements necessary to implement a screening program
for individuals with unescorted access at all
commercial service airports in the United States in
order to process each such individual and each
passenger through each screening checkpoint in fewer
than 10 minutes.
Passed the House of Representatives December 11, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Directs the Assistant Secretary of Homeland Security (Transportation Security Administration) to: (1) implement a pilot program at seven commercial service airports to screen all individuals with unescorted access to secure and sterile areas of the airport; and (2) conduct a vulnerability assessment of, and an operational assessment at, each airport participating in such program. Requires: (1) at least two of the participating airports to be large hub airports and at least one of the airports to be a category III airport, with each of the remaining airports representing a different airport security risk category; (2) screening to be conducted under the same standards as apply to passengers at airport security screening checkpoints, to be carried out by private screeners, and, in addition, the designation of at least one lane to be used to screen individuals with unescorted access on a priority basis; (3) deployment of alternative means of screening of all individuals at one of the participating airports; (4) each participating airport operator to conduct an assessment of the screening technology used at the airport and to submit the results to the Assistant Secretary; and (5) the program to be carried out for not less than 180 days.
Authorizes appropriations.
Requires the Assistant Secretary to report to Congress on the results of the program. | To direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to address vulnerabilities in aviation security by carrying out a pilot program to screen airport workers with access to secure and sterile areas of airports, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Connecticut River Partnership
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Connecticut River watershed in the States of
Connecticut and Massachusetts is a scenic region of cities and
historic villages located in an internationally and nationally
significant landscape of working farms, verdant forests,
mountains, and broad fertile floodplains of New England's
longest river, the Connecticut River.
(2) The Connecticut River and its tributaries provide
outstanding fish and wildlife habitat, recreation, and
hydropower generation for the New England region.
(3) The Connecticut River watershed has been recognized by
Congress as part of the Silvio O. Conte National Fish and
Wildlife Refuge, established by the Silvio O. Conte National
Fish and Wildlife Refuge Act (16 U.S.C. 668dd note; Public Law
102-212).
(4) The demonstrated interest in stewardship of the River
by the citizens living in the watershed led to the Presidential
designation of the River as one of 14 American Heritage Rivers
on July 30, 1998.
(5) Where management of the River involves partnership with
local communities and organizations, support for the
partnership should be provided by the Secretary.
(b) Purpose.--The purpose of this Act is to authorize the Secretary
to provide to the States of Connecticut and Massachusetts technical and
financial assistance for management of the River and the River
watershed.
SEC. 3. DEFINITIONS.
For the purpose of this Act, the following definitions apply:
(1) River.--The term ``River'' means the Connecticut River.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) the State of Connecticut; or
(B) the State of Massachusetts.
SEC. 4. ASSISTANCE FOR STATES.
(a) In General.--The Secretary may provide to the States technical
and financial assistance in managing the River and the River watershed
in cooperation and collaboration with conservation organizations and
regional planning agencies in the watershed, including assistance for
the following:
(1) Developing policies for water quality, flow management,
and recreational boating for the River.
(2) Developing protection plans for water quality in the
tributaries that flow into the River.
(3) Developing a coordinated, collaborative approach on the
part of the States for monitoring the quality of the River for
human use and ecological health.
(4) Restoring and protecting priority riverbanks to improve
water quality and aquatic and riparian habitat.
(5) Encouraging and assisting communities, farmers,
conservation organizations, and riverfront landowners in--
(A) establishing and protecting riparian buffers;
and
(B) preventing nonpoint source pollution.
(6) Encouraging and assisting communities in--
(A) protecting shoreland, wetland, and flood
plains; and
(B) managing and treating stormwater runoff.
(7) In cooperation with dam owners--
(A) evaluating the decommissioning of uneconomic
dams in the watershed; and
(B) restoring natural riverine habitat.
(8) Protecting and restoring the habitat of native trout,
anadromous fisheries, and other outstanding fish and wildlife
resources.
(9) Encouraging new and improved markets for local
agricultural products.
(10) Encouraging the protection of farmland and
economically sustainable agriculture.
(11) Developing and promoting locally planned, approved,
and managed networks of heritage trails and water trails.
(12) Coordinating and fostering opportunities for heritage
tourism and agritourism.
(13) Demonstrating economic development based on heritage
tourism.
(14) Supporting local stewardship.
(15) Strengthening nonregulatory protection of heritage
resources.
(16) Encouraging public access to the River from towns and
cities in the Valley.
(17) Establishing indicators of sustainability.
(18) Monitoring the impact of increased tourism and
recreational use on natural and historic resources.
(b) Administrative Costs.--Not more than 10 percent of the funds
made available to any State under this Act may be used for
administrative costs.
(c) Coordination With Other Entities.--The Secretary shall
encourage States receiving assistance under this Act to work in
coordination with units of local government and nonprofit organizations
when carrying out activities listed in subsection (a). | Lower Connecticut River Partnership Act - Authorizes the Secretary of the Interior to provide technical and financial assistance to the States of Connecticut and Massachusetts for management of the Connecticut River and the River's watershed. | To authorize the Secretary of the Interior to provide assistance in implementing cultural heritage, conservation, and recreational activities in the Connecticut River watershed of the States of Connecticut and Massachusetts, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Reduction Priority Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On October 7, 2008, Congress established the Troubled
Assets Relief Program (TARP) as part of the Emergency Economic
Stabilization Act (Public Law 110-343; 122 Stat. 3765) and
allocated $700,000,000,000 for the purchase of toxic assets
from banks with the goal of restoring liquidity to the
financial sector and restarting the flow of credit in our
markets.
(2) The Department of Treasury, without consultation with
Congress, changed the purpose of TARP and began injecting
capital into financial institutions through a program called
the Capital Purchase Program (CPP) rather than purchasing toxic
assets.
(3) Lending by financial institutions was not noticeably
increased with the implementation of the CPP and the
expenditure of $250,000,000,000 of TARP funds, despite the goal
of the program.
(4) The recipients of amounts under the CPP are now faced
with additional restrictions related to accepting those funds.
(5) A number of community banks and large financial
institutions have expressed their desire to return their CPP
funds to the Department of Treasury and the Department has
begun the process of accepting receipt of such funds.
(6) The Department of the Treasury should not unilaterally
determine how these returned funds are spent in the future and
the Congress should play a role in any determination of future
spending of funds returned through the TARP.
SEC. 3. DEBT REDUCTION.
(a) In General.--Title I of the Emergency Economic Stabilization
Act of 2008 (12 U.S.C. 5211 et seq.) is amended by adding at the end
the following:
``SEC. 137. DEBT REDUCTION.
``Not later than 30 days after the date of enactment of this
section, the Secretary of the Treasury shall deposit any amounts
received by the Secretary for repayment of financial assistance or for
payment of any interest on the receipt of such financial assistance by
an entity that has received financial assistance under the TARP or any
program enacted by the Secretary under the authorities granted to the
Secretary under this Act, including the Capital Purchase Program, in
the Public Debt Reduction Payment Account established under section
3114 of title 31, United States Code.''.
SEC. 4. ESTABLISHMENT OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.
(a) In General.--Subchapter I of chapter 31 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 3114. Public Debt Reduction Payment Account
``(a) There is established in the Treasury of the United States an
account to be known as the Public Debt Reduction Payment Account
(hereinafter in this section referred to as the `account').
``(b) The Secretary of the Treasury shall use amounts in the
account to pay at maturity, or to redeem or buy before maturity, any
obligation of the Government held by the public and included in the
public debt. Any obligation which is paid, redeemed, or bought with
amounts from the account shall be canceled and retired and may not be
reissued. Amounts deposited in the account are appropriated and may
only be expended to carry out this section.
``(c) There shall be deposited in the account any amounts which are
received by the Secretary of the Treasury pursuant to section 137 of
the Emergency Economic Stabilization Act of 2008. The funds deposited
to this account shall remain available until expended.
``(d) The Secretary of the Treasury and the Director of the Office
of Management and Budget shall each take such actions as may be
necessary to promptly carry out this section in accordance with sound
debt management policies.
``(e) Reducing the debt pursuant to this section shall not
interfere with the debt management policies or goals of the Secretary
of the Treasury.''.
(b) Conforming Amendment.--The chapter analysis for chapter 31 of
title 31, United States Code, is amended by inserting after the item
relating to section 3113 the following:
``3114. Public debt reduction payment account.''.
SEC. 5. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT.
Section 3101(b) of title 31, United States Code, is amended by
inserting ``minus the aggregate amounts deposited into the Public Debt
Reduction Payment Account pursuant to section 3114(c)'' before ``,
outstanding at one time''.
SEC. 6. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT.
Notwithstanding any other provision of law, the receipts and
disbursements of the Public Debt Reduction Payment Account established
by section 3114 of title 31, United States Code, shall not be counted
as new budget authority, outlays, receipts, or deficit or surplus for
purposes of--
(1) the budget of the United States Government as submitted
by the President,
(2) the congressional budget, or
(3) the Balanced Budget and Emergency Deficit Control Act
of 1985.
SEC. 7. REMOVING PUBLIC DEBT REDUCTION PAYMENT ACCOUNT FROM BUDGET
PRONOUNCEMENTS.
(a) In General.--Any official statement issued by the Office of
Management and Budget, the Congressional Budget Office, or any other
agency or instrumentality of the Federal Government of surplus or
deficit totals of the budget of the United States Government as
submitted by the President or of the surplus or deficit totals of the
congressional budget, and any description of, or reference to, such
totals in any official publication or material issued by either of such
Offices or any other such agency or instrumentality, shall exclude the
outlays and receipts of the Public Debt Reduction Payment Account
established by section 3114 of title 31, United States Code.
(b) Separate Public Debt Reduction Payment Account Budget
Documents.--The excluded outlays and receipts of the Public Debt
Reduction Payment Account established by section 3114 of title 31,
United States Code, shall be submitted in separate budget documents. | Debt Reduction Priority Act - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to require the Secretary of the Treasury to deposit in the Public Debt Reduction Payment Account (established by this Act) amounts received for repayment of financial assistance or payment of interest on the receipt of such assistance by an entity under the Troubled Asset Relief Program (TARP) or any program enacted by the Secretary under the authorities granted under such Act, including the Capital Purchase Program.
Requires the Secretary to use amounts in the Account to pay at maturity, or to redeem or buy before maturity, any obligation of the government held by the public and included in the public debt.
Reduces the public debt limit by the aggregate of amounts deposited into the Account.
Excludes receipts and disbursements of the Account from consideration as new budget authority, outlays, receipts, or deficit or surplus for purposes of the President's budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985. Requires outlays and receipts of the Account to be excluded from any official statement of budget surplus or deficit totals issued by the Office of Management and Budget (OMB), the Congressional Budget Office (CBO), or any other federal agency or instrumentality. | A bill to require the Secretary of the Treasury to use any amounts repaid by a financial institution that is a recipient of assistance under the Troubled Assets Relief Program for debt reduction. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fishing Quota Act of 2003''.
SEC. 2. FISHING QUOTA SYSTEMS.
(a) In General.--Section 303 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853) is amended--
(1) by striking subsection (b)(6) and inserting the
following:
``(6) establish a limited access system for the fishery in
order to achieve optimum yield if, in developing such system,
the Council and the Secretary take into account--
``(A) the conservation requirements of this Act
with respect to the fishery;
``(B) present participation in the fishery;
``(C) historical fishing practices in, and
dependence on, the fishery;
``(D) the economics of the fishery;
``(E) the capability of fishing vessels used in the
fishery to engage in other fisheries;
``(F) the cultural and social framework relevant to
the fishery and any affected fishing communities;
``(G) the fair and equitable distribution of a
public resource; and
``(H) any other relevant considerations.'';
(2) by striking subsection (d) and inserting the following:
``(d) Fishing Quota Systems.--
``(1) Establishment.--Any fishery management plan or
amendment that is prepared by any Council, or by the Secretary,
with respect to any fishery, may establish a fishing quota
system consistent with the provisions of subsection (b)(6).
``(2) In general.--The Councils and Secretary shall ensure
that any such fishing quota system submitted and approved after
September 30, 2002, complies with the requirements of this Act
and--
``(A) shall prevent any person from acquiring an
excessive share of the fishing quotas issued, as
appropriate for the fishery, and establish any other
limits or measures necessary to prevent inequitable
concentration of quota share;
``(B) shall provide for the fair and equitable
initial allocation of quota share and in such
allocation--
``(i) shall take into account present and
historic participation in the fishery;
``(ii) shall consider allocating a portion
of the annual harvest to entry-level fishermen,
small vessel owners, skippers, crew members,
and fishing communities; and
``(iii) may allocate shares among
categories of vessels or gear types;
``(C) shall contain provisions for the regular
review and evaluation of the system, including
timetables and criteria for evaluating performance, and
actions to be taken for failure to meet the criteria;
``(D) shall contain criteria that would govern
limitation, revocation, renewal, reallocation, or
reissuance of fishing quota, including:
``(i) reallocation or reissuance of quota
revoked pursuant to section 308 of this Act;
``(ii) revocation and reissuance of fishing
quota if the owner of the quota cease to
substantially participate in the fishery; and
``(iii) exceptions to revocation or
limitation in cases of death, disablement,
undue hardship, or in any case in which fishing
is prohibited by the Secretary;
``(E) shall provide a process for appeals of
decisions on--
``(i) eligibility of a person to receive or
bid for an allocation of quota shares; and
``(ii) limitations, restrictions and
revocations of quota held by a person;
``(F) shall promote management measures to improve
the conservation and management of the fishery,
including reduction of bycatch;
``(G) shall provide for effective enforcement,
monitoring, management of such system, including
adequate data collection and use of observers at least
at a level of coverage that should yield statistically
significant results;
``(H) may provide for the sale, lease or transfer
of quota shares and limitations thereto;
``(I) shall provide a mechanism, such as fees as
authorized by section 304(d)(2), including fees payable
on quota transfers to recover costs related to
administering and implementing the program, including
enforcement, management and data collection (including
adequate observer coverage), if the assessment of such
fees is proportional to the amount of quota held and
fished by each quota holder and if such fees are used
only for that fishing quota system;
``(J) shall consider the use of community or area-
based approaches and strategies in developing fishing
quota systems and consider other management measures,
including measures to facilitate formation of fishery
cooperative arrangements, taking into account proximity
to and dependence on the resource, contribution of
fishing to the social and economic status of the
community, and historic participation in the fishery;
and
``(K) shall include procedures and requirements
necessary to carry out subparagraphs (A) through (J).
``(3) No creation of right, title, or interest.--A fishing
quota or other limited access system authorization--
``(A) shall be considered a permit for the purposes
of sections 307, 308, and 309;
``(B) may be revoked or limited at any time in
accordance with this Act, including for failure to
comply with the terms of the plan or if the system is
found to have jeopardized the sustainability of the
stock or the safety of fishermen;
``(C) shall not confer any right of compensation to
the holder of such fishing quota or other such limited
access system authorization if it is revoked or
limited;
``(D) shall not create, or be construed to create,
any right, title, or interest in or to any fish before
the fish is harvested; and
``(E) shall be considered a grant of permission to
the holder of the fishing quota to engage in activities
permitted by the fishing quota system.
``(4) Eligibility.--Persons eligible to hold fishing quota
shares are persons who are United States citizens, or who are
United States nationals or permanent resident aliens qualified
by Federal law to participate in the fishery.
``(5) Duration.--Any fishing quota system established under
this section after the date of enactment of the Fishing Quota
Act of 2003 shall expire at the end of a 10-year period
beginning on the date the system is established, or at the end
of successive 10 year periods thereafter, unless extended by a
fishery management plan amendment in accordance with this Act,
for successive periods not to exceed 10 years.
``(6) Referendum procudures.--
``(A) Except as provided in subparagraph (C) for
the Gulf of Mexico commercial red snapper fishery, a
Council may not submit, and the Secretary not approve
or implement a fishery management plan or amendment
that creates a fishing quota system, including a
secretarial plan, unless such a system, as ultimately
developed, has been approved by more than two-thirds of
those voting in a referendum among eligible permit
holders. If a fishing quota system fails to be approved
by the requisite number of those voting, it may be
revised and submitted for approval in a subsequent
referendum.
``(B) The Secretary shall conduct the referendum
referred to in this paragraph, including notifying all
persons eligible to participate in the referendum and
making available to them information concerning the
schedule, procedures and eligibility requirements for
the referendum process and the proposed fishing quota
system. The Secretary shall within one year of
enactment of the Fishing Quota Act of 2003 publish
guidelines and procedures to determine procedures and
voting eligibility requirements for referenda and to
conduct such referenda in a fair and equitable manner.
``(C) The provisions of section 407(c) shall apply
in lieu of this paragraph for any fishing quota system
for the Gulf of Mexico commercial red snapper fishery.
``(D) Chapter 35 of title 44, United States Code,
(commonly known as the ``Paperwork Reduction Act'')
does not apply to the referenda conducted under this
paragraph.
``(7)(A) No provision of law shall be construed to limit
the authority of a Council to submit, or the Secretary to
approve, the termination or limitation, without compensation to
holders of any limited access system permits, of a fishery
management plan, plan amendment, or regulation that provides
for a limited access system, including an fishing quota system.
``(B) This subsection shall not apply to, or be construed
to prohibit a Council from submitting, or the Secretary from
approving and implementing, amendments to the North Pacific
halibut and sablefish, South Atlantic wreckfish, or Mid-
Atlantic surf clam and ocean (including mahogany) quahog
individual fishing quota programs.
``(8)(A) A Council may submit, and the Secretary may
approve and implement, a program which reserves up to 25
percent of any fees collected from a fishery under section
304(d)(2) to be used, pursuant to section 1104A(a)(7) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1274(a)(7)), to issue
obligations that aid in financing the--
``(i) purchase of fishing quotas in that fishery by
fishermen who fish from small vessels; and
``(ii) first-time purchase of fishing quotas in
that fishery by entry level fishermen.
``(B) A Council making a submission under subparagraph (A)
shall recommend criteria, consistent with the provisions of
this Act, that a fisherman must meet to qualify for guarantees
under clauses (i) and (ii) of subparagraph (A) and the portion
of funds to be allocated for guarantees under each clause.''.
(b) Independent Review.--Section 303 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1853) is further
amended by adding at the end the following:
``(e)(1) Within 5 years after the date of enactment of the Fishing
Quota Act of 2003, and every 5 years thereafter, the National Research
Council shall provide an independent review of the effectiveness of
fishing quota systems conducted in Federal fisheries.
``(2) The review shall be conducted by an independent panel of
individuals who have knowledge and experience in fisheries conservation
and management, in the implementation of fishing quota systems, or in
the social or economic characteristics of fisheries. The National
Research Council shall ensure that members of the panel are qualified
for appointment, are not active quota share holders, and provide fair
representation to interests affected by such programs.
``(3) The independent review of fishing quota systems shall
include--
``(A) a determination of how fishing quota systems affect
fisheries management and contribute to improved management,
conservation (including bycatch reduction) and safety in the
fishery;
``(B) formal input in the form of testimony from quota
holders relative to the effectiveness of the fishing quota
system;
``(C) an evaluation of the social, economic and biological
consequences of the quota system, including the economic
effects of the system on fishing communities;
``(D) an evaluation of the costs of implementing,
monitoring and enforcing the systems and the methods used to
establish or allocate individual quota shares; and
``(E) recommendations to the Councils and the Secretary to
ensure that quota systems meet the requirements of this Act and
the goals of the plans, and recommendations to the Secretary
for any changes to regulations issued under section 304(i).
``(4) The Secretary shall submit the report to the Congress and any
appropriate Councils within 60 days after the review is completed.''.
(c) Action on Limited Access Systems.--Section 304 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1854) is
amended by adding at the end the following:
``(i) Action on Limited Access Systems.--Within 1 year after the
date of enactment of the Fishing Quota Act of 2003, the Secretary shall
issue regulations which establish requirements for establishing a
fishing quota system. Nothing in this paragraph prohibits a Council or
the Secretary from initiating development of a fishing quota system
consistent with the provisions of this Act pending publication of the
final regulations.''.
(d) Definitions.--Section 3 of the Magnuson-Stevens Fishery
Management and Conservation Act (16 U.S.C. 1802) is amended by--
(1) adding at the end the following:
``(46) The term `United States Citizen' means an individual
who is a citizen of the United States or a corporation,
partnership, association, or other entity that qualifies to
document a fishing vessel as a vessel of the United States
under chapter 121 of title 46, United States Code.''; and
(2) striking `` `individual fishing quota' '' in paragraph
(21) and inserting `` `fishing quota system' ''.
(e) Conforming Amendments.--
(1) The following provisions of that Act are amended by
striking ``individual fishing quota'' and inserting ``fishing
quota'':
(A) Section 304(c)(3) (16 U.S.C.1854(c)(3)).
(B) Section 304(d)(2)(A)(i) (16
U.S.C.1854(d)(2)(A)(i)).
(C) Section 402(b)(1)(D) (16 U.S.C.
1881a(b)(1)(D)).
(D) Section 407(a)(1)(D), (c)(1), and (c)(2)(B) (16
U.S.C. 1883(a)(1)(D), (c)(1), and (c)(2)(B)).
(2) Section 305(h)(1) (16 U.S.C. 1855(h)(1)) is amended by
striking ``individual''.
SEC. 3. GULF OF MEXICO FISHING QUOTA SYSTEMS.
Section 407(c) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1883) is amended by adding at the end the
following:
``(3) The initial referendum described in paragraph (1)
shall be used to determine support for whether the sale,
transfer, or lease of quota shares shall be allowed.''. | Fishing Quota Act of 2003 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Regional Fishery Management Councils and the Secretary of Commerce (Secretary) or his designee, when developing a limited access system for fisheries to achieve optimum yield, to take into account: (1) the conservation requirements of this Act with respect to fisheries; and (2) the fair and equitable distribution of a public resource.
Authorizes the establishment of a fishing quota system in a fishery management plan or amendment prepared by any Regional Fishery Management Council or the Secretary.
Specifies fishing quota system: (1) requirements the Councils and Secretary must ensure that any proposal meet; (2) right, tittle, and interest scope and limitations; (3) eligibility requirements; (4) duration; and (5) referendum procedures. Prohibits approval or implementation by the Secretary of any fishery management plan (or amendment) unless it has been approved by more than two-thirds of those voting in a referendum among eligible permit holders.
Authorizes the Secretary to approve and implement a program submitted by a Council which reserves up to 25 percent of the fees collected from fisheries for costs related to the management and enforcement of fishing quota programs for issuance of obligations that aid in financing the: (1) purchase of fishing quotas by small vessel fishermen; and (2) first-time purchase of fishing quotas by entry level fisherman.
Requires the National Research Council to provide an independent review, every five years, of the effectiveness of fishing quota systems conducted in Federal fisheries.
Requires the Secretary to issue regulations which establish requirements for a fishing quota system. | A bill to establish National Standards for Fishing Quota Systems. |
SECTION 1. DUTY-FREE ENTRIES.
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of
the United States is amended by inserting in numerical sequence the
following new heading:
`` 9902.98.04 Personal effects of
participants in,
officials of, and
other individuals
associated with the
XXVI Summer Olympiad
or the Cultural
Olympiad associated
with the XXVI Summer
Olympiad; and other
articles associated
with the XXVI Summer
Olympiad or the
Cultural Olympiad:
.. .......... (1) Personal effects
of participants in,
officials of, or
accredited members
of delegations to
the XXVI Summer
Olympiad or the
Cultural Olympiad
associated with the
XXVI Summer
Olympiad, or of
individuals who are
members of the
immediate families
or servants of any
of the foregoing
persons.
.. .......... (2) Any article for
which entry is
sought by
participants in,
officials of, or
accredited members
of delegations to
the XXVI Summer
Olympiad and which
is to be used or
consumed at or in
connection with the
Olympiad.
.. .......... (3) Any article for
which entry is
sought by
participants in,
officials of, or
accredited members
of delegations to
the Cultural
Olympiad associated
with the XXVI Summer
Olympiad and which
is to be used at or
in connection with
the Cultural
Olympiad.
.. .......... (4) Subject to No change Free On or before 10/
regulations 4/96 ''
prescribed by the .
Secretary of the
Treasury, any other
article for which
entry is sought for
use at or in
connection with the
XXVI Summer Olympiad Free | Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through October 4, 1996, of the personal effects of, and other articles sought by, participants, their families and associated members, and officials involved in the XXVI Summer Olympiad and associated Cultural Olympiad in Atlanta, Georgia. | To provide duty-free entry privileges to participants in, and other individuals associated with, the XXVI Summer Olympiad in Atlanta, Georgia, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Troops' Soft Landing, Employment,
and Rural Transportation Act''.
SEC. 2. RETENTION ON ACTIVE DUTY AFTER DEMOBILIZATION OF RESERVES
FOLLOWING EXTENDED DEPLOYMENTS IN CONTINGENCY OPERATIONS
OR HOMELAND DEFENSE MISSIONS.
(a) In General.--Chapter 1209 of title 10, United States Code, is
amended by adding at the end the following new section:
``SEC. 12323. RESERVES: RETENTION ON ACTIVE DUTY AFTER DEMOBILIZATION
FOLLOWING EXTENDED DEPLOYMENTS IN CONTINGENCY OPERATIONS
OR HOMELAND DEFENSE MISSIONS.
``(a) In General.--A member of a reserve component of the Armed
Forces described in subsection (b) shall be retained on active duty in
the Armed Forces for a period of 90 days following the conclusion of
the member's demobilization from a deployment as described in that
subsection, and shall be authorized the use of any accrued leave.
``(b) Covered Members.--A member of a reserve component of the
Armed Forces described in this subsection is any member of a reserve
component of the Armed Forces who was deployed for more than 179 days
under the following:
``(1) A contingency operation.
``(2) A homeland defense mission (as specified by the
Secretary of Defense for purposes of this section).
``(c) Pay and Allowances.--Notwithstanding any other provision of
law, a member on active duty under subsection (a) shall be paid pay and
allowances as follows:
``(1) For the first 30 days during which the member is so
retained on active duty--
``(A) the basic pay payable to a member of the
Armed Forces under section 204 of title 37 in the same
pay grade as the member;
``(B) the basic allowance for subsistence payable
under section 402 of title 37; and
``(C) the basic allowance for housing payable under
section 403 of title 37 for a member in the same pay
grade, geographic location, and number of dependents as
the member.
``(2) For the second 30 days during which the member is so
retained on active duty, basic pay, basic allowance for
subsistence, and basic allowance for housing as described in
paragraph (1) but at rates equal to 75 percent of the rates
otherwise payable as described in that paragraph.
``(3) For the third 30 days during which the member is so
retained on active duty, basic pay, basic allowance for
subsistence, and basic allowance for housing as described in
paragraph (1) but at rates equal to 50 percent of the rates
otherwise payable as described in that paragraph.
``(d) Release From Active Duty.--(1) A member retained on active
duty under subsection (a) may be released from active duty at the
request of the member at any time following the end of the 15-day
period commencing on the date the member is retained on active duty
under subsection (a).
``(2) The request of a member for release from active duty under
this subsection shall be subject to the approval of the officer in the
chain of command of the member in grade O-5.
``(e) Reintegration Counseling and Services.--(1) The Secretary of
the military department concerned shall provide each member retained on
active duty under subsection (a), while the member is so retained on
active duty, counseling and services to assist the member in
reintegrating into civilian life.
``(2) The counseling and services provided members under this
subsection shall include the following:
``(A) Physical and mental health evaluations.
``(B) Employment counseling and assistance.
``(C) Marriage and family counseling and assistance.
``(D) Financial management counseling.
``(E) Education counseling.
``(F) Counseling and assistance on benefits available to
the member through the Department of Defense and the Department
of Veterans Affairs.
``(3) The Secretary of the military department concerned shall
provide, to the extent practicable, for the participation of
appropriate family members of members retained on active duty under
subsection (a) in the counseling and services provided such members
under this subsection.
``(4) The counseling and services provided to members under this
subsection shall, to the extent practicable, be provided at National
Guard armories and similar facilities close the residences of such
members.
``(5) Counseling and services provided a member under this
subsection shall, to the extent practicable, be provided in
coordination with the Yellow Ribbon Reintegration Program of the State
concerned under section 582 of the National Defense Authorization Act
for Fiscal Year 2008 (10 U.S.C. 10101 note)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1209 of such title is amended by adding at the end the
following new item:
``12323. Reserves: retention on active duty after demobilization
following extended deployments in
contingency operations or homeland defense
missions.''.
SEC. 3. WORK OPPORTUNITY TAX CREDIT.
(a) In General.--Subsection (d) of section 51 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(15) Special rule for veterans residing in high
unemployment counties.--
``(A) In general.--In the case of an unemployed
veteran who is treated as a member of a targeted group
under subparagraph (B) and who has performed at least
800 hours of service for the employer--
``(i) subsection (a) shall be applied by
substituting `50 percent' for `40 percent', and
``(ii) subsection (b)(3) shall be applied
by substituting `$10,000' for `$6,000'.
``(B) Treatment as member of targeted group.--An
unemployed veteran who is certified by the designated
local agency as having his principal place of abode
within a county that, at any time during the 6-month
period ending on the hiring date, is a high
unemployment county shall be treated as a member of a
targeted group for purposes of this subpart.
``(C) Unemployed veteran.--For purposes of this
paragraph, the term `unemployed veteran' has the
meaning given such term by paragraph (14)(B)(i) without
regard to subclause (II) thereof.
``(D) High unemployment county.--The term `high
unemployment county' means a county for which the
unemployment rate for the preceding month equals or
exceeds the national unemployment threshold for such
month.
``(E) National unemployment threshold.--
``(i) In general.--The national
unemployment threshold is 12 percent.
``(ii) Threshold indexed.--For any month
beginning after the month in which this
subparagraph is enacted, the national
unemployment threshold in subclause (I) shall
be the percentage in clause (i) (determined
without regard to the application of this
clause) multiplied by the ratio which the
national unemployment rate for such month bears
to 9.5 percent.
``(F) Unemployment rates.--The national
unemployment rate and the unemployment rate for a
county for any month shall be the unadjusted rates for
such month determined by the Current Population Survey
conducted by the Bureau of Census for the Bureau of
Labor Statistics.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act.
SEC. 4. GRANTS FOR ELIGIBLE ENTITIES PROVIDING TRANSPORTATION TO
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES FOR
VETERANS LIVING IN RURAL AREAS.
(a) Grants Authorized.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a grant program to award grants on a competitive
basis to eligible entities for the purpose of providing
transportation options to veterans residing in rural areas.
(2) Eligible entities.--For purposes of the grant program
under this section, an eligible entity is a government entity
and non-profit service provider, including a State veterans'
service agency, a veterans service organization, a local
governmental authority, and a private non-profit organization.
(3) Use of funds.--The recipient of a grant under this
section shall use the grant to assist veterans in rural areas
to travel to Department of Veterans Affairs medical facilities.
(4) Maximum amount.--The amount of a grant under this
section may not exceed $100,000 for any fiscal year.
(5) No matching requirement.--The recipient of a grant
under this section shall not be required to provide matching
funds as a condition for receiving such grant.
(b) Regulations.--The Secretary shall prescribe regulations for--
(1) evaluating grant applications under this section;
(2) directing Department of Veterans Affairs medical
facilities to coordinate with recipients of such grants to
ensure maximum use of transportation service at the least cost;
and
(3) coordinating transportation services provided under
this section with existing local transportation services.
(c) Definitions and Special Rule.--In this section:
(1) The term ``veterans service organization'' means any
organization recognized by the Secretary of Veterans Affairs
for the representation of veterans under section 5902 of title
38, United States Code.
(2) The term ``local governmental authority'' means a local
governmental authority as defined in 5302(a)(6) of title 49,
United States Code, that provides public transportation as
defined in 5302(a)(10) of title 49, United States Code.
(3) A veteran is residing in a rural area if the veteran--
(A) resides in a location that is--
(i) more than 30 miles driving distance
from the nearest Department health care
facility providing primary care services, if
the veteran is seeking such services;
(ii) more than 60 miles driving distance
from the nearest Department health care
facility providing acute hospital care, if the
veteran is seeking such care; or
(iii) more than 100 miles driving distance
from the nearest Department health care
facility providing tertiary care, if the
veteran is seeking such care; or
(B) in the case of a veteran who resides in a
location less than the distance specified in clause
(i), (ii), or (iii) of subparagraph (A), as applicable,
experiences such hardship or other difficulties in
travel to the nearest appropriate Department health
care facility that such travel is not in the best
interest of the veteran, as determined by the Secretary
pursuant to regulations prescribed for purposes of this
subsection.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of fiscal years 2009 through 2013 to
carry out this section. | Troops' Soft Landing, Employment, and Rural Transportation Act - Requires that a member of a reserve component of the Armed Forces who was deployed for more than 179 days for a contingency operation or a homeland defense mission be: (1) retained on active duty in the Armed Forces for 90 days after the end of the member's demobilization from a deployment; (2) allowed to use accrued leave; and (3) paid specified pay and allowances.
Allows a member to be released from such retention if the member requests release after the first 15 days of the retention.
Directs the Secretary of the military department concerned to provide each member so retained (and, as practicable, appropriate family members) reintegration counseling and services.
Amends Internal Revenue Code work opportunity tax credit provisions, with regard to unemployed veterans living in counties where the unemployment is over a specified national threshold, to increase the credit from 40% to 50% and the maximum first-year wages which may be taken into account from $6,000 to $10,000.
Directs the Secretary of Veterans Affairs to establish a competitive grant program to assist veterans in rural areas to travel to Department of Veterans Affairs (VA) medical facilities. | To amend title 10, United States Code, to provide for the retention on active duty after demobilization of members of the reserve components of the Armed Forces following extended deployments in contingency operations or homeland defense missions, and for other purposes. |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Post 9/11 Troops to Teachers
Enhancement Act''.
SEC. 2. YEARS OF SERVICE REQUIREMENTS; STIPEND.
(a) Years of Service Requirements.--Section 2303(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6673(a)) is
amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(C) by adding at the end the following:
``(D) commencing on or after September 11, 2001,
serves at least 90 continuous days on active duty (as
such term is defined in section 101(d)(1) of title 10,
United States Code, except that such term does not
include a period of service described in paragraphs (1)
through (3) of section 3311(d) of title 38, United
States Code) in the Armed Forces (excluding service on
active duty in entry level or skills training) and,
after completion of such service, is discharged or
released as follows:
``(i) A discharge from active duty in the
Armed Forces with an honorable discharge.
``(ii) A release after service on active
duty in the Armed Forces characterized by the
Secretary concerned as honorable service and
placement on the retired list, transfer to the
Fleet Reserve or Fleet Marine Corps Reserve, or
placement on the temporary disability retired
list.
``(iii) A release from active duty in the
Armed Forces for further service in a reserve
component of the Armed Forces after service on
active duty characterized by the Secretary
concerned as honorable service.''; and
(2) in paragraph (2)(A)(i), by striking ``6 or more years''
and inserting ``4 or more years''.
SEC. 3. DEFINITION OF LOCAL EDUCATIONAL AGENCY AND PUBLIC CHARTER
SCHOOLS.
(a) Amendment.--Section 2304(a)(1)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6674(a)(B)) is amended by
striking ``high-need local educational agency or public charter school,
as such terms are defined in section 2101'' and inserting ``local
educational agency receiving funding under part A of title I or public
charter school (as such term is defined in section 2102)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 30 days after the date of the enactment of this Act.
SEC. 4. ADVISORY BOARD.
Chapter A of subpart 1 of part C of title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2301 et seq.) is amended by
adding at the end the following:
``SEC. 2308. ADVISORY BOARD.
``(a) Establishment.--Not later than 120 days after the date of
enactment of the Post 9/11 Troops to Teachers Enhancement Act, the
Secretary, in consultation with the Secretary of Defense, shall
establish an Advisory Board composed of--
``(1) a representative from the Defense Activity for Non-
Traditional Education Support Division of the Department of
Defense;
``(2) a representative from the Department of Innovation
and Improvement of the Department of Education;
``(3) a representative from 3 State offices that operate to
recruit eligible members of the Armed Forces for participation
in the Program and to facilitate the employment of participants
in the Program as elementary school teachers, secondary school
teachers, and vocational or technical teachers; and
``(4) a representative from each of 3 veteran service
organizations.
``(b) Duties.--The Advisory Board established under subsection (a)
shall--
``(1) collect, consider, and disseminate feedback from
participants and State offices described in subsection (a)(4)
on--
``(A) the best practices for improving recruitment
of eligible members of the Armed Forces in States,
local educational agencies, and public charter schools
under served by the Program;
``(B) ensuring that high-need local educational
agencies and public charter schools are aware of the
Program and how to participate in it;
``(C) coordinating the goals of the Program with
other Federal, State, and local education needs and
programs; and
``(D) other activities that the Advisory Board
deems necessary; and
``(2) not later than 1 year after the date of the enactment
of the Post 9/11 Troops to Teachers Enhancement Act, and
annually thereafter, prepare and submit a report to Committees
on Health, Education, Labor, and Pensions and Armed Services of
the Senate, and the Committees on Education and the Workforce
and Armed Services of the House of Representatives which shall
include--
``(A) information with respect to the activities of
the Advisory Board;
``(B) information with respect to the Program,
including--
``(i) the number of participants in the
Program;
``(ii) the number of States participating
in the Program;
``(iii) local educational agencies and
schools in where participants are employed;
``(iv) the grade levels at which
participants teach;
``(v) the academic subjects taught by
participants;
``(vi) rates of retention of participants
by the local educational agencies and public
charter schools employing participant;
``(vii) other demographic information as
may be necessary to evaluate the effectiveness
of the program; and
``(viii) a review of the stipend and bonus
available to participants under subsections (c)
and (d)(1) of section 2304; and
``(C) recommendations for--
``(i) improvements to local, State, and
Federal recruitment and retention efforts;
``(ii) legislative or executive policy
changes to improve the Program, enhance
participant experience, and increase
participation in the program; and
``(iii) other changes necessary to ensure
that the Program is meeting the purpose
described in section 2302(a).''. | Post 9/11 Troops to Teachers Enhancement Act - Amends the Troops-to-Teachers program of the Elementary and Secondary Education Act of 1965 (which provides veterans with teacher certification stipends in exchange for three years of service in a high-need local educational agency [LEA] or public charter school).
Expands program eligibility to cover certain individuals: (1) who, on or after September 11, 2001, serve at least 90 continuous days on active duty in the Armed Forces before being honorably released from such service; or (2) who, on or after January 8, 2002, are separated or released from active duty after at least four (currently, six) years of continuous active duty immediately preceding such separation or release, and agree to serve in the Armed Forces Reserves for at least three years.
Makes any LEA that is receiving school improvement funds eligible to host Troops-to-Teachers program participants.
Directs the Secretary of Education to establish an Advisory Board, composed of federal, state, and veteran service organization representatives, to collect, study, and disseminate feedback from the program and report to Congress on how the program is operating and might be improved. | To amend the Elementary and Secondary Education Act of 1965 to allow members of the Armed Forces who served on active duty on or after September 11, 2001, to be eligible to participate in the Troops-to-Teachers Program, and for other purposes. |
SECTION 1. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS AND
TARGETED TAX BENEFITS.
(a) In General.--Section 1012 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 683) is amended to read as
follows:
``expedited consideration of certain proposed rescissions
``Sec. 1012. (a) Proposed Rescission of Budget Authority or Repeal
of Targeted Tax Benefits.--The President may propose, at the time and
in the manner provided in subsection (b), the rescission of any budget
authority provided in an appropriation Act or repeal of any targeted
tax benefit provided in any revenue Act. Funds made available for
obligation under this procedure may not be proposed for rescission
again under this section.
``(b) Transmittal of Special Message.--
``(1) The President may transmit to Congress a special
message proposing to rescind amounts of budget authority or to
repeal any targeted tax benefit and include with with that
special message a draft bill that, if enacted, would only
rescind that budget authority or repeal that targeted tax
benefit. That bill shall clearly identify the amount of budget
authority that is proposed to be rescinded for each program,
project, or activity to which that budget authority relates or
the targeted tax benefit proposed to be repealed, as the case
may be. It shall include a Deficit Reduction Account. The
President may place in the Deficit Reduction Account an amount
not to exceed the total rescissions in that bill. A targeted
tax benefit may only be proposed to be repealed under this
section during the 20-calendar-day period (excluding Saturdays,
Sundays, and legal holidays) commencing on the day after the
date of enactment of the provision proposed to be repealed.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill for
accounts within the jurisdiction of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the following--
``(A) the amount of budget authority which he
proposes to be rescinded;
``(B) any account, department, or establishment of
the Government to which such budget authority is
available for obligation, and the specific project or
governmental functions involved;
``(C) the reasons why the budget authority should
be rescinded;
``(D) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
(including the effect on outlays and receipts in each
fiscal year) of the proposed rescission; and
``(E) all facts, circumstances, and considerations
relating to or bearing upon the proposed rescission and
the decision to effect the proposed rescission, and to
the maximum extent practicable, the estimated effect of
the proposed rescission upon the objects, purposes, and
programs for which the budget authority is provided.
Each special message shall specify, with respect to the
proposed repeal of targeted tax benefits, the information
required by subparagraphs (C), (D), and (E), as it relates to
the proposed repeal.
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives 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
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the
date of receipt of that special message, any Member of that
House may introduce the bill.
``(B) The bill shall be referred to the Committee on
Appropriations or the Committee on Ways and Means of the House
of Representatives, as applicable. The committee shall report
the bill without substantive revision and with or without
recommendation. The bill shall be reported not later than the
seventh legislative day of that House after the date of receipt
of that special message. If that committee fails to report the
bill within that period, that committee shall be automatically
discharged from consideration of the bill, and the bill shall
be placed on the appropriate calendar.
``(C)(i) During consideration under this paragraph, any
Member of the House of Representatives may move to strike any
proposed rescission or rescissions of budget authority or any
proposed repeal of a target tax benefit, as applicable, if
supported by 49 other Members.
``(ii) It shall not be in order for a Member of the House
of Representatives to move to strike any proposed rescission
under clause (i) unless the amendment reduces the appropriate
Deficit Reduction Account if the program, project, or account
to which the proposed rescission applies was identified in the
Deficit Reduction Account in the special message under
subsection (b).
``(D) A vote on final passage of the bill shall be taken in
the House of Representatives on or before the close of the 10th
legislative day of that House after the date of the
introduction of the bill in that House. If the bill is passed,
the Clerk of the House of Representatives shall cause the bill
to be engrossed, certified, and transmitted to the Senate
within one calendar day of the day on which the bill is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill 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
under this section shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit a bill under this
section or to move to reconsider the vote by which the bill 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 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 under this section shall be governed by the Rules of the
House of Representatives. It shall not be in order in the House
of Representatives to consider any rescission bill introduced
pursuant to the provisions of this section under a suspension
of the rules or under a special rule.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1)(D) shall be referred to its Committee on
Appropriations or Committee on Finance, as applicable. That
committee shall report the bill without substantive revision
and with or without recommendation. The bill shall be reported
not later than the seventh legislative day of the Senate after
it receives the bill. A committee failing to report the bill
within such period shall be automatically discharged from
consideration of the bill, and the bill shall be placed upon
the appropriate calendar.
``(B)(i) During consideration under this paragraph, any
Member of the Senate may move to strike any proposed rescission
or rescissions of budget authority or any proposed repeal of a
targeted tax benefit, as applicable, if supported by 14 other
Members.
``(ii) It shall not be in order for a Member of the House
or Senate to move to strike any proposed rescission under
clause (i) unless the amendment reduces the appropriate Deficit
Reduction Account (pursuant to section 314) if the program,
project, or account to which the proposed rescission applies
was identified in the Deficit Reduction Account in the special
message under subsection (b).
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill 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 under this section,
and all debatable motions and appeals in connection therewith,
(including debate pursuant to subparagraph (C)), 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 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,
except that in the event the manager of the bill 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, 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 under this section is not debatable. A motion to recommit
a bill under this section is not in order.
``(d) Amendments and Divisions Prohibited.--Except as otherwise
provided by this section, no amendment to a bill considered under this
section shall be in order in either the House of Representatives or the
Senate. It shall not be in order to demand a division of the question
in the House of Representatives (or in a Committee of the Whole) or in
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.--(1) 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 rejects
the bill transmitted with that special message.
``(2) Any targeted tax benefit proposed to be repealed under this
section as set forth in a special message transmitted to Congress under
subsection (b) shall be deemed repealed unless, during the period
described in that subsection, either House rejects the bill 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 term `legislative day' means, with respect to
either House of Congress, any day of session; and
``(3) The term ``targeted tax benefit'' means any provision
which has the practical effect of providing a benefit in the
form of a different treatment to a particular taxpayer or a
limited class of taxpayers, whether or not such provision is
limited by its terms to a particular taxpayer or a class of
taxpayers. Such term does not include any benefit provided to a
class of taxpayers distinguished on the basis of general
demographic conditions such as income, number of dependents, or
marital status.''.
(b) Exercise of Rulemaking Powers.--Section 904 of the
Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended--
(1) in subsection (a), by striking ``and 1017'' and
inserting ``1012, and 1017''; and
(2) in subsection (d), by striking ``section 1017'' and
inserting ``sections 1012 and 1017''.
(c) Conforming Amendments.--
(1) Section 1011 of the Congressional Budget Act of 1974 (2
U.S.C. 682(5)) is amended by repealing paragraphs (3) and (5)
and by redesignating paragraph (4) as paragraph (3).
(2) Section 1014 of such Act (2 U.S.C. 685) is amended--
(A) in subsection (b)(1), by striking ``or the
reservation''; and
(B) in subsection (e)(1), by striking ``or a
reservation'' and by striking ``or each such
reservation''.
(3) Section 1015(a) of such Act (2 U.S.C. 686) is amended
by striking ``is to establish a reserve or'', by striking ``the
establishment of such a reserve or'', and by striking ``reserve
or'' each other place it appears.
(4) Section 1017 of such Act (2 U.S.C. 687) is amended--
(A) in subsection (a), by striking ``rescission
bill introduced with respect to a special message or'';
(B) in subsection (b)(1), by striking ``rescission
bill or'', by striking ``bill or'' the second place it
appears, by striking ``rescission bill with respect to
the same special message or'', and by striking ``, and
the case may be,'';
(C) in subsection (b)(2), by striking ``bill or''
each place it appears;
(D) in subsection (c), by striking ``rescission''
each place it appears and by striking ``bill or'' each
place it appears;
(E) in subsection (d)(1), by striking ``rescission
bill or'' and by striking ``, and all amendments
thereto (in the case of a rescission bill)'';
(F) in subsection (d)(2)--
(i) by striking the first sentence;
(ii) by amending the second sentence to
read as follows: ``Debate on any debatable
motion or appeal in connection with an
impoundment resolution shall be limited to 1
hour, to be equally divided between, and
controlled by, the mover and the manager of the
resolution, except that in the event that the
manager of the 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.'';
(iii) by striking the third sentence; and
(iv) in the fourth sentence, by striking
``rescission bill or'' and by striking
``amendment, debatable motion,'' and by
inserting ``debatable motion'';
(G) in paragraph (d)(3), by striking the second and
third sentences; and
(H) by striking paragraphs (4), (5), (6), and (7)
of paragraph (d).
(d) Clerical Amendments.--The item relating to section 1012 in the
table of sections for subpart B of title X of the Congressional Budget
and Impoundment Control Act of 1974 is amended to read as follows:
``Sec. 1012. Expedited consideration of certain proposed rescissions
and targeted tax benefits.''.
Passed the House of Representatives July 14, 1994.
Attest:
Clerk.
103d CONGRESS
2d Session
H. R. 4600
_______________________________________________________________________
AN ACT
To amend the Congressional Budget and Impoundment Control Act of 1974
to provide for the expedited consideration of certain proposed
rescissions of budget authority. | 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 amounts of budget authority or to repeal any targeted tax benefit provided in a revenue Act. Requires that such special message be accompanied by a draft bill or joint resolution that would, if enacted, only rescind the budget authority or repeal the targeted tax benefit Requires such bill to include a Deficit Reduction Account. Allows the President to place rescinded amounts in such Account. Sets forth House and Senate procedures for the expedited consideration of such a proposal. | Expedited Rescissions Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pakistani Temporary Protected Status
Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The summer of 2010 produced Pakistan's worst flooding
in 80 years.
(2) The 2010 Pakistani floods began in July 2010 following
heavy monsoon rains in the Khyber Pakhtunkhwa, Sindh, Punjab,
and Balochistan regions of Pakistan and affected the Indus
River basin. Flooding began on July 22, 2010, in the province
of Baluchistan.
(3) According to the United Nations, 20,000,000 people,
one-eighth of the population, and nearly 62,000 square miles,
one-fifth of the country, have been significantly affected by
destruction of property, livelihood, and infrastructure.
(4) The Pakistani Government reports that the floods have
affected 82 of Pakistan's 122 districts. As a result, more than
12 million people require humanitarian assistance, with nearly
6 million victims lacking access to food, shelter, and water.
(5) The Pakistani Government estimates that approximately
1.9 million houses were either damaged or destroyed and nearly
2,000 people have lost their lives.
(6) Over 60,000 troops are involved in Pakistan's flood
relief operations.
(7) The floods severely devastated Pakistan's
infrastructure including roads, bridges, schools, health
clinics, electricity, and communications. More than 5,000 miles
of roads and railways were washed away, along with some 7,000
schools and more than 400 health facilities.
(8) In addition, about 17 million acres of Pakistan's most
fertile croplands have been submerged by the floods, in a
nation where farming is an economic mainstay. The waters have
also killed more than 200,000 head of livestock, and washed
away large quantities of stored commodities that feed millions
throughout the year.
(9) On August 14, 2010, the first documented case of
cholera emerged in the town of Mingora.
(10) On September 7, 2010, the International Labour
Organization reported that more than 5.3 million jobs have been
lost due to the floods.
(11) Concerns are growing about the enduring toll of the
disaster on Pakistan's overall economy, food supply, and
political stability.
(12) Temporary protected status allows aliens who do not
legally qualify as refugees but are nonetheless fleeing or
reluctant to return to potentially dangerous situations to
temporarily remain in the United States.
(13) Granting temporary protected status to nationals of
Pakistan is consistent with the interests of the United States
and promotes the values and morals that have made the United
States strong.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the extraordinary and
temporary conditions caused by flooding in Pakistan qualifies Pakistan
for designation under subparagraph (B) or (C) of section 244(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)), pursuant to
which nationals of Pakistan would be eligible for temporary protected
status in the United States.
SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED
STATUS.
(a) Designation.--
(1) In general.--For purposes of section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), Pakistan
shall be treated as if it had been designated under subsection
(b) of such section, subject to the provisions of this section.
(2) Period of designation.--The initial period of such
designation shall begin on the date of the enactment of this
Act and shall remain in effect for 12 months.
(b) Aliens Eligible.--In applying section 244 of such Act pursuant
to the designation made under this section, subject to section
244(c)(3) of such Act, an alien who is a national of Pakistan is deemed
to satisfy the requirements of section 244(c)(1) of such Act only if
the alien--
(1) has been continuously physically present in the United
States since July 22, 2010;
(2) is admissible as an immigrant, except as otherwise
provided under section 244(c)(2)(A) of such Act, and is not
ineligible for temporary protected status under section
244(c)(2)(B) of such Act; and
(3) registers for temporary protected status in a manner
that the Secretary of Homeland Security shall establish.
(c) Consent To Travel Abroad.--The Secretary of Homeland Security
shall give the prior consent to travel abroad described in section
244(f)(3) of such Act to an alien who is granted temporary protected
status pursuant to the designation made under this section, if the
alien establishes to the satisfaction of the Secretary of Homeland
Security that emergency and extenuating circumstances beyond the
control of the alien require the alien to depart for a brief, temporary
trip abroad. An alien returning to the United States in accordance with
such an authorization shall be treated the same as any other returning
alien provided temporary protected status under section 244 of such
Act. | Pakistani Temporary Protected Status Act of 2010 - Expresses the sense of Congress that the extraordinary and temporary conditions caused by flooding in Pakistan qualifies Pakistan for designation under the Immigration and Nationality Act pursuant to which its nationals would be eligible for temporary protected status (TPS) in the United States.
Designates Pakistan as a TPS-eligible country for an initial 12-month period.
Sets forth related TPS eligibility requirements, including continuous U.S. presence since July 22, 2010.
Requires the Secretary of Homeland Security (DHS) to give prior consent to such aliens for temporary trips abroad in emergency and extenuating circumstances. | To designate Pakistan under section 244 of the Immigration and Nationality Act to permit nationals of Pakistan to be eligible for temporary protected status under such section. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Choice Voucher Funding
Fairness Act of 2006''.
SEC. 2. FUNDING ALLOCATION.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by adding at the end the following new subsections:
``(ff) Tenant-Based Contract Renewals.--
``(1) Allocation determination.--Notwithstanding any other
provision of law, for each calendar year funding cycle, the
Secretary shall allocate amounts made available for such
funding cycle for renewal of expiring annual contributions
contracts for tenant-based rental assistance for each public
housing agency (other than an agency with a special funding
agreement under the Moving To Work demonstration program) based
on the most recent leasing and cost data for such funding
cycle, as adjusted to reflect likely reasonable future costs--
``(A) by applying local and regional annual
adjustment factors, as established for such calendar
year by the Secretary using the most recent data
available; and
``(B) by applying such additional adjustments to
the most recent leasing and cost data for such funding
cycle, to compensate for changes in the number of
vouchers under lease or voucher costs, as the Secretary
may approve for a public housing agency, pursuant to
application by the agency and in accordance with
paragraph (3).
``(2) Most recent leasing and cost data.--For purposes of
this subsection, the term `most recent leasing and cost data'
means, for any calendar year funding cycle, leasing and per-
voucher cost data for the most recent 12-month period for which
such verified data is available as of the time of the
allocation determination for such funding cycle, except that
such data shall not include data with respect to any units
leased in excess of the agency's authorized unit months. The
Secretary shall collect new leasing and per-voucher cost data
for use under this paragraph for each calendar year funding
cycle, which shall be verified data obtained from the Voucher
Management System.
``(3) Adjustments.--
``(A) Authority.--Application and approval of
additional adjustments referred to in paragraph (1)(B)
for a calendar year shall be in accordance with such
limitations as the Secretary shall provide, which shall
include the use of objective and fair approval criteria
established by the Secretary that provide that--
``(i) adjustment to the number of vouchers
under lease shall be approved if a public
housing agency demonstrates need for renewal of
previously issued tenant protection vouchers or
of other authorized vouchers to comply with
court orders or to meet previous commitments to
owners for project-based vouchers in projects
ready for occupancy in such calendar year; and
``(ii) adjustment of voucher costs shall be
approved if an agency demonstrates--
``(I) rent increases;
``(II) utility rate changes;
``(III) known changes in subsidy
costs due to enhanced vouchers under
subsection (t), portability under
subsection (r), increased average unit
size, or approval of higher subsidy
payments for people with disabilities
due to reasonable accommodation;
``(IV) change in average tenant
income, including adjustments needed
for areas with seasonal employment if
income variations are not adequately
reflected in the period of data used by
the Secretary; or
``(V) increase in number of
families participating in the Family
Self-Sufficiency program under section
23 who are building escrow savings due
to increased earnings.
``(B) Denial of certain adjustments.--
Notwithstanding subparagraph (A)(ii), the Secretary may
deny an adjustment referred to in subclause (I), (II),
or (III) of subparagraph (A)(ii) with respect to a
public housing agency if the agency is not complying
with subsection (o)(10)(A) (regarding rent
reasonableness).
``(C) Amount of adjustments.--The aggregate amount
of such additional adjustments referred to in paragraph
(1)(B) for all public housing agencies for a calendar
year funding cycle shall not exceed 2 percent of the
total amount provided for such calendar year for
renewal of expiring annual contributions contracts for
tenant-based rental assistance. In any year in which
such total amount provided for such renewals is less
than the amount needed to provide each public housing
agency with the full adjustment amount determined for
the agency under this paragraph, each agency for which
such an adjustment is approved shall receive the same
percentage of the total amount approved for that
agency.
``(4) Proration.--To the extent necessary to stay within
the amount made available for a calendar year for renewal of
expiring annual contributions contracts for tenant-based rental
assistance, the Secretary shall prorate each public housing
agency's allocation otherwise established pursuant to this
subsection for such year, except that such proration shall not
apply to the renewal of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act.
``(gg) Agency Reserves for Housing Choice Vouchers.--
``(1) Authority.--Each public housing agency may maintain a
reserve of amounts for tenant-based assistance in an amount not
to exceed four percent of the amount provided to the agency
under its annual contributions contract in effect at such time.
``(2) Annual replenishment.--To the extent that amounts are
expressly made available for use under this subsection, at the
beginning of the funding cycle for each calendar year, the
Secretary shall provide to the reserves of each public housing
agency an amount sufficient so that the aggregate amount of
such reserves are equal to two percent of the amount provided
to the agency under its annual contributions contract for such
calendar year.
``(3) Prohibition of recapture.--The Secretary may not
recapture any reserve amounts maintained by a public housing
agency pursuant to this subsection that do not exceed the four
percent limitation referred to in paragraph (1).
``(4) Use.--Amounts in the reserve of a public housing
agency under this subsection shall be available to the agency
for use for unmet needs for tenant-based rental assistance and
to support additional vouchers.
``(5) Use of recaptured reserve amounts.--Any reserve
amounts in excess of the four percent limitation referred to in
paragraph (1) that are recaptured by the Secretary shall be
available to the Secretary only for tenant-based contract
renewals under subsection (ff) and for replenishment of
reserves pursuant to paragraph (2) of this subsection.
``(hh) Budget Information.--The Secretary shall provide to the
Congress, and make publicly available, the following information:
``(1) Budget information.--In the annual budget
justifications of the Department of Housing and Urban
Development, the Secretary shall include information
identifying, with respect to the upcoming calendar year funding
cycle for which such justifications are made--
``(A) the number and percentage of authorized
vouchers leased in the most recent 12-month period for
which data is available and their average cost;
``(B) the administrative fees earned by public
housing agencies in such most recent 12-month period;
``(C) the funding allocated in such most recent 12-
month period to public housing agencies with special
voucher funding agreements under the Moving to Work
demonstration program;
``(D) the best estimate available for such upcoming
calendar year of the likely applicable weighted average
annual adjustment factor under subsection (ff)(1)(A);
and
``(E) for such upcoming calendar year, an estimate
of adjustments required under subsection (ff)(1)(B) and
the number of vouchers that will be eligible for
renewal funding after the adjustments required by
subsection (ff)(3)(A)(i).
``(2) Updated information.--Not later than April 30 and
August 31 of each year, the Secretary shall provide updated
leasing and cost data and the final weighted average annual
adjustment factor under subsection (ff)(1)(A) that will be
applicable in the subsequent calendar year. In each year, the
Secretary shall provide revised updates, as appropriate, on a
timely basis before the enactment of the annual appropriations
Act for the Department of Housing and Urban Development.
``(3) Annual report.--The Secretary shall submit a report
annually on the extent to which public housing agencies are
providing the appropriate amount of subsidy for each family
assisted with tenant-based rental assistance, based on tenant
incomes and reasonable rents in the community and existing
policies of the Secretary. Each such report shall include data
from monitoring by the Quality Assurance Division of the
Department and shall compare current rates of correct subsidy
payments to such rates for the preceding year.
``(ii) Maximized Leasing.--
``(1) In general.--In each year, a public housing agency
may use amounts provided to the agency for tenant-based rental
assistance for such year to provide assistance on behalf of as
many families as the agency determines is possible,
notwithstanding the number of vouchers authorized for the
agency for such year for purposes of allocation of amounts.
``(2) Prohibition on consideration of overleasing data.--
In determining the allocation baseline for vouchers or the
authorized level of vouchers for any public housing agency for
any year, the Secretary may not take into consideration the
extent to which the number of families assisted in the
preceding year by the agency exceeded such authorized level.
``(3) Prohibition of limitation on overleasing.--
``(A) In general.--Except as provided in
subparagraph (B) and notwithstanding any other
provision of law, the Secretary may not establish,
implement, carry out, or enforce any limitation on the
number of--
``(i) families that may be assisted by a
public housing agency with amounts provided to
the agency for tenant-based rental assistance;
``(ii) vouchers that an agency may fund
using such amounts; or
``(iii) units or unit-months that an agency
may have under lease using such amounts
``(B) Exception.--If the Secretary determines that
a public housing agency has engaged in financial
mismangement involving leasing in excess of the
agency's authorized level of vouchers, the prohibition
under subparagraph (A) shall not apply to such agency.
``(jj) Authorization of Appropriations for Tenant-Based
Assistance.--There are authorized to be appropriated in each fiscal
year such sums as may be necessary for tenant-based rental assistance
for--
``(1) renewal of all expiring annual contributions
contracts for such assistance in accordance with subsection
(ff) in the amount necessary to avoid proration under paragraph
(3) of such subsection; and
``(2) restoring and replenishing all public housing
agency's reserves under subsection (gg) in the amount required
under paragraph (2) of such subsection for such year.''. | Housing Choice Voucher Funding Fairness Act of 2006 - Amends the United States Housing Act of 1937 to require the Secretary of Housing and Urban Development (HUD) to allocate certain funds for renewal of expiring annual contributions contracts for tenant-based rental assistance for each public housing agency (other than an agency with a special funding agreement under the Moving To Work demonstration program) based on the most recent leasing and cost data for certain funding cycles.
Prescribes implementation guidelines, including agency reserves for housing choice vouchers.
Requires the Secretary to provide to Congress and make publicly available specified budget information.
Sets forth guidelines for maximized leasing that prohibit the Secretary from: (1) taking into consideration the extent to which the number of families assisted in the preceding year by an agency exceeded the authorized level; or (2) establishing or enforcing any limitation on the number of families, vouchers, or units or unit-months that may be assisted with amounts provided for tenant-based rental assistance. | To make funding for the housing choice voucher program of the Department of Housing and Urban Development more reliable and predictable at the local level, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Cancellation for the New
Millennium Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Enhanced HIPC Initiative was developed by the
countries of the G-7 during the G-7 Summit meeting in Cologne,
Germany, June 18-20, 1999.
(2) The purpose of the Enhanced HIPC Initiative is to
provide debt relief to the world's poorest countries and enable
these countries to invest the savings from debt relief in HIV/
AIDS treatment and prevention, health care, education, and
poverty reduction programs.
(3) The Enhanced HIPC Initiative requires heavily indebted
poor countries (HIPCs) to develop and implement plans known as
Poverty Reduction Strategy Papers (PRSPs) with the
participation of civil society for the purpose of reducing
poverty.
(4) The Enhanced HIPC Initiative does not provide full
cancellation of the debts of HIPCs.
(5) The International Monetary Fund (IMF) and the
International Bank for Reconstruction and Development (World
Bank) have sufficient resources to provide full cancellation of
the debts that HIPCs owe to these institutions.
(6) The Enhanced HIPC Initiative requires HIPCs to
implement structural adjustment programs approved by the IMF,
which impose economic austerity upon these countries and are
strongly opposed by civil society in many of the countries in
which the programs have been implemented.
(7) The process of developing and implementing PRSPs has
required considerable time and effort on the part of officials
and citizens in many HIPCs, and, as a result, these countries
have been unable to begin to receive debt relief as quickly as
had been planned.
(8) The Enhanced HIPC Initiative requires HIPCs to continue
to make service payments on their debts while they are
developing and implementing PRSPs, as well as while they are
implementing the IMF's structural adjustment programs.
(9) Many HIPCs have experienced revenue losses as a result
of reductions in prices for export commodities. These revenue
losses have reduced significantly the benefits of debt relief.
(10) Bangladesh, Haiti, and Nigeria were excluded from the
Enhanced HIPC Initiative, although they are impoverished
countries with significant debt burdens.
(11) The complete cancellation of the debts of impoverished
countries will remove a major impediment to poverty reduction
and economic growth, enable these countries to invest their
resources in HIV/AIDS treatment and prevention, health care,
education, and poverty reduction, and give these countries a
fresh start in the new millennium.
SEC. 3. REFORMS OF THE ENHANCED HIPC INITIATIVE.
Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-7) is amended by adding at the end the following:
``SEC. 1625. REFORMS OF THE ENHANCED HIPC INITIATIVE.
``Congress urges the President to commence immediately efforts,
within the Paris Club of Official Creditors, as well as the
International Bank for Reconstruction and Development (World Bank), the
International Monetary Fund (IMF), and other appropriate multilateral
development institutions to accomplish the following modifications in
the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative:
``(1) Full debt cancellation.--The amount of debt relief
provided by the IMF and the World Bank under the Enhanced HIPC
Initiative for the benefit of a HIPC shall be sufficient to
completely cancel 100 percent of the debts owed by the HIPC to
these institutions. Debt cancellation shall be provided by the
IMF and the World Bank using their own resources.
``(2) Prohibition on structural adjustment programs.--The
provision of debt relief under the Enhanced HIPC Initiative
shall not be conditioned on any country adopting or
implementing any structural adjustment or stabilization program
of the Poverty Reduction and Growth Facility of the IMF or any
other structural adjustment or stabilization program operated
solely or jointly by the IMF or the World Bank.
``(3) Immediate suspension of debt service payments for
countries developing prsps.--All HIPCs that are working in good
faith to develop and implement their Poverty Reduction Strategy
Papers (PRSPs) pursuant to the Enhanced HIPC Initiative shall
not be required to make service payments on their debts. The
PRSPs shall be developed and implemented with the participation
of civil society in order to ensure that the savings from debt
relief will be invested in HIV/AIDS treatment and prevention,
health care, education, and poverty reduction programs.
``(4) Country eligibility.--The eligibility requirements of
the Enhanced HIPC Initiative shall be revised to make
Bangladesh, Haiti, and Nigeria eligible.''.
SEC. 4. TECHNICAL ASSISTANCE.
The Secretary of the Treasury shall provide or otherwise arrange
for the provision of technical assistance upon request to heavily
indebted poor countries (within the meaning of the Enhanced Heavily
Indebted Poor Countries (HIPC) Initiative) regarding compliance with
all conditions for debt relief pursuant to the Enhanced HIPC
Initiative, including the development and implementation of their
Poverty Reduction Strategy Papers (PSRPs). The Secretary of the
Treasury shall inform all such countries of the availability of the
technical assistance within 30 days after the date of the enactment of
this Act.
SEC. 5. REPORT TO THE CONGRESS.
Not later than December 31 of each year, the President shall submit
to the Committees on Financial Services, on Appropriations, and on
International Relations of the House of Representatives and the
Committees on Foreign Relations, on Banking, Housing, and Urban
Affairs, and on Appropriations of the Senate a report, which shall be
made available to the public, on the activities undertaken under this
Act, and on the progress made in accomplishing the modifications to the
Enhanced HIPC Initiative called for in this Act, for the preceding
fiscal year. | Debt Cancellation for the New Millennium Act - Amends the International Financial Institutions Act to urge the President to commence immediately efforts within the Paris Club of Official Creditors, as well as the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund (IMF), and other appropriate multilateral development institutions, to accomplish certain modifications in the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative, including requiring that: (1) the amount of debt relief provided by the IMF and the World Bank under the Enhanced HIPC Initiative for a HIPC be sufficient to completely cancel 100 percent of the HIPC's debt owed to such institutions; (2) no provision of debt relief under the Initiative be conditioned on any country's implementing a structural adjustment or stabilization program of the Poverty Reduction and Growth Facility of the IMF or any other such program operated solely or jointly by the IMF or the World Bank; (3) all HIPCs that are working in good faith to develop and implement their Poverty Reduction Strategy Papers (PRSPs) pursuant to the Initiative not be required to make service payments on their debts (ensuring that the savings from such debt relief will be invested in HIV/AIDS treatment and prevention, health care, education, and poverty reduction programs); and (4) the eligibility requirements of the Initiative be revised to make Bangladesh, Haiti, and Nigeria eligible.Directs the Secretary of the Treasury to provide, upon request, for technical assistance to HIPCs regarding compliance with the conditions for debt relief pursuant to the Initiative, including the development and implementation of their PSRPs. | To urge reforms of the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative, and for other purposes. |
SECTION 1. APPOINTMENT OF GUARDIAN AD LITEM FOR CERTAIN ALIEN CHILDREN.
Section 235(a) of the Immigration and Nationality Act (8 U.S.C.
1225(a)) is amended by adding at the end the following:
``(6) Appointment of guardian ad litem.--
``(A) In general.--
``(i) Deadline for appointment.--Subject to
subparagraph (F), the Attorney General shall
appoint for an alien a guardian ad litem
described in subparagraph (E) not later than 30
days after the date on which all of the
conditions described in subparagraph (D) are
fulfilled with respect to the alien.
``(ii) Termination of appointment.--The
guardian ad litem shall carry out the duties
described in subparagraph (B) until--
``(I) the alien departs from the
United States;
``(II) a final administrative order
with respect to an asylum claim is
made; or
``(III) the alien attains 18 years
of age;
whichever occurs first.
``(iii) Notice.--The Attorney General shall
serve notice of all matters affecting any duty
described in subparagraph (B) on the guardian.
``(B) Duties.--The guardian ad litem--
``(i) in connection with an actual or
potential application for asylum by the alien--
``(I) shall conduct an interview of
the alien in a manner that is
appropriate, taking into account the
alien's age;
``(II) shall otherwise investigate
the facts and circumstances relevant to
such an application, including facts
and circumstances arising in the
country of the alien's nationality or
last habitual residence and facts and
circumstances arising subsequent to the
alien's departure from such country;
and
``(III) not later than 30 days
after the appointment of the guardian,
shall provide to all parties in any
immigration proceeding involving the
alien a report containing the results
of this investigation, a statement of
the wishes of the alien, and the
guardian's recommendations, and shall
provide subsequent similar reports as
necessary;
``(ii) shall advise the alien on whether
the alien should voluntarily depart from the
United States under paragraph (4) or section
240B;
``(iii) otherwise shall ensure that the
covered alien's best interests are promoted
while the alien participates in, or is subject
to, proceedings under this section, asylum
proceedings, or removal proceedings under any
provision of this title; and
``(iv) shall ensure that the alien
understands such determinations and
proceedings.
``(C) Powers.--
``(i) Authorities.--The guardian ad litem--
``(I) may be present at all
hearings involving the alien that are
held in connection with proceedings
under this section, asylum proceedings, or removal proceedings under
any provision of this title;
``(II) may review all records and
information related to such
proceedings; and
``(III) may seek independent
evaluations of the alien.
``(ii) Limitation.--The guardian ad litem
shall not have authority under this paragraph
to file a petition under this Act on behalf of
the alien in contravention of the wishes of any
parent of the alien.
``(D) Minors described.--With respect to an alien,
the conditions described in this subparagraph are the
following:
``(i) The alien is under 18 years of age.
``(ii) The alien is deemed to be an
applicant for admission under paragraph (1) or
is a stowaway described in paragraph (2).
``(iii) The alien is not lawfully in the
physical custody of a natural or adoptive
parent, a stepparent, or any other person
legally authorized to stand in loco parentis.
``(iv) If the alien is a citizen or
national of a foreign state that is not
designated as a state sponsor of terrorism
under section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)) or section
620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), the alien indicates an intention
to apply for asylum or a fear of persecution,
or the Attorney General determines that there
is a significant possibility that the alien
could establish eligibility for asylum.
``(E) Guardian described.--A guardian ad litem
described in this subparagraph is an individual who--
``(i) is a child welfare professional or
other individual who has received training in
child welfare matters;
``(ii) is recognized by the Attorney
General as being qualified to serve as a
guardian ad litem; and
``(iii) is not an officer or employee of
the Service, is not acting as the alien's
immigration attorney, is not a relative of the
alien, and is not a person with a conflict of
interest.
``(F) Stay of proceedings pending appointment.--
Upon determining that the appointment of a guardian ad
litem is required under this section, the Attorney
General, until such appointment has taken effect--
``(i) shall stay all proceedings under this
Act or any other Federal immigration law; and
``(ii) may not take any action to induce or
facilitate the alien's voluntary departure.
``(G) Deference to decisions and recommendations of
guardian.--Pursuant to regulations promulgated by the
Attorney General under this paragraph, the decisions
and recommendations made, and the actions taken, by a
guardian ad litem appointed under this paragraph shall
be treated the same as the decisions, recommendations,
and actions of a guardian ad litem appointed for a
minor child in a child welfare proceeding under State
law.
``(H) Subject to international agreements.--Nothing
in this paragraph shall be construed to supersede any
requirement under any international agreement or treaty
to which the United States is a party.''. | States that the guardian shall assist in immigration- and asylum-related duties until: (1) the alien reaches 18 years old or departs; or (2) determination of the asylum claim. | To provide for the appointment of a guardian ad litem to protect the interests under Federal immigration law of certain alien minor children present in the United States without a parent or other legal guardian. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alexis Agin Identity Theft
Protection Act of 2013''.
SEC. 2. LIMITATION ON DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR
MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--Section 205(r) of the Social Security Act (42
U.S.C. 405(r)) is amended--
(1) in paragraph (2), by inserting ``, and to ensure
completeness, timeliness, and accuracy of,'' after
``transmitting'';
(2) by striking paragraph (3) and inserting the following:
``(3) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding deceased
individuals furnished to or maintained by the Commissioner, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, to any Federal or State agency providing or
administering Federally funded benefits to individuals, other than
benefits under this Act, through a cooperative arrangement with such
agency designed to ensure proper payment of those benefits with respect
to such individuals if--
``(A) under such arrangement the agency provides
reimbursement to the Commissioner of Social Security for the
reasonable costs of carrying out such arrangement, including
the reasonable costs associated with the collection and
maintenance of information regarding deceased individuals
furnished to the Commissioner pursuant to paragraph (1); and
``(B) such arrangement does not conflict with the duties of
the Commissioner of Social Security under paragraph (1).'';
(3) in paragraph (4), by inserting ``or in benefit and
pension plans for employees of the States or local
governments'' after ``by the States'';
(4) by striking paragraph (5) and inserting the following:
``(5)(A) The Commissioner of Social Security may use or provide for
the use of information regarding deceased individuals furnished to or
maintained by the Commissioner, subject to such safeguards as the
Commissioner of Social Security determines are necessary or appropriate
to protect the information from unauthorized use or disclosure,
provided the requirements of subparagraphs (A) and (B) of paragraph (3)
are met and such information is provided--
``(i) to any Federal agency through a cooperative agreement
with such agency for the purpose of law enforcement or tax
administration; or
``(ii) for statistical and research activities conducted by
Federal and State agencies.
``(B) A Federal or State agency may disclose death information
obtained from the Commissioner to a contractor for the purposes of
assisting with such law enforcement, tax administration, or statistical
and research activities, provided that the agency ensures, at a
minimum, that the contractor fulfills the requirements of clauses (ii)
and (iv) of paragraph (7)(E).'';
(5) by striking paragraph (7) and inserting the following:
``(7)(A) For purposes of this paragraph, death information shall
consist of information regarding deceased individuals maintained by the
Commissioner of Social Security, except for information furnished to or
maintained by the Commissioner pursuant to paragraphs (1) or (2), and
the death information to be provided shall consist only of the name,
social security number, date of birth, and date of death of a deceased
individual.''
``(B) The Commissioner may disclose death information under this
paragraph to the Secretary of Defense provided that--
``(i) the Secretary uses the information provided solely
for the purpose of assisting in the identification of
unidentified remains, and
``(ii) the Secretary enforces requirements similar to those
in clauses (i), (ii), (iv), (v), (vi), and (vii) with respect
to any contractor the Secretary hires to assist in such
identifications.
``(C) The Commissioner of Social Security may disclose death
information, except for information furnished to or maintained by the
Commissioner of Social Security pursuant to paragraphs (1) or (2),
provided the requirements of this paragraph and the requirements of
subparagraphs (A) and (B) of paragraph (3) are met.
``(D) The Commissioner may disclose--
``(i) to any entity, information maintained by the
Commissioner concerning individuals whose date of death
occurred at least 3 calendar years prior to the year that the
entity requests such information pursuant to a written
agreement; and
``(ii) to any entity `certified' by the Commissioner under
subparagraph (E), information maintained by the Commissioner
concerning individuals whose date of death does not satisfy the
requirements of clause (i), pursuant to a written agreement
between the Commissioner and the entity.
``(E) For purposes of this paragraph an entity is `certified' only
if the Commissioner--
``(i) establishes procedures to certify and decertify
entities eligible to obtain such information;
``(ii) includes in the agreement with such an entity
provisions to require such entity to safeguard the information
provided, assure that the information is used only for the
purpose which was the basis for the certification, assure that
the information is not disclosed by the entity to any other
entity, and include contractual penalties, including monetary
penalties and loss of certification, for the violation of any
requirements imposed by the Commissioner as a condition of
receiving the information;
``(iii) requires that the entity demonstrate that--
``(I) it has a legitimate business need for the
information, which shall include a requirement that the
information regarding a deceased individual will aid in
preventing financial harm to the entity or to a
customer or client of the entity or will aid in
permitting the entity to fulfill an obligation to a
beneficiary of an individual that is contingent upon
the death of such individual; or
``(II) it has a legitimate interest in preventing
fraud or unauthorized financial transactions;
``(iv) requires that the entity demonstrate that it has
infrastructure and procedures in place to prevent wrongful
access to or the disclosure of information provided by the
Commissioner;
``(v) determines that the entity has adequate experience
and expertise in maintaining the confidentiality and security
of information;
``(vi) includes such other requirements and restrictions as
the Commissioner deems appropriate to assure the
confidentiality of the information; and
``(vii) requires that the entity permit periodic and
unscheduled audits of the entity to assure compliance with the
requirements established by the Commissioner.
``(F) The Commissioner shall establish application and other fees
to be paid by entities seeking to be certified or to maintain
certification under this paragraph so that the Commissioner is fully
reimbursed for all costs associated with development of the
certification process, evaluating applications, auditing compliance
with the requirements established by the Commissioner, inspecting
records and assuring compliance with contract requirements, and any
other costs associated with assuring continuing eligibility for
certification under this paragraph.
``(G) For purposes of this paragraph, the terms `entity' or
`entities' includes `individual' and `individuals' respectively.
``(H) The Commissioner may delegate any of the activities under
this paragraph to another agency and may perform any activity through a
contractor, provided that the delegation or contract requires such
agency or contractor to comply with all requirements of this section
and of the implementing policies developed by the Commissioner.'';
(6) by adding at the end the following new paragraph:
``(10) Information related to a deceased individual received by the
Commissioner of Social Security other than as described in paragraph
(1) shall be treated for purposes of paragraph (6) in the same manner
as information received as described in paragraph (1).''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act and each year thereafter through 2019, the Commissioner of
Social Security shall submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives a
report describing the entities certified by the Commissioner under
section 205(r)(7) of the Social Security Act (42 U.S.C. 405(r)(7))
during the preceding year and their compliance with the requirements of
subparagraph (E) of such section.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section take effect on the date that is
60 days after the date of the enactment of this Act.
(2) Exception.--The amendment made by subsection (a)(6)
shall take effect on January 1, 2014.
(d) Sunset.--Subparagraphs (C) through (H) of section 205(r)(7) of
the Social Security Act (42 U.S.C. 405(r)(7)) (as amended by subsection
(a)) shall cease to be effective on January 1, 2019, except that--
(1) clauses (ii) and (iv) of subparagraph (E) of such
section shall continue to apply for purposes of section
205(r)(5)(B) of such Act (42 U.S.C. 405(r)(5)(B)) (as amended
by subsection (a)). | Alexis Agin Identity Theft Protection Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the treatment of death information furnished to or maintained by the Social Security Administration (SSA). Authorizes the Commissioner of Social Security to use or provide such information to federal and state agencies for statistical and research activities or to any federal agency for law enforcement or tax administration purposes. Authorizes disclosure of such information by: (1) federal and state agencies to contractors to assist with similar activities, (2) the Commissioner to entities concerning certain individuals who died more than three years earlier as well as to entities certified by the Commissioner, and (3) the Commissioner to the Secretary of Defense (DOD) to assist in the identification of remains. | Alexis Agin Identity Theft Protection Act of 2013 |
SECTION 1. DESIGNATION OF MILITARY INSTALLATIONS AND CERTAIN
COMMUNITIES AS ENTERPRISE ZONES AND REDEVELOPMENT AREAS.
(a) Designation as Enterprise Zones.--Notwithstanding the
designation process specified in section 701 of the Housing and
Community Development Act of 1987 (42 U.S.C. 11501), each military
installation selected for closure or substantial realignment under a
base closure law shall be designated by the Secretary of Housing and
Urban Development as an enterprise zone for purposes of title VII of
such Act. An enterprise zone designated under this subsection shall
include the local community within the administrative and political
jurisdiction of which the military installation is located.
(b) Designation as Redevelopment Areas.--Notwithstanding the
designation process specified in section 401 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3161), each military
installation selected for closure or substantial realignment under a
base closure law shall be designated by the Secretary of Commerce as a
redevelopment area for purposes of such Act. A redevelopment area
designated under this subsection shall include the local community
within the administrative and political jurisdiction of which the
military installation is located.
(c) Time for Designations.--The designations of a military
installation as an enterprise zone under subsection (a) and as a
redevelopment area under subsection (b) shall be made not later than 60
days after the date on which the installation is recommended for
closure or substantial realignment in a base closure report transmitted
to the Congress by the President pursuant to section 2903(e) of the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), and such report is not
disapproved by the Congress in a joint resolution enacted under section
2908 of such Act. In the case of military installations selected for
closure or substantial realignment before the date of the enactment of
this Act, the designations under subsections (a) and (b) shall be made
not later than 60 days after the date of the enactment of this Act.
(d) Treatment of Designated Installations.--Enterprise zones
designated under subsection (a) shall be in addition to the 100
enterprise zones authorized to be designated under section 701(a)(2)(A)
of the Housing and Community Development Act of 1987 (42 U.S.C.
11501(a)(2)(A)).
(e) Course of Action.--In the case of an enterprise zone designated
under subsection (a), the course of action required under section
701(d) of the Housing and Community Development Act of 1987 (42 U.S.C.
11501(d)) for the enterprise zone may be funded from proceeds of
programs administered by the Secretary of Defense or the Secretary of
Commerce to provide economic adjustment assistance or community
planning assistance in connection with the closure or realignment of
military installations.
(f) Review of Redevelopment Area Designation.--The designation of a
military installation as a redevelopment area under subsection (b)
shall remain in effect for the 5-year period beginning on the date of
the designation. After such period, the Secretary of Commerce shall
conduct an annual review of such area under section 402 of the Public
Works and Economic Development of 1965 (42 U.S.C. 3162) and shall
terminate or modify such designation whenever the area does not satisfy
the designation requirements of section 401 of such Act.
(g) Definitions.--For purposes of this section:
(1) The term ``base closure law'' means--
(A) the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note); and
(B) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public
Law 100-526; 10 U.S.C. 2687 note).
(2) The term ``substantial realignment'' means a reduction
in the operation of a military installation such that 50
percent or more of the personnel assigned to or employed at the
military installation, including civilian employees of the
Department of Defense and members of the Armed Forces, are
reassigned or transferred to another military installation.
SEC. 2. PRIORITY FOR COMMERCIAL USE OF PROPERTY ON MILITARY
INSTALLATIONS DESIGNATED AS ENTERPRISE ZONES AND
REDEVELOPMENT AREAS.
Section 501(a) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11411(a)) is amended by adding at the end the following new
sentence: ``In the case of a military installation designated as an
enterprise zone for purposes of title VII of the Housing and Community
Development Act of 1987 (42 U.S.C. 11501 et seq.) and as a
redevelopment area for purposes of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.), the Secretary may not
identify buildings or other properties located on the military
installation as suitable for use to assist the homeless until such time
as (1) the Secretary certifies to the Congress that the buildings or
other properties are no longer being considered for commercial uses
consistent with the designation of the military installation as an
enterprise zone, and (2) the Secretary of Commerce certifies to the
Congress that the buildings or other properties are no longer being
considered for redevelopment uses consistent with the designation of
the military installation as a redevelopment area.''. | Requires each military installation selected for closure or substantial realignment under a base closure law to be designated as: (1) an enterprise zone for purposes of title VII of the Housing and Community Development Act of 1987; and (2) a redevelopment area for purposes of title IV of the Public Works and Economic Development Act of 1965 (making the local community of such military installation eligible for certain developmental financial and other assistance). Requires such designations to be made within 60 days after the recommendation for installation closure or realignment.
Amends the Stewart B. McKinney Homeless Assistance Act to prohibit the Secretary of Housing and Urban Development, in the case of each military installation designated as either an enterprise zone or a redevelopment area, from identifying buildings or other properties at such installation as suitable for housing for the homeless until: (1) such Secretary certifies to the Congress that such buildings or properties are no longer being considered for commercial uses as an enterprise zone; and (2) the Secretary of Commerce makes the same certification with respect to such use as a redevelopment area. | To designate military installations selected for closure or realignment under a base closure law, and the communities within which such military installations are located, as enterprise zones for purposes of title VII of the Housing and Community Development Act of 1987 and as redevelopment areas for purposes of the Public Works and Economic Development Act of 1965. |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Postal Service Enhancement Act''.
TITLE I--RATEMAKING FLEXIBILITIES
SEC. 101. COMPETITIVE AND NONCOMPETITIVE PRODUCTS DEFINED.
Section 102 of title 39, United States Code, is amended by striking
``and'' at the end of paragraph (3), by striking the period at the end
of paragraph (4) and inserting a semicolon, and by adding at the end
the following:
``(5) `competitive product' refers to any postal product
which the Postal Rate Commission has determined, based on
appropriate economic factors prescribed by the Commission,
competes for business in a competitive market; and
``(6) `noncompetitive product' refers to any postal product
that is not a competitive product.''.
SEC. 102. RATES AND FEES FOR NONCOMPETITIVE PRODUCTS.
(a) Current Ratemaking Procedures Cease To Apply With Respect to
Competitive Products.--Section 3622(a) of title 39, United States Code,
is amended by adding at the end the following: ``This section shall
apply only in the case of noncompetitive products.''.
(b) Prohibition on Subsidizing Competitive Products.--Section
3622(b) of title 39, United States Code, is amended by striking ``and''
at the end of paragraph (8), by redesignating paragraph (9) as
paragraph (10), and by inserting after paragraph (8) the following:
``(9) the requirement that no rate or fee for a
noncompetitive product shall subsidize any rate or fee for a
competitive product; and''.
SEC. 103. AUTHORITY TO INCREASE RATES FOR NONCOMPETITIVE PRODUCTS
INCREMENTALLY.
Section 3624 of title 39, United States Code, is amended by adding
at the end the following:
``(e) If a request made by the Postal Service under section 3622
proposes that one or more rates of postage or fees for postal services
be changed incrementally, the recommended decision of the Commission
may include provisions responsive to that proposal.''.
SEC. 104. NEGOTIATED SERVICE AGREEMENTS.
Title 39, United States Code, is amended by inserting after section
3642 the following:
``Sec. 3643. Negotiated service agreements
``(a) The Postal Service may enter into negotiated service
agreements with mail users under this section and in accordance with
the policies of this title.
``(b) A negotiated service agreement may not be entered into unless
each of the following conditions is met:
``(1) The agreement can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
``(2) The Postal Service remains willing and able to enter
into similar negotiated service agreements with other similarly
situated mail users (determined without regard to size).
``(3) Rates and fees payable during the term of the
negotiated service agreement are reasonably calculated to yield
to the Postal Service total revenues (after taking into account
any costs avoided, and any additional costs incurred, by the
Postal Service pursuant to the agreement) at least equal to the
revenues that would be generated over that same period of time
by application of the rate or rates chargeable under the
classification or classifications of mail service most similar
to the services performed under the agreement.
``(c) A negotiated service agreement that involves one or more
noncompetitive products shall not become effective unless the Postal
Rate Commission first certifies, in accordance with such expedited
procedures as the Commission shall by regulation establish, that the
agreement meets the requirements of this section. Certifications under
this subsection may, notwithstanding section 3628, be appealed to any
court of appeals of the United States.
``(d) For purposes of this section, the term `negotiated service
agreement' means an agreement between a mail user and the Postal
Service requiring performance by the mail user, the Postal Service, or
both, of any combination of activities that, with respect to one or
more classes of mail, differs significantly from those that would
otherwise apply.''.
SEC. 105. COMPETITIVE PRODUCTS.
Subchapter II of chapter 36 of title 39, United States Code, is
amended by adding at the end the following:
``Sec. 3630. Competitive products
``(a) The Postal Service may offer competitive products under this
section and in accordance with the policies of this title.
``(b) A competitive product may not be offered unless each of the
following conditions is met:
``(1) The product can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
``(2) The rates or fees for the product--
``(A) comply with the factors specified in section
3622(b); and
``(B) are not subsidized by any rates or fees for
noncompetitive products.
``(c)(1) Interested parties who believe the Postal Service is
offering a competitive product which does not conform to the policies
set out in this title may lodge a complaint with the Postal Rate
Commission in such form and in such manner as it may prescribe. The
Commission may, in its discretion, hold hearings on such complaint and
may issue an order providing for such interim relief as the Commission
considers appropriate. The Commission shall issue an order deciding the
complaint as expeditiously as possible.
``(2) The Postal Service shall comply with orders of the Commission
under this subsection. Such orders may, notwithstanding section 3628,
be appealed to any court of appeals of the United States.
``(3) Section 3662 shall not apply to complaints relating to
competitive products.''.
SEC. 106. TECHNICAL AND CONFORMING AMENDMENTS.
(a) The heading for section 3622 of title 39, United States Code,
is amended to read as follows:
``Sec. 3622. Rates and fees for noncompetitive products''.
(b) The table of sections for chapter 36 of title 39, United States
Code, is amended--
(1) by striking the item relating to section 3622 and
inserting the following:
``3622. Rates and fees for noncompetitive products.'';
(2) by adding after the item relating to section 3629 the
following:
``3630. Competitive products.''; and
(3) by inserting after the item relating to section 3642
the following:
``3643. Negotiated service agreements.''.
SEC. 107. SAVINGS PROVISIONS.
(a) Postal Products; Rates and Fees.--Until otherwise provided in
accordance with title 39, United States Code (as amended by this title
or as deemed to have remained in effect under subsection (b), as the
case may be)--
(1) all postal products offered immediately before this Act
takes effect shall continue being offered; and
(2) all rates and fees in effect under such title
immediately before this Act takes effect shall remain in
effect.
(b) Proceedings Pending.--This title shall not affect any
proceedings pending immediately before the date of enactment of this
Act, and any such proceedings shall continue under applicable
provisions of title 39, United States Code, as last in effect before
such date of enactment, until completed or terminated in accordance
therewith.
TITLE II--NATIONAL COMMISSION ON POSTAL EFFICIENCY AND ENHANCEMENT
SEC. 201. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on Postal Efficiency and Enhancement'' (hereinafter in this
title referred to as the ``Commission'').
SEC. 202. FUNCTIONS OF THE COMMISSION.
The Commission shall review the present practices and
organizational structure of the United States Postal Service, with a
view toward identifying--
(1) areas of inefficiency or waste; and
(2) methods for improving operations involved in the
collection, processing, or delivery of mail.
SEC. 203. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 8
members appointed by the President, except that of those members--
(1) 2 shall be appointed from among individuals recommended
by the majority leader of the Senate; and
(2) 2 shall be appointed from among individuals recommended
by the Speaker of the House of Representatives.
(b) Qualifications.--An individual appointed to serve on the
Commission shall have expertise in mail delivery, organizational
efficiency, labor relations, or other relevant subject areas.
(c) Initial Appointments.--It is the sense of the Congress that the
members of the Commission should be appointed within 90 days after the
date of enactment of this Act.
(d) Chairman.--The Chairman of the Commission shall be designated
by the President.
(e) Pay.--Members shall be paid at a rate to be established by the
President, not to exceed the rate payable for level I of the Executive
Schedule under section 5312 of title 5, United States Code.
SEC. 204. ADMINISTRATION.
(a) In General.--The Chairman of the Commission shall exercise the
executive and administrative functions of the Commission, and may
appoint such staff as may be necessary for the operation of the
Commission.
(b) Information From Agencies.--The Commission may secure from any
department, agency, independent establishment, or other instrumentality
of the United States, any information necessary to enable it to carry
out its functions under this title. Upon receiving a request under the
preceding sentence, the head of the instrumentality involved shall, to
the extent authorized by law, furnish such information directly to the
Commission.
SEC. 205. REPORTING REQUIREMENTS.
The Commission shall transmit to the President and the Congress,
within 2 years after the date of enactment of this Act, a report
containing a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for any legislation or
administrative actions which the Commission considers appropriate.
SEC. 206. TERMINATION.
The Commission shall terminate as of the date on which the work of
the Commission has been completed.
TITLE III--ENHANCED AUTHORITIES FOR THE POSTAL RATE COMMISSION
SEC. 301. ENHANCED AUTHORITIES.
Section 3604 of title 39, United States Code, is amended by adding
at the end the following:
``(f)(1) Any Commissioner of the Postal Rate Commission, any
administrative law judge appointed by the Commission under section 3105
of title 5, and any employee of the Commission designated by the
Commission, may administer oaths, examine witnesses, take depositions,
and receive evidence.
``(2) The Chairman of the Commission, any Commissioner designated
by the Chairman, and any administrative law judge appointed by the
Commission under section 3105 of title 5 may, with respect to any
proceeding conducted by the Commission under this title--
``(A) issue subpoenas requiring the attendance and
presentation of testimony, or the production of documentary or
other evidence in the possession, of any covered individual;
and
``(B) order the taking of depositions or responses to
written interrogatories by a covered individual.
``(3) In the case of contumacy or failure to obey a subpoena or
order issued under this subsection, upon application by the Commission,
the district court of the United States for the district in which the
person to whom the subpoena or order is addressed resides or is served
may issue an order requiring such person to appear at any designated
place to testify or produce documentary or other evidence. Any failure
to obey the order of the court may be punished by the court as a
contempt thereof.
``(4) For purposes of this subsection, the term `covered
individual' means an officer or employee or agent of the Postal Service
or of a contractor of the Postal Service.
``(g)(1) If the Postal Service determines that any testimony,
document, or other matter provided pursuant to a subpoena or order
issued under subsection (f), or otherwise provided by the Postal
Service to the Postal Rate Commission in connection with any proceeding
or other purpose under this title, contains information which is
described in section 410(c) of this title, or exempt from public
disclosure under section 552(b) of title 5, the Postal Service shall,
at the time such matter is provided to the Commission, notify the
Commission, in writing, of its determination (and the reasons
therefor).
``(2) The Commission shall establish procedures for ensuring, where
appropriate, the confidentiality of any information as to which it has
been notified under paragraph (1).''. | (Sec. 104) Outlines conditions under which the Postal Service (Service) may enter into negotiated service agreements with mail users, including that: (1) the agreement will result in net benefits to the nationwide postal system; and (2) rates and fees payable under the agreement are calculated to yield revenues to the Service that are at least equal to revenues generated by rates chargeable for other mail services. Allows any such agreement that involves one or more noncompetitive products to be effective only after the Postal Rate Commission (Commission) first certifies that such agreement meets requirements applicable to all mail service agreements.
(Sec. 105) Outlines conditions under which the Service may offer competitive products. Provides conditions under which a party who believes that the Service is offering a competitive product which does not conform to such conditions may lodge a complaint with the Commission.
Title II: National Commission on Postal Efficiency and Enhancement
- Establishes the National Commission on Postal Efficiency and Enhancement to review and report on the present practices and organizational structure of the Service, with a view toward identifying waste or inefficiency and improving the collection, processing, and delivery of mail.
Title III: Enhanced Authorities for the Postal Rate Commission
- Authorizes any Commission commissioner, any administrative law judge appointed by the Commission, and any Commission employee to administer oaths, examine witnesses, take depositions, and receive evidence. Authorizes the Commission Chairman, any designated commissioner, or any Commission-appointed administrative law judge to issue subpoenas and order the taking of depositions or responses to written interrogatories. | Postal Service Enhancement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hunting Heritage Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Recreational hunting is an important and traditional
recreational activity in which 14,000,000 Americans 16 years of
age and older participate.
(2) Hunters have been and continue to be among the foremost
supporters of sound wildlife management and conservation
practices in the United States.
(3) Persons who hunt and organizations related to hunting
provide direct assistance to wildlife managers and enforcement
officers of Federal, State, and local governments.
(4) Purchases of hunting licenses, permits, and stamps and
excise taxes on goods used by hunters have generated billions
of dollars for wildlife conservation, research, and management.
(5) Recreational hunting is an essential component of
effective wildlife management, in that it is an important tool
for reducing conflicts between people and wildlife and provides
incentives for the conservation of wildlife and habitats and
ecosystems on which wildlife depends.
(6) Each State has established at least one agency staffed
by professionally trained wildlife management personnel, that
has legal authority to manage the wildlife in the State.
(7) Recreational hunting is an environmentally acceptable
activity that occurs and can be provided for on Federal public
lands without adverse effects on other uses of that land and
water.
SEC. 3. RECREATIONAL HUNTING.
(a) In General.--Subject to valid existing rights, Federal public
lands shall be open to access and use for recreational hunting except--
(1) as limited by the Federal agency with responsibility
for Federal public lands--
(A) for reasons of national security;
(B) for reasons of public safety; or
(C) for reasons authorized in applicable Federal
statutes as reasons for closure; and
(2) as recreational hunting is limited by the State in
which the Federal public lands are located.
(b) Management.--The head of each Federal agency with authority to
manage a natural resource or Federal public lands on which a natural
resource depends shall exercise that authority, consistent with
subsection (a), in a manner so as to support, promote, and enhance
recreational hunting opportunities, to the extent authorized under
State law and regulation and in accordance with applicable Federal law.
(c) No Net Loss.--
(1) In general.--Federal land management decisions and
actions should, to the greatest extent practicable, result in
no net loss of land area available for hunting opportunities on
Federal public lands.
(2) Annual report.--Not later than October 1 of each year,
the head of each Federal agency with authority to manage
Federal public lands on which recreational hunting occurs shall
submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing--
(A) areas administered by the agency that have been
closed during the previous year to recreational hunting
and the reasons for such closure; and
(B) areas administered by the agency that were open
to recreational hunting to compensate for those areas
described under subparagraph (A).
(d) Areas Not Affected.--Nothing in this Act shall be construed to
compel the opening to recreational hunting of national parks or
national monuments administered by the National Park Service.
(e) No Priority.--This section does not require a Federal agency to
give preference to hunting over other uses of Federal public lands, or
over land or water management priorities established in Federal law.
(f) Authority of the States.--
(1) Savings.--Nothing in this Act shall be construed as
affecting the authority, jurisdiction, or responsibility of the
several States to manage, control, or regulate fish and
resident wildlife under State law or regulations on land or
water within a State, including Federal public lands, nor as
impliedly preempting such State authority.
(2) Federal licenses.--Nothing in this Act shall be
construed as authorizing the head of any Federal agency, or any
official of such an agency, to require licenses or permits to
hunt, fish or trap on lands or waters within a State, including
on Federal public lands.
(3) State right of action.--Any State aggrieved by the
failure of the head of a Federal agency or an official thereof
to comply with this subsection may file a civil action in the
United States District Court for the district in which the
alleged act in violation of this subsection occurred or is
occurring to enjoin permanently such act. The court may grant
preliminary injunctive relief in any such action if the
granting of such relief is appropriate under the facts on which
such action is based. A State which is a prevailing party in an
action pursuant to this paragraph shall be awarded its costs
and attorneys' fees.
SEC. 4. NATIONAL RECREATIONAL HUNTING COORDINATION COUNCIL.
(a) Establishment.--There is hereby established a National
Recreational Hunting Coordination Council (in this Act referred to as
the ``Council'').
(b) Recreational Hunting Resources Conservation Plan.--
(1) In general.--The Council, in cooperation with Federal
agencies, States, and tribes, and the hunting community, shall
develop a comprehensive recreational hunting and wildlife
resource conservation plan.
(2) Contents.--The plan shall--
(A) recommend short- and long-term actions to be
carried out by the Federal agencies identified in the
plan to conserve and restore wildlife habitat in a
manner so as to support, promote, facilitate, and
enhance recreational hunting opportunities on Federal
public lands; and
(B) include--
(i) a review and evaluation of Federal
policies that affect recreational hunting
opportunities on Federal public lands;
(ii) recommendations to ensure that Federal
agencies consider the social and economic
values of healthy wildlife habitat and
recreational hunting in land management
decisions;
(iii) recommended actions to be taken by
Federal agencies to facilitate and promote
hunting access to appropriate Federal public
lands;
(iv) recommended actions to facilitate the
transfer of the latest resource information and
management technologies to wildlife managers
and the public to assist in the conservation
and management of wildlife and the promotion of
hunting opportunities on Federal public lands;
(v) recommendations for improving Federal
agency cooperation with States, tribes,
wildlife conservation groups, and the hunting
community;
(vi) measurable objectives of efforts to
conserve and restore wildlife habitats that
support viable and healthy wildlife resources
that may be hunted;
(vii) a comprehensive mechanism to evaluate
the attainment of the objectives described in
clause (vi); and
(viii) an evaluation of the need for a
permanent National Recreational Hunting
Coordination Council.
(3) Integration.--To the extent practicable, the Council in
developing such plan shall integrate it with existing plans and
programs to reduce duplication of efforts.
(4) Submission of plan.--Not later than 18 months after the
date of enactment of this Act, the Council shall publish a
draft plan in the Federal Register and provide opportunity for
public review and comment. Not later than 3 years after the
date of enactment, the Council shall revise and update as
necessary the draft plan and submit a final plan to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, and
the President.
(c) Membership.--
(1) Number and appointment.--The Council shall consist of
11 members appointed as follows:
(A) 1 member appointed by the Secretary of the
Interior.
(B) 1 member appointed by the Secretary of
Agriculture.
(C) 1 member appointed by the Secretary of Defense.
(D) 1 member appointed by the Speaker of the House
of Representatives.
(E) 1 member appointed by the minority leader of
the House of Representatives.
(F) 1 member appointed by the majority leader of
the Senate.
(G) 1 member appointed by the minority leader of
the Senate.
(H) 2 members appointed by the President from among
the directors of State fish and wildlife agencies.
(I) 2 members appointed by the President to
represent recreational hunters.
(2) Vacancies.--A vacancy in the Council shall be filled in
the manner in which the original appointment was made.
(3) Pay.--Each member shall serve without pay.
(4) 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.
(5) Chairperson.--The members of the Council shall elect a
Chairperson of the Council from among its members.
(d) Powers of Council.--
(1) Hearings and sessions.--The Council 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
Council considers appropriate.
(2) Powers of members and agents.--Any member or agency of
the Council may, if authorized by the Council, take any action
which the Council is authorized to take by this subsection.
(e) Termination.--The Council shall terminate upon the earlier of
the date of submission of the final plan under subsection (b) or 3
years after the date of the enactment of this Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $250,000 for each of
fiscal years 2001 through 2003 to support the Council established under
this section.
(g) Effective Date.--This section shall become effective January
20, 2001.
SEC. 5. DEFINITIONS.
In this Act:
(1) Hunting.--The term ``hunting'' means the lawful
pursuit, hunting, trapping, shooting, capture, collection, or
killing of wildlife or the attempt to pursue, hunt, trap,
shoot, capture, collect, or kill wildlife.
(2) Federal public lands.--The term ``Federal public
lands'' means any land or water the title to which is in the
United States after the date of enactment of this Act. | Directs the head of each Federal agency with authority to manage a natural resource or public lands on which such a resource depends to exercise that authority in a manner so as to support, promote, and enhance recreational hunting opportunities.
Declares that Federal land management decisions and actions should result in no net loss of land area available for hunting opportunities on Federal public lands.
Requires the heads of Federal agencies with authority to manage Federal public lands on which recreational hunting occurs to report annually to specified congressional committees on areas administered that have been closed during the previous year to recreational hunting and reasons for such closures and on areas that were open to such hunting to compensate for closed areas.
Grants States the right to file civil actions in district courts in cases where Federal agencies fail to comply with State authority to manage or regulate fish and wildlife.
Establishes a National Recreational Hunting Coordination Council to develop a recreational hunting and wildlife resource conservation plan for Federal public lands.
Terminates the Council on the earlier of the date of submission of the final plan or three years after this Act's enactment date. Authorizes appropriations. | Hunting Heritage Protection Act |
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