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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Energy Security
Act of 2006''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds that--
(1) the United States is the largest oil importer in the
world;
(2) the Federal Government predicts that, by 2025, 68
percent of the oil used in the United States will be imported;
(3) \2/3\ of the oil reserves of the world are located in
the politically unstable Middle East and are controlled by
members of the Organization of Petroleum Exporting Countries;
(4) global fuel consumption is projected to increase by 100
percent to 150 percent during the next 20 years, driven largely
by the Chinese and Indian economies;
(5) that increased demand for fuel--
(A) will place the United States in ever-greater
competition for oil and gas resources; and
(B) may result in an extension of Chinese
involvement in developing Cuban oil and gas reserves to
within a few miles of the coastline of the United
States;
(6) the United States adheres to the principle that, in a
case in which the exclusive economic zone of the United States
is contiguous to the exclusive economic zone of another
country, a point equidistant to the maritime baselines of the 2
countries demarcates the exclusive economic zone of each;
(7) an example of the application of the principle
described in paragraph (6) is that the exclusive economic zone
of Cuba extends to within--
(A) 52 miles of the Florida Keys at--
(i) south of 24 degrees north latitude; and
(ii) east of -81 degrees west longitude;
and
(B) 85.4 miles of the Florida peninsula at--
(i) south of 24 degrees north latitude; and
(ii) east of -81 degrees west longitude;
(8) Cubapetroleo, the state oil company of Cuba, recently--
(A) signed an oil production sharing agreement with
the China Petroleum and Chemical Corporation; and
(B) purchased 3 deep-water drilling rigs from that
Chinese state enterprise for use in the exclusive
economic zone of Cuba;
(9) the exclusive economic zone of Cuba in the Gulf of
Mexico is a 112,000-square-kilometer area that has been divided
into 59 exploration blocks, each of which is approximately
2,000 square kilometers and an average depth of 2,000 meters
(except that some of those blocks have a depth of as great as
4,000 meters);
(10) the northernmost of the exploration blocks described
in paragraph (9) are located off the southwest coast of the
State of Florida;
(11) a United States Geological Survey report entitled
``Assessment of Undiscovered Oil and Gas Resources of the North
Cuba Basin 2004'' estimated that between 1,000,000,000 and
9,300,000,000 barrels of undiscovered oil and between
1,900,000,000,000 and 22,000,000,000,000 cubic feet of
undiscovered natural gas along the northern coast of Cuba;
(12) the national security strategy of the President
recognizes the increasing resource needs of China by stating
that China is ``expanding trade, but acting as if they can
somehow lock up energy supplies around the world or seek to
direct markets rather than opening them up.'';
(13) the United States embargo on Cuba prohibits United
States persons from engaging in the exploration or extraction
of hydrocarbon resources from the exclusive economic zone of
Cuba;
(14) United States oil and gas industries are the world's
leaders in the efficient and environmentally-safe extraction of
oil and gas resources from marine deposits; and
(15) it is in the energy, national security, and
environmental interests of the United States that the oil and
gas companies of the United States be permitted to operate in
the foreign exclusive economic zones that is contiguous to the
exclusive economic zone of the United States.
(b) Purpose.--The purpose of this Act is to permit United States
persons to participate in the exploration for and the extraction of
hydrocarbon resources from any portion of a foreign maritime exclusive
economic zone that is contiguous to the exclusive economic zone of the
United States.
SEC. 3. DEFINITION OF UNITED STATES PERSON.
In this Act, the term ``United States person'' means--
(1) any United States citizen or alien lawfully admitted
for permanent residence in the United States; and
(2) any person other than an individual, if 1 or more
individuals described in paragraph (1) own or control at least
51 percent of the securities or other equity interest in the
person.
SEC. 4. AUTHORIZATION OF ACTIVITIES AND EXPORTS INVOLVING HYDROCARBON
RESOURCES BY UNITED STATES PERSONS.
Notwithstanding any other provision of law (including a
regulation), United States persons (including agents and affiliates of
those United States persons) may--
(1) engage in any transaction necessary for the exploration
for and extraction of hydrocarbon resources from any portion of
any foreign exclusive economic zone that is contiguous to the
exclusive economic zone of the United States; and
(2) export without license authority all equipment
necessary for the exploration for or extraction of hydrocarbon
resources described in paragraph (1).
SEC. 5. TRAVEL IN CONNECTION WITH AUTHORIZED HYDROCARBON EXPLORATION
AND EXTRACTION ACTIVITIES.
Section 910 of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection
(b) the following:
``(c) General License Authority for Travel-Related Expenditures by
Persons Engaging in Hydrocarbon Exploration and Extraction
Activities.--
``(1) In general.--The Secretary of the Treasury shall,
authorize under a general license the travel-related
transactions listed in section 515.560(c) of title 31, Code of
Federal Regulations, for travel to, from or within Cuba in
connection with exploration for and the extraction of
hydrocarbon resources in any part of a foreign maritime
Exclusive Economic Zone that is contiguous to the United
States' Exclusive Economic Zone.
``(2) Persons authorized.--Persons authorized to travel to
Cuba under this section include full-time employees,
executives, agents, and consultants of oil and gas producers,
distributors, and shippers.''.
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Western Hemisphere Energy Security Act of 2006 - Authorizes U.S. persons to: (1) explore and extract hydrocarbon resources from any portion of the foreign exclusive economic zone that is contiguous to the U.S. exclusive economic zone; and (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources.
Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to authorize the Secretary of the Treasury to allow under a general license employees of oil and gas producers, distributors, and shippers to travel to, from, or within Cuba to explore for and extract hydrocarbon resources from such zone.
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billsum_train
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Technology Resources
and Commercial Leadership Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) The United States Department of Commerce, through its
Office of Technology Policy, has reported in June, 1999, that
the United States will require more than 1.3 million new
highly-skilled core information technology workers by the year
2006.
(2) The need for computer scientists, computer engineers,
and systems analysts by 2006 is projected to be more than
double the number of such scientists, engineers, and analysts
in 1996.
(3) The supply of new graduates qualified for the positions
described in paragraph (2) is anticipated to be well short of
half the number needed.
(4) The lack of qualified workers is due in part to a lack
of sufficient numbers of students pursuing advanced degrees in
mathematics, science, and engineering technology.
(5) The number of degrees in technical science and
engineering fields awarded by United States institutions of
higher learning have declined since 1990.
(6) Foreign national students in the United States were
awarded 47 percent of Doctorate degrees in engineering, 38
percent of Master's degrees, and 46 percent of Doctorate
degrees in computer science in 1996.
(7) The United States is a leader in the global development
of technology related enterprises.
(8) If the United States cannot meet the needs of industry
to allow continued expansion and innovation in the 21st
century, American companies will locate in those countries
which do have the technical base to meet those needs and this
will be counterproductive to the American economy.
(9) Section 8 of Article I of the Constitution grants
Congress the power ``To regulate Commerce with foreign nations
and among the several States.''.
(10) In order to maintain a strong domestic economy and
provide for the national defense, it is critical that the
United States maintain its leadership position in technology.
(b) Purpose.--It is the purpose of this Act to provide incentives
and opportunities for the United States' improving the mathematics,
science, engineering, and technology resources in order to maintain the
United States leadership in technology, and to permit United States
companies to continue the technology-related expansion of the United
States' domestic economy and international economic presence.
SEC. 3. PROGRAM ESTABLISHED.
(a) In General.--The Secretary of Commerce, in consultation with
the Director of the Office of Science Technology and the Director of
the National Science Foundation, shall establish and administer a
program under this Act to strengthen the scientific, mathematical,
engineering, and technology resources of the United States in order to
ensure the United States continued global leadership in technology-
related commerce.
(b) Grants.--The program shall include grants of financial
assistance, awarded on a competitive basis, to support the advancement
and improvement of mathematics, science, engineering, and technology
competencies and resources to assure continued growth, leadership, and
competitiveness of United States based companies in interstate and
international commerce.
(c) Recipients.--The Secretary may award grants under subsection
(b) to business enterprises, organizations supporting mathematics,
scientific, engineering, technology research and advancement, teachers,
schools, school districts, or institutions of higher learning.
(d) Criteria.--The Secretary shall award grants for programs that
can demonstrate an economically beneficial return on investment and
achievement in the advancement of science, math, engineering, and
technology competencies and resources.
SEC. 4. TEMPORARY SKILLED PERSONNEL IN MATHEMATICS, SCIENCE,
ENGINEERING, AND TECHNOLOGY.
(a) In General.--Notwithstanding clauses (iii), (iv), and (v) of
section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(A)), the total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during fiscal years 2000 through
2006 under section 101(a)(15)(H)(i)(b) of that Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) shall not be subject to numerical limitation, and
shall be subject to numerical limitations after 2006 as provided by
law.
(b) Certain Applications Given Preference.--In processing
applications for visas or other nonimmigrant status under the
Immigration and Nationality Act, as modified by subsection (a), the
Secretary of State shall give preferential consideration to
applications from foreign national students who are graduates of post-
secondary schools in the United States with advanced degrees in
mathematics, science, engineering, or technology.
(c) Funding for Grants.--
(1) In general.--Notwithstanding section 286(s) of such Act
(8 U.S.C. 1356(s)), for fiscal years 2000 through 2006 51.3
percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account established by paragraph (1) of that section
shall be available to the Secretary of Commerce until expended
under section 3 of this Act.
(2) Job training.--For fiscal years 2000 through 2006,
section 286(s)(2) of such Act (8 U.S.C. 1356(s)(2)) shall be
applied by substituting ``5 percent'' for ``56.3 percent''.
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Prohibits subjecting to a numerical limitation during FY 2000 through 2006 the total number of aliens who are skilled in those areas who may be issued work visas or otherwise provided nonimmigrant status. Directs the Secretary of State, in processing such visas, to give preferential consideration to applications from foreign national students who are graduates of post-secondary schools in the United States with advanced degrees in such fields.
Provides grant funding.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Provisional Ballot Fairness in
Counting Act of 2007''.
SEC. 2. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT
INCORRECT POLLING PLACES.
Section 302(a)(4) of the Help America Vote Act of 2002 (42 U.S.C.
15482(a)(4)) is amended to read as follows:
``(4) The provisional ballot of an individual who is a
registered voter in a jurisdiction in a State and who is
eligible to vote in an election for Federal office in the State
shall be counted as a vote in such an election if the
appropriate State or local election official to whom the ballot
or voter information is transmitted under paragraph (3)--
``(A) in the case of an election for electors for
President or for the office of a Senator, determines
that the individual is registered to vote in the State
in which the provisional ballot is cast; and
``(B) in the case of an election for the office of
a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress),
determines that the individual is registered to vote in
the Congressional district in which the provisional
ballot is cast.''.
SEC. 3. MINIMUM CONTENTS OF PROVISIONAL BALLOTS.
Section 302(a)(1) of the Help America Vote Act of 2002 (42 U.S.C.
15482(a)(1)) is amended by adding at the end the following new
sentence: ``The provisional ballot shall include (at a minimum) all
information required for the individual to cast a vote in each election
for Federal office held at the polling place.''.
SEC. 4. TREATMENT OF VOTERS WHO VOTE AFTER CLOSING OF POLLING PLACES.
Section 302(c) of the Help America Vote Act of 2002 (42 U.S.C.
15482(c)) is amended to read as follows:
``(c) Equal Treatment of Voters Who Vote After the Polls Close.--
Any individual who votes in an election for Federal office as a result
of a Federal or State court order or any other order extending the time
established for closing the polls by a State law in effect 10 days
before the date of that election shall cast the individual's ballot for
the election in the same manner, and under the same terms and
conditions, as any individual who votes in the election during the
regular hours for the operation of polling places in the State,
including the terms and conditions applicable to individuals permitted
to cast provisional ballots under this section.''.
SEC. 5. TREATMENT OF BALLOTS AFTER CASTING.
(a) Responsibility of Election Official To Notify Individual of
Determination of Eligibility of Ballot.--
(1) In general.--Section 302(a)(5) of the Help America Vote
Act of 2002 (42 U.S.C. 15482(a)(5)) is amended to read as
follows:
``(5)(A) Not later than 24 hours after determining whether
or not the vote of an individual who casts a provisional ballot
in an election will be counted in that election under this Act,
the appropriate State or local election official shall notify
the individual of the determination and (if the determination
is made that the vote will not be counted) the reasons for the
determination and the individual's right to challenge the
determination under the procedures established under
subparagraph (B).
``(B) Each State shall establish procedures, including a
free access system (such as a toll-free telephone number or an
Internet website), under which an individual who casts a
provisional ballot in an election and who is notified by the
appropriate State or local election official that the
provisional ballot cast by the individual will not be counted
as a vote in the election may challenge the determination prior
to the final tabulation of ballots in the election.
``(C) In carrying out subparagraph (B), each State shall
ensure that, in each jurisdiction of the State, an appropriate
State or local election official operates open office hours for
at least 8 hours on the day after the date of the election or
the day after the date upon which determinations are made under
subparagraph (A), during which a voter who cast a provisional
ballot in the election may contact the official and challenge
the determination under the procedures established under
subparagraph (B).''.
(2) Conforming amendment.--Section 302(a) of such Act (42
U.S.C. 15482(a)) is amended in the matter following paragraph
(5) by striking ``The appropriate State or local official'' and
all that follows through ``paragraph (5)(B).''.
(b) Prohibiting Initiation of Recount or Certification of Results
Prior to Review of Provisional Ballots Cast; Standards for
Determination of Acceptance of Provisional Ballots.--Section 302(a) of
such Act (42 U.S.C. 15482(a)) is amended by inserting after paragraph
(5) the following new paragraphs:
``(6) The chief State election official may not make any
determination regarding the applicability of any requirement
under State law to conduct a recount of the results of any
election for Federal office in the State, or certify the
results of any election for Federal office in the State, until
all of the votes cast by provisional ballot cast in the
election which are to be counted pursuant to this Act have been
counted.
``(7) In making a determination as to whether a vote cast
by an individual by provisional ballot will be counted in an
election, the chief State election official shall review not
only the official Statewide list of registered voters but any
other information which was submitted by the individual in the
process of applying to register to vote.''.
(c) Treatment of Rejected Provisional Ballot as Application for
Voter Registration.--Section 302(a) of such Act (42 U.S.C. 15482(a)),
as amended by subsection (b), is amended by inserting after paragraph
(7) the following new paragraph:
``(8) If a provisional ballot cast by an individual in an
election for Federal office is rejected on the ground that the
individual is not registered to vote in the election, the
ballot shall be treated (for purposes of this Act, the National
Voter Registration Act of 1993, and applicable State law) as an
application by the individual for voter registration in the
appropriate registrar's jurisdiction, under the same terms and
conditions applicable to applications for voter registration
under this Act, including section 303(b)(4) (relating to the
treatment of incomplete forms).''.
SEC. 6. EFFECTIVE DATE.
Section 302(d) of the Help America Vote Act of 2002 (42 U.S.C.
15482(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2004.
``(2) Delayed effective date for certain provisions.--To
the extent that any provision of this section was amended by
the Provisional Ballot Fairness in Counting Act of 2007, such
provision shall apply with respect to the regularly scheduled
general election for Federal office held in November 2008 and
each succeeding election for Federal office.''.
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Provisional Ballot Fairness in Counting Act of 2007 - Amends the Help America Vote Act of 2002 to revise requirements for the treatment of provisional ballots in federal elections.
Prohibits any election recount until all provisional votes have been counted. Requires the chief state election official, in determining whether to count a provisional vote, to review not only official registered voter lists but also any information an individual voter submitted during the registration process.
Requires a provisional ballot in a federal election to be treated as a voter registration application if it is rejected on the ground that the individual is not registered to vote in the election.
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billsum_train
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Psychiatric Hospital
Prospective Payment System Act of 1999''.
SEC. 2. MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES.
(a) Establishment of Prospective Payment System.--Section 1886 of
the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the
end the following:
``(l) Prospective Payment System for Inpatient Psychiatric
Services.--
``(1) Amount of payment.--
``(A) During transition period.--Notwithstanding
section 1814(b), but subject to the provisions of
section 1813, the amount of payment with respect to the
operating and capital-related costs of inpatient
hospital services of a psychiatric facility (as defined
in paragraph (7)(C)) for each day of services furnished
in a cost reporting period beginning on or after
October 1, 2000, and before October 1, 2003, is equal
to the sum of--
``(i) the TEFRA percentage (as defined in
paragraph (7)(D)) of the facility-specific per
diem rate (determined under paragraph (2)); and
``(ii) the PPS percentage (as defined in
paragraph (7)(B)) of the applicable Federal per
diem rate (determined under paragraph (3)).
``(B) Under fully implemented system.--
Notwithstanding section 1814(b), but subject to the
provisions of section 1813, the amount of payment with
respect to the operating and capital-related costs of
inpatient hospital services of a psychiatric facility
for each day of services furnished in a cost reporting
period beginning on or after October 1, 2003, is equal
to the applicable Federal per diem rate determined
under paragraph (3) for the facility for the fiscal
year in which the day of services occurs.
``(C) New facilities.--In the case of a psychiatric
facility that does not have a base fiscal year (as
defined in paragraph (7)(A)), payment for the operating
and capital-related costs of inpatient hospital
services shall be made under this subsection using the
applicable Federal per diem rate.
``(2) Determination of facility-specific per diem rates.--
``(A) Base year.--The Secretary shall determine, on
a per diem basis, the allowable operating and capital-
related costs of inpatient hospital services for each
psychiatric facility for its cost reporting period (if
any) beginning in the base fiscal year (as defined in
paragraph (7)(A)), such costs determined as if
subsection (b)(8) did not apply.
``(B) Updating.--The Secretary shall update the
amount determined under subparagraph (A) for each cost
reporting period after the cost reporting period
beginning in the base fiscal year and before October 1,
2003, by a factor equal to the market basket percentage
increase (as defined in subsection (b)(3)(B)(iii)).
``(3) Determination of federal per diem rate.--
``(A) Base year.--The Secretary shall determine, on
a per diem basis, the allowable operating and capital-
related costs of inpatient hospital services for each
psychiatric facility for its cost reporting period (if
any) beginning in the base fiscal year (as defined in
paragraph (7)(A)), such costs determined as if
subsection (b)(8) did not apply.
``(B) Updating to first fiscal year.--The Secretary
shall update the amount determined under subparagraph
(A) for each cost reporting period up to the first cost
reporting period to which this subsection applies by a
factor equal to the market basket percentage increase
(as defined in subsection (b)(3)(B)(iii)).
``(C) Computation of standardized per diem rate.--
The Secretary shall standardize the amount determined
under subparagraph (B) for each facility by--
``(i) adjusting for variations among
facilities by area in the average facility wage
level per diem; and
``(ii) adjusting for variations in case mix
per diem among facilities (based on the patient
classification system established by the
Secretary under paragraph (4)).
``(D) Computation of weighted average per diem
rates.--
``(i) Separate rates for urban and rural
areas.--Based on the standardized amounts
determined under subparagraph (C) for each
facility, the Secretary shall compute a
separate weighted average per diem rate--
``(I) for all psychiatric
facilities located in an urban area (as
defined in subsection (d)(2)(D)); and
``(II) for all psychiatric
facilities located in a rural area (as
defined in subsection (d)(2)(D)).
``(ii) For hospitals and units.--In the
areas referred to in clause (i), the Secretary
may compute a separate weighted average per
diem rate for--
``(I) psychiatric hospitals; and
``(II) psychiatric units described
in the matter following clause (v) of
subsection (d)(1)(B).
If the Secretary establishes separate average
weighted per diem rates under this clause, the
Secretary shall also establish separate average
per diem rates for psychiatric facilities in
such categories that are owned and operated by
an agency or instrumentality of Federal, State,
or local government and for psychiatric
facilities other than such facilities.
``(iii) Weighted average.--In computing the
weighted averages under clauses (i) and (ii),
the standardized per diem amount for each
facility shall be weighted for each facility by
the number of days of inpatient hospital
services furnished during its cost reporting
period beginning in the base fiscal year.
``(E) Updating.--The weighted average per diem
rates determined under subparagraph (D) shall be
updated for each fiscal year after the first fiscal
year to which this subsection applies by a factor equal
to the market basket percentage increase (as defined in
subsection (b)(3)(B)(iii)).
``(F) Determination of Federal per diem rate.--
``(i) In general.--The Secretary shall
compute for each psychiatric facility for each
fiscal year (beginning with fiscal year 2001) a
Federal per diem rate equal to the applicable
weighted average per diem rate determined under
subparagraph (E), adjusted for--
``(I) variations among facilities
by area in the average facility wage
level per diem;
``(II) variations in case mix per
diem among facilities (based on the
patient classification system
established by the Secretary under
paragraph (4)); and
``(III) variations among facilities
in the proportion of low-income
patients served by the facility.
``(ii) Other adjustments.--In computing
Federal per diem rates under this subparagraph,
the Secretary may adjust for outlier cases, the
indirect costs of medical education, and such
other factors as the Secretary determines to be
appropriate.
``(iii) Budget neutrality.--The adjustments
specified in clauses (i)(I), (i)(III), and (ii)
shall be implemented in a manner that does not
result in aggregate payments under this
subsection that are greater or less than those
aggregate payments that otherwise would have
been made if such adjustments did not apply.
``(4) Establishment of patient classification system.--
``(A) In general.--The Secretary shall establish--
``(i) classes of patients of psychiatric
facilities (in this paragraph referred to as
`case mix groups'), based on such factors as
the Secretary determines to be appropriate; and
``(ii) a method of classifying specific
patients in psychiatric facilities within these
groups.
``(B) Weighting factors.--For each case mix group,
the Secretary shall assign an appropriate weighting
factor that reflects the relative facility resources
used with respect to patients classified within that
group compared to patients classified within other such
groups.
``(5) Data collection; utilization monitoring.--
``(A) Data collection.--The Secretary may require
psychiatric facilities to submit such data as is
necessary to implement the system established under
this subsection.
``(B) Utilization monitoring.--The Secretary shall
monitor changes in the utilization of inpatient
hospital services furnished by psychiatric facilities
under the system established under this subsection and
report to the appropriate committees of Congress on
such changes, together with recommendations
for legislation (if any) that is needed to address unwarranted changes
in such utilization.
``(6) Special adjustments.--Notwithstanding the preceding
provisions of this subsection, the Secretary shall reduce
aggregate payment amounts that would otherwise be payable under
this subsection for inpatient hospital services furnished by a
psychiatric facility during cost reporting periods beginning in
fiscal years 2001 and 2002 by such uniform percentage as is
necessary to assure that payments under this subsection for
such cost reporting periods are reduced by an amount that is
equal to the sum of--
``(A) the aggregate increase in payments under this
title during fiscal years 1999 and 2000, that is
attributable to the operation of subsection (b)(8); and
``(B) the aggregate increase in payments under this
title during fiscal years 2001 and 2002 that is
attributable to the application of the market basket
percentage increase under paragraphs (2)(B) and (3)(E)
of this subsection in lieu of the provisions of
subclauses (VI) and (VII) of subsection (b)(3)(B)(ii).
Reductions under this paragraph shall not affect
computation of the amounts payable under this
subsection for cost reporting periods beginning in
fiscal years after fiscal year 2002.
``(7) Definitions.--For purposes of this subsection:
``(A) The term `base fiscal year' means, with
respect to a hospital, the most recent fiscal year
ending before the date of enactment of this subsection
for which audited cost report data are available.
``(B) The term `PPS percentage' means--
``(i) with respect to cost reporting
periods beginning on or after October 1, 2000,
and before October 1, 2001, 25 percent;
``(ii) with respect to cost reporting
periods beginning on or after October 1, 2001,
and before October 1, 2002, 50 percent; and
``(iii) with respect to cost reporting
periods beginning on or after October 1, 2002,
and before October 1, 2003, 75 percent.
``(C) The term `psychiatric facility' means--
``(i) a psychiatric hospital; and
``(ii) a psychiatric unit described in the
matter following clause (v) of subsection
(d)(1)(B).
``(D) The term `TEFRA percentage' means--
``(i) with respect to cost reporting
periods beginning on or after October 1, 2000,
and before October 1, 2001, 75 percent;
``(ii) with respect to cost reporting
periods beginning on or after October 1, 2001,
and before October 1, 2002, 50 percent; and
``(iii) with respect to cost reporting
periods beginning on or after October 1, 2002,
and before October 1, 2003, 25 percent.''.
(b) Limit on Reductions Under Balanced Budget Act.--Section 1886(b)
of the Social Security Act (42 U.S.C. 1395ww(b)) is amended by adding
at the end the following:
``(8) Notwithstanding the amendments made by sections 4411,
4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the
case of a psychiatric facility (as described in subsection
(l)(7(C)(ii)), the amount of payment for the operating costs of
inpatient hospital services for cost reporting periods
beginning on or after October 1, 1998, and before October 1,
2000, shall not be less than 95 percent of the amount that
would have been paid for such costs if such amendments did not
apply.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply as if included in the enactment of the Balanced Budget Act
of 1997.
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Provides that the amendments made by this Act shall apply as if included in the enactment of BBA '97.
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billsum_train
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Bombing Prevention Act of
2008''.
SEC. 2. BOMBING PREVENTION.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following new section:
``SEC. 210F. OFFICE FOR BOMBING PREVENTION.
``(a) In General.--The Secretary shall establish within the
Protective Security Coordination Division of the Office of
Infrastructure Protection of the Department an Office for Bombing
Prevention (in this section referred to as `the Office').
``(b) Responsibilities.--The Office shall have the primary
responsibility for enhancing the ability, and coordinating the efforts,
of the United States to deter, detect, prevent, protect against, and
respond to terrorist explosive attacks in the United States, including
by--
``(1) serving as the lead agency of the Department for
ensuring that programs designed to counter terrorist explosive
attacks in the United States function together efficiently to
meet the evolving threat from explosives and improvised
explosive devices;
``(2) coordinating national and intergovernmental bombing
prevention activities to ensure those activities work toward
achieving common national goals;
``(3) conducting analysis of the capabilities and
requirements necessary for Federal, State, local, and tribal
governments to deter, prevent, detect, protect against, and
assist in any response to terrorist explosive attacks in the
United States by--
``(A) maintaining a national analysis database on
the capabilities of bomb squads, explosive detection
canine teams, tactics teams, and public safety dive
teams; and
``(B) applying the analysis derived from the
database described in subparagraph (A) in--
``(i) evaluating progress toward closing
identified gaps relating to national strategic
goals and standards; and
``(ii) informing decisions relating to
homeland security policy, assistance, training,
research, development efforts, testing and
evaluation, and related requirements;
``(4) promoting secure information sharing of sensitive
material and promoting security awareness, including by--
``(A) operating and maintaining a secure
information sharing system that allows the sharing of
critical information relating to terrorist explosive
attack tactics, techniques, and procedures;
``(B) educating the public and private sectors
about explosive precursor chemicals;
``(C) working with international partners, in
coordination with the Office for International Affairs
of the Department, to develop and share effective
practices to deter, prevent, detect, protect, and
respond to terrorist explosive attacks in the United
States; and
``(D) executing national public awareness and
vigilance campaigns relating to terrorist explosive
threats, preventing explosive attacks, and activities
and measures underway to safeguard the United States;
``(5) assisting State, local, and tribal governments in
developing multi-jurisdictional improvised explosive devices
security plans for high-risk jurisdictions;
``(6) helping to ensure, in coordination with the Under
Secretary for Science and Technology and the Administrator of
the Federal Emergency Management Agency, the identification and
availability of effective technology applications through field
pilot testing and acquisition of such technology applications
by Federal, State, local, and tribal governments to deter,
prevent, detect, protect, and respond to terrorist explosive
attacks in the United States;
``(7) coordinating the efforts of the Department relating
to, and assisting departments and agencies of Federal, State,
local, and tribal governments, and private sector business in,
developing and implementing national explosives detection
training, certification, and performance standards;
``(8) ensuring the implementation of any recommendations in
the national strategy required under section 210G, including
developing, maintaining, and tracking progress toward achieving
objectives to reduce the vulnerability of the United States to
terrorist explosive attacks;
``(9) developing, in coordination with the Administrator of
the Federal Emergency Management Agency, programmatic guidance
and permitted uses for bombing prevention activities funded by
homeland security assistance administered by the Department;
and
``(10) establishing and executing a public awareness
campaign to inform the general public and private sector
businesses on ways they can deter, detect, prevent, protect
against, and respond to terrorist explosive attacks in the
United States, that--
``(A) utilizes a broad spectrum of both mainstream
and specialty print, radio, television outlets, and the
Internet;
``(B) utilizes small and disadvantaged businesses,
as defined under the Small Business Act (15 U.S.C. 631
et seq.); and
``(C) ensures that the public awareness messages
under the campaign reach and are understandable to
underserved populations, including--
``(i) persons with physical and mental
disabilities, health problems, visual
impairments, hearing impairments, limited
English proficiency, and literacy barriers;
``(ii) socially and economically
disadvantaged households and communities;
``(iii) the elderly; and
``(iv) children.
``(c) Limitation on Statutory Construction.--Nothing in this
section shall be construed to affect the authority of the Administrator
of the Federal Emergency Management Agency, or the Attorney General of
the United States.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $10,000,000 for fiscal year 2009;
``(B) $25,000,000 for each of fiscal years 2010
through 2012; and
``(C) such sums as may be necessary for each
subsequent fiscal year.
``(2) Availability.--Amounts made available pursuant to
paragraph (1) are authorized to remain available until
expended.
``(e) Enhancement of Explosives Detection Canine Resources and
Capabilities.--To enhance the Nation's explosives detection canine
resources and capabilities the Secretary of Homeland Security shall, by
partnering with other Federal, State, local, and tribal agencies,
nonprofit organizations, universities including historically black
colleges and universities and minority serving institutions, and the
private sector--
``(1) within 270 days after the date of the enactment of
this subsection--
``(A) develop a pilot program that includes a
domestic breeding program for purpose-bred explosives
detection canines; and
``(B) increase the current number of capability
assessments of explosives detection canine units to
identify common challenges and gaps in canine
explosives detection, to provide for effective domestic
preparedness and collective response to terrorism, and
to inform grant guidance and priorities, consistent
with national capabilities database efforts;
``(2) continue development of a scientifically-based
training curriculum to enhance consensus-based national
training and certification standards to provide for effective
domestic preparedness and collective response to terrorism
through the effective use of explosives detection canines for
explosives detection canines; and
``(3) continue engagement in explosives detection canine
research and development activities through partnerships with
the Science and Technology Directorate and the Technical
Support Working Group.
``SEC. 210G. NATIONAL STRATEGY.
``(a) In General.--The Secretary shall develop and periodically
update a national strategy to prevent and prepare for terrorist
explosive attacks in the United States.
``(b) Development.--Not later than 90 days after the date of the
enactment of this section, the Secretary shall develop the national
strategy required under subsection (a).
``(c) Reporting.--Not later than six months after the date of the
submission of the report regarding each quadrennial homeland security
review conducted under section 707, the Secretary 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 regarding the national strategy required under subsection (a),
which shall include recommendations, if any, for deterring, preventing,
detecting, protecting against, and responding to terrorist attacks in
the United States using explosives or improvised explosive devices,
including any such recommendations relating to coordinating the efforts
of Federal, State, local, and tribal governments, emergency response
providers, and the private sector.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 210E
the following new items:
``Sec. 210F. Office for Bombing Prevention.
``Sec. 210G. National strategy.''.
SEC. 3. EXPLOSIVES TECHNOLOGY DEVELOPMENT AND TRANSFER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
sections:
``SEC. 318. EXPLOSIVES RESEARCH AND DEVELOPMENT.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with the
Under Secretary for National Protection and Programs, the Attorney
General, the Secretary of Defense, and the head of any other relevant
Federal department or agency, shall ensure coordination and information
sharing regarding nonmilitary research, development, testing, and
evaluation activities of the Federal Government relating to the
detection and prevention of, protection against, and response to
terrorist attacks in the United States using explosives or improvised
explosive devices, and the development of tools and technologies
necessary to neutralize and disable explosive devices.
``(b) Leveraging Military Research.--The Secretary, acting through
the Under Secretary for Science and Technology, and in coordination
with the Under Secretary for National Protection and Programs, shall
coordinate with the Secretary of Defense and the head of any other
relevant Federal department or agency to ensure that, to the maximum
extent possible, military policies and procedures, and research,
development, testing, and evaluation activities relating to the
detection and prevention of, protection against, and response to
terrorist attacks using explosives or improvised explosive devices, and
the development of tools and technologies necessary to neutralize and
disable explosive devices, are adapted to nonmilitary uses.
``SEC. 319. TECHNOLOGY TRANSFER.
``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, and in coordination with the
Under Secretary for National Protection and Programs, shall establish a
technology transfer program to facilitate the identification,
modification, and commercialization of technology and equipment for use
by Federal, State, and local governmental agencies, emergency response
providers, and the private sector to deter, prevent, detect, protect,
and respond to terrorist attacks in the United States using explosives
or improvised explosive devices.
``(b) Program.--The activities under the program established under
subsection (a) shall include--
``(1) applying the analysis conducted under section
210F(b)(3) of the capabilities and requirements of bomb squad,
explosive detection canine teams, tactical teams, and public
safety dive teams of Federal, State, and local governments, to
determine the training and technology requirements for Federal,
State, and local governments, emergency response providers, and
the private sector;
``(2) identifying available technologies designed to deter,
prevent, detect, protect, or respond to terrorist attacks using
explosives or improvised explosive devices that have been, or
are in the process of being, developed, tested, evaluated, or
demonstrated by the Department, other Federal agencies, the
private sector, foreign governments, or international
organizations;
``(3) reviewing whether a technology described in paragraph
(2) may be useful in assisting Federal, State, or local
governments, emergency response providers, or the private
sector in detecting, deterring, preventing, or responding to
terrorist attacks using explosives or improvised explosive
devices; and
``(4) communicating to Federal, State, and local
governments, emergency response providers, and the private
sector the availability of any technology described in
paragraph (2), including providing the specifications of any
such technology, indicating whether any such technology
satisfies appropriate standards, and identifying grants, if
any, available from the Department to purchase any such
technology.
``(c) Working Group.--To facilitate the transfer of military
technologies, the Secretary, acting through the Under Secretary for
Science and Technology, in coordination with the Secretary of Defense,
and in a manner consistent with protection of sensitive sources and
methods, shall establish a working group to advise and assist in the
identification of military technologies designed to deter, prevent,
detect, protect, or respond to terrorist explosive attacks that are in
the process of being developed, or are developed, by the Department of
Defense or the private sector.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 317
the following new items:
``Sec. 318. Explosives research and development.
``Sec. 319. Technology transfer.''.
SEC. 4. GAO STUDY OF EXPLOSIVES DETECTION CANINE TEAMS.
Section 1307(f) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 121 Stat. 395) is amended by
striking ``utilization'' and all that follows through the end of the
sentence and inserting ``utilization of explosives detection canine
teams, by the Transportation Security Administration and all other
agencies of the Department of Homeland Security that utilize explosives
detection canines, to strengthen security and the capacity of explosive
detection canine detection teams of the Department.''.
SEC. 5. REPORT ON CANINE PROCUREMENT ACTIVITIES.
The Secretary of Homeland Security shall submit a report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate
by not later than 180 days after the date of the enactment of this Act
examining the administration of canine procurement activities by the
Department of Homeland Security to deter, prevent, detect, and protect
against terrorist explosive attacks in the United States, that includes
consideration of the feasibility of reducing the price paid for the
procurement of untrained canines, including by utilizing an expanded
pool of breeds, procuring canines from domestic breeders, and acquiring
canines from animal shelters, rescue societies, and other not-for-
profit entities.
Passed the House of Representatives June 18, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
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National Bombing Prevention Act of 2008 - (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish within the Department of Homeland Security's (DHS) Protective Security Coordination Division of the Office of Infrastructure Protection an Office for Bombing Prevention to enhance and coordinate U.S. efforts to deter, detect, prevent, protect against, and respond to terrorist explosive attacks in the United States.
Directs the Office to: (1) serve as the lead agency of DHS for ensuring that programs designed to counter terrorist explosive attacks function together efficiently to meet the evolving threat from explosives and improvised explosive devices (IEDs); (2) promote secure information sharing of sensitive material and security awareness; (3) assist state, local, and tribal governments in developing multijurisdictional IED security plans for high risk jurisdictions; and (4) establish and execute a public awareness campaign to inform the general public and private sector businesses on ways they can deter, detect, prevent, protect against, and respond to terrorist explosive attacks.
Authorizes appropriations.
Directs the Secretary to partner with other federal, state, local, and tribal agencies, nonprofit organizations, universities, and the private sector to: (1) develop a pilot program that includes a domestic breeding program for explosives detection canines; (2) increase the number of capability assessments of explosives detection canine units; (3) continue development of a scientifically-based training curriculum to enhance consensus-based national training and certification standards to provide for the effective use of explosives detection canines; and (4) continue engagement in explosives detection canine research and development activities through partnerships with the Science and Technology Directorate and the Technical Support Working Group.
Directs the Secretary to develop, periodically update, and report to Congress on a national strategy to prevent and prepare for terrorist explosive attacks in the United States.
(Sec. 3) Directs the Secretary, acting through the Under Secretary for Science and Technology, to: (1) ensure coordination and information sharing regarding nonmilitary research, development, testing, and evaluation activities relating to the detection and prevention of, protection against, and response to terrorist attacks using explosives or IEDs and the development of tools and technologies to neutralize and disable explosive devices; (2) coordinate with the Secretary of Defense and other federal department heads to ensure that military policies, procedures, activities, tools, and technologies to prevent and respond to terrorist attacks are adapted to nonmilitary uses; (3) establish a technology transfer program to facilitate the identification, modification, and commercialization of technology and equipment for use by governmental agencies, emergency response providers, and the private sector against such attacks; and (4) establish a working group to advise and assist in the identification of military technologies developed by the Department of Defense (DOD) or the private sector to protect against and respond to explosive attacks.
(Sec. 4) Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to direct the Comptroller General to utilize explosives detection canine teams of TSA and other DHS agencies to strengthen security and capacity.
(Sec. 5) Directs the Secretary to submit a report to specified congressional committees on the administration of canine procurement activities by DHS to deter, prevent, detect, and protect against terrorist explosive attacks in the United States that includes consideration of the feasibility of reducing the price paid for the procurement of untrained canines, including by utilizing an expanded pool of breeds, procuring canines from domestic breeders, and acquiring canines from animal shelters, rescue societies, and other not-for-profit entities.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Empowerment Act''.
SEC. 2. AMENDMENTS.
(a) In General.--Part III of title 5, United States Code, is
amended by inserting after chapter 79 the following:
``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC
``Sec.
``7921. Procedures for in-person and telephonic interactions conducted
by executive branch employees.
``Sec. 7921. Procedures for in-person and telephonic interactions
conducted by executive branch employees
``(a) Definitions.--For purposes of this section--
``(1) the term `covered interaction' means an in-person or
telephonic interview, audit, investigation, inspection, or
other official interaction between an employee of an Executive
agency and another individual relating to a possible or alleged
violation of any Federal statute or regulation that could
result in the imposition of a fine, forfeiture of property,
civil monetary penalty, or criminal penalty against, or the
collection of an unpaid tax, fine, or penalty from, the
individual or a business owned or operated by the individual;
``(2) the term `State' means each of the several States,
the District of Columbia, and any commonwealth, territory, or
possession of the United States; and
``(3) the term `telephonic' means by telephone or other
similar electronic device.
``(b) Recording of Enforcement Actions.--
``(1) Recording by individuals.--Any employee of an
Executive agency who is conducting a covered interaction with
an individual shall allow the individual to make an audio
recording of the covered interaction at the individual's own
expense and with the individual's own equipment.
``(2) Recording by federal employees.--Any employee of an
Executive agency that is conducting a covered interaction may
record that interaction if the employee--
``(A) informs the individual of the recording prior
to or at the initiation of the interaction; and
``(B) upon request of the individual, provides the
individual with a transcript or copy of the recording,
but only if the individual provides reimbursement for
the cost of the transcription and reproduction of the
transcript or copy.
``(c) Explanations of Rights.--
``(1) In general.--Any employee of an Executive agency
shall, before or at an initial covered interaction, provide to
the individual a verbal or written notice of the individual's
rights under this section.
``(2) Separate notifications for separate violations.--
Paragraph (1) shall not, for purposes of any covered
interaction, be considered satisfied based on a notification
previously given if that previous notification was given in the
case of a possible or alleged violation separate from the
possible or alleged violation at hand.
``(d) Application to Official Representative or Those Holding Power
of Attorney.--Any person who is permitted to represent, before an
Executive agency described in subsection (b)(1), an individual
permitted to make an audio recording under that subsection of a covered
interaction conducted by an employee of that Executive agency--
``(1) shall be permitted--
``(A) to make an audio recording under subsection
(b)(1) as if the person were the individual; and
``(B) to receive a transcript or copy of an audio
recording under subsection (b)(2) as if the person were
the individual;
``(2) shall receive the same notice as that which is
required to be provided to the individual under subsection (c);
and
``(3) with respect to an audio recording (as referred to in
paragraph (1)(A)) and a transcript or copy of a recording (as
referred to in paragraph (1)(B)), shall have the same rights as
described in subsection (e).
``(e) Property of Audio Recording.--Any audio recording or
transcript of an audio recording made by an individual under subsection
(b)(1) or provided to an individual under subsection (b)(2)(B) shall be
the property of the individual.
``(f) No Cause of Action.--This section does not create any express
or implied private right of action.
``(g) Exceptions.--
``(1) Classified information, public safety, criminal
investigation.--This section shall not apply to any covered
interaction that is likely to include the discussion of--
``(A) classified material;
``(B) information that, if released publicly, would
endanger public safety; or
``(C) information that, if released publicly, would
endanger an ongoing criminal investigation conducted by
a Federal law enforcement officer (as defined in
section 2 of the Law Enforcement Congressional Badge of
Bravery Act of 2008 (42 U.S.C. 15231)) who is employed
by a Federal law enforcement agency.
``(2) Determination by employees.--An employee of an
Executive agency who determines that an exception under
paragraph (1) applies to a covered interaction or series of
covered interactions shall provide written notification of the
determination to any person who would otherwise be permitted to
make an audio recording of the interaction or interactions
under subsection (b)(1) or (d).
``(h) Prior Law.--For the purposes set forth in paragraphs (1) and
(2) of subsection (b), this section supersedes section 2511(2)(d) of
title 18 and any provision of Federal or State law insofar as such
section or provision relates to the recording of an interaction that is
a covered interaction.
``(i) Disciplinary Action.--An employee of an Executive agency who
violates this section shall be subject to appropriate disciplinary
action in accordance with otherwise applicable provisions of law.''.
(b) Clerical Amendment.--The analysis for part III of title 5,
United States Code, is amended by inserting after the item relating to
chapter 79 the following:
``79A. Services to members of the public.................... 7921''.
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Citizen Empowerment Act Requires any executive agency employee who is conducting a covered interaction with an individual to allow the individual to make an audio recording of such interaction at the individual's expense and with the individual's equipment. Defines "covered interaction" as an in-person or telephonic official interaction relating to a possible violation of a federal statute or regulation that could result in the imposition of a fine or penalty against, the forfeiture of property by, or the collection of an unpaid tax, fine, or penalty from, the individual or a business owned or operated by the individual. Permits the employee conducting a covered interaction to record it if the employee: (1) informs the individual prior to or at the initiation of the interaction, and (2) provides the individual with a transcript or copy of the recording upon request and with the individual's reimbursement. Requires the employee, before or at an initial covered interaction, to provide to the individual a verbal or written notice of such individual's rights under this Act. Exempts any such interaction that is likely to include the discussion of: (1) classified material; or (2) information that, if released publicly, would endanger public safety or an ongoing criminal investigation. Subjects any executive agency employee who violates this Act to disciplinary action.
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Create a condensed overview of the following text: SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF ROLLER
CHAIN.
(a) Liquidation or Reliquidation of Entries.--Notwithstanding
sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and
1520) or any other provision of law, the Bureau of Customs and Border
Protection shall, not later than 90 days after the date of enactment of
this Act, liquidate or reliquidate the entries listed in subsection (b)
without assessment of antidumping duties or interest and shall refund
any antidumping duties or interest which were previously paid.
(b) Affected Entries.--The entries referred to in subsections (a)
and (b) are the following:
Entry number Date of entry Port
000002975 08/21/85 Chicago
000008147 01/28/86 Chicago
000005499 03/14/86 Chicago
000000922 07/31/85 Chicago
000005499 03/14/86 Chicago
000008147 01/28/86 Chicago
000002975 08/21/85 Chicago
000000922 07/31/85 Chicago
000008353 06/18/84 Chicago
000008324 01/04/85 Chicago
000004302 11/08/84 Chicago
000005107 11/19/84 Chicago
000000150 07/18/84 Chicago
000002877 05/09/84 Chicago
000008386 03/21/83 Chicago
000007691 02/07/83 Chicago
000007701 02/07/83 Chicago
000005834 01/13/82 Chicago
000006309 01/18/82 Chicago
000000081 02/12/82 Chicago
000000052 02/17/82 Chicago
000006768 04/13/82 Chicago
000009569 06/18/82 Chicago
000005114 10/06/82 Chicago
000007088 10/14/81 Chicago
000004777 05/19/83 Chicago
000005240 11/28/83 Chicago
000007606 08/18/83 Chicago
000005132 06/08/83 Chicago
000006100 12/22/83 Chicago
000004034 11/02/83 Chicago
000008090 09/07/83 Chicago
000006762 08/05/83 Chicago
000005569 06/22/83 Chicago
000008991 04/12/83 Chicago
000009222 10/03/83 Chicago
000006414 12/29/83 Chicago
000008014 01/31/84 Chicago
000009204 07/03/86 Chicago
000000813 08/14/86 Chicago
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Directs the Bureau of Customs and Border Protection to liquidate or reliquidate certain entries of roller chain and refund any amounts owed.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Future of American Innovation and
Research Act of 2013'' or the ``FAIR Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered trade secret'' means a trade secret
that is related to or included in a product or service that is
used in or reasonably anticipated to be used in interstate or
foreign commerce;
(2) the term ``improper means''--
(A) includes theft, bribery, misrepresentation,
breach or inducement of a breach of a duty to maintain
secrecy, and espionage through electronic or other
means; and
(B) does not include reverse engineering or
independent derivation alone;
(3) the term ``misappropriate'' means--
(A) to acquire a trade secret of another by
improper means, if the person who acquires the trade
secret knows or has reason to know that the acquisition
is by improper means; or
(B) to disclose or use a trade secret of another
without express or implied consent, if the person who
discloses or uses the trade secret--
(i) used improper means to acquire
knowledge of the trade secret; or
(ii) at the time of the disclosure or use,
knows or has reason to know that his or her
knowledge of the trade secret was--
(I) derived from or through a
person who used improper means to
acquire the trade secret;
(II) acquired under circumstances
giving rise to a duty to maintain the
secrecy, or limit the use, of the trade
secret; or
(III) derived from or through a
person who owed a duty to the person
seeking relief to maintain the secrecy,
or limit the use, of the trade secret;
(4) the term ``person'' means a natural person,
corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture,
government, governmental subdivision or agency, or any other
legal or commercial entity; and
(5) the term ``trade secret'' means any information,
including a formula, pattern, compilation, program, device,
method, technique, or process, that--
(A) derives independent economic value, actual or
potential, from not being generally known to, and not
being readily ascertainable through proper means by,
the public or other persons who can obtain economic
value from the disclosure or use of the information;
and
(B) is the subject of efforts that are reasonable
under the circumstances to maintain the secrecy of the
information.
SEC. 3. CIVIL ACTION.
(a) In General.--The owner or lawful possessor of a covered trade
secret may bring a civil action against a person who misappropriates,
threatens to misappropriate, or conspires to misappropriate the covered
trade secret--
(1) while located outside the territorial jurisdiction of
the United States; or
(2) on behalf of, or for the benefit of, a person located
outside the territorial jurisdiction of the United States.
(b) Federal Court Jurisdiction.--The district courts of the United
States shall have exclusive jurisdiction of a civil action under this
Act.
(c) Extraterritoriality.--A civil action under this Act may arise
from conduct outside the territorial jurisdiction of the United States
if the conduct, either by itself or in combination with conduct within
the territorial jurisdiction of the United States, causes or is
reasonably anticipated to cause an injury--
(1) within the territorial jurisdiction of the United
States; or
(2) to a United States person.
SEC. 4. REMEDIES.
In a civil action brought under this Act, a court may--
(1) issue--
(A) an order for appropriate injunctive relief
against any conduct described in section 3(a);
(B) an order requiring affirmative actions to be
taken to protect a covered trade secret from further
misappropriation; and
(C) if the court determines that it would be
unreasonable to prohibit further possession,
disclosure, or use of a covered trade secret, an order
requiring payment of a reasonable royalty for any
ongoing disclosure or use of a covered trade secret, in
addition to the damages described in paragraph (2);
(2) award--
(A) damages for actual loss caused by the
misappropriation of a covered trade secret; and
(B) damages for any unjust enrichment caused by the
misappropriation of a covered trade secret that is not
addressed in computing damages for actual loss under
subparagraph (A);
(3) if a trade secret is willfully or maliciously
misappropriated, award punitive or exemplary damages in an
amount not more than twice the amount of the damages awarded
under paragraph (2); and
(4) if a claim of misappropriation is made in bad faith, a
motion to terminate an injunction is made or opposed in bad
faith, or a trade secret is willfully or maliciously
misappropriated, award reasonable costs and attorney's fees to
the prevailing party.
SEC. 5. PROCEDURE.
(a) Pleadings.--
(1) Complaint.--A complaint filed in a civil action brought
under this Act shall include a sworn representation by the
plaintiff that the dispute involves conduct described in
section 3(a).
(2) Affirmative defense.--It shall be an affirmative
defense in a civil action brought under this Act that each
alleged covered trade secret in dispute was readily
ascertainable through proper means by other persons who did not
already know the covered trade secret at the time of any
alleged misappropriation, threat to misappropriate, or
conspiracy to misappropriate.
(b) Forum Non Conveniens.--In considering a motion to dismiss or
stay on forum non conveniens grounds filed in a civil action brought
under this Act, a court shall--
(1) give great weight to the plaintiff's choice of forum;
and
(2) consider whether the plaintiff reasonably could receive
fair and impartial treatment in the courts of the jurisdiction
in which the defendant is domiciled.
(c) Anti-Suit Injunctions.--In a civil action brought under this
Act, the court may enter an injunction enjoining a defendant over whom
the court has personal jurisdiction from pursuing subsequently filed
litigation in another jurisdiction if--
(1) the parties are the same in both matters;
(2) the resolution of the case before the enjoining court
will be dispositive of the action to be enjoined; and
(3) the action in the other jurisdiction threatens the
jurisdiction of the court or the purposes of this Act.
(d) Confidentiality.--In any proceeding relating to a civil action
brought under this Act, the court shall enter any order and take any
other action that is necessary and appropriate to preserve the
confidentiality of trade secrets, consistent with the requirements of
the Federal Rules of Civil Procedure, the Federal Rules of Evidence,
and all other applicable laws.
(e) Statute of Limitations.--A civil action brought under this Act
may not be commenced later than 3 years after the date on which the
conduct described in section 3(a) that forms the basis for the action
was discovered or by the exercise of reasonable diligence should have
been discovered.
SEC. 6. SEIZURES.
(a) In General.--In a civil action brought under this Act, the
court may, upon ex parte application and if the requirements under
subsection (b) are satisfied, issue an order (referred to in this
section as a ``seizure order'') providing for--
(1) the seizure of any property (including computers) used,
in any manner or part, to commit or facilitate the commission
of conduct described in section 3(a) that is alleged in the
civil action; and
(2) the preservation of evidence in the civil action.
(b) Requirements.--A court may issue a seizure order if--
(1) the applicant provides security in an amount that the
court determines is adequate to pay any damages a person may be
entitled to recover as a result of a wrongful seizure or
wrongful attempted seizure under this section; and
(2) the court finds that specific facts clearly show that--
(A) any order other than an ex parte seizure order
is not adequate to effectively cause the cessation of
the conduct described in section 3(a) that forms the
basis of the action;
(B) the applicant has not publicized the requested
seizure;
(C) the applicant is likely to succeed in showing
that the person against whom seizure is sought
misappropriated, threatened to misappropriate, or
conspired to misappropriate a covered trade secret of
which the applicant is the owner or lawful possessor;
(D) the applicant will suffer an immediate and
irreparable injury if a seizure is not ordered;
(E) the matter to be seized is located at the place
identified in the application;
(F) the harm to the applicant that would be caused
by denying the application outweighs the harm to the
legitimate interests of the person against whom seizure
is sought that would be caused by granting the
application; and
(G) if the applicant were to proceed on notice to
the person against whom seizure is sought, that person,
or persons acting in concert with that person, would
destroy, move, hide, or otherwise make the matter to be
seized inaccessible to the court.
(c) Procedure.--A seizure order shall--
(1) direct that service of a copy of the seizure order
shall be made by a Federal law enforcement officer (such as a
United States marshal), who, upon making service, shall carry
out the seizure under the seizure order;
(2) direct that any items seized shall be taken into the
custody of the court;
(3) include a protective order with respect to items
seized, to ensure that confidential, private, proprietary, or
privileged information contained in the items seized, including
any such information belonging to the defendant and third
parties, is appropriately protected and that access to the
items seized is appropriately restricted; and
(4) specify a hearing date, not earlier than 3 days and not
later than 10 days after the seizure order is issued, for the
court to review whether the items seized should remain in the
custody of the court.
(d) Order Under Seal.--
(1) In general.--Except as provided under paragraph (2), a
seizure order, together with any supporting documents, shall be
sealed until the person against whom the seizure order is
directed has an opportunity to contest the seizure order.
(2) Access after seizure.--A court shall allow a person
against whom a seizure order is directed to have access to the
seizure order and any supporting documents after the seizure is
carried out.
(e) Seizure Hearing.--
(1) Date.--A court that issues a seizure order shall hold a
hearing under this subsection on the date set by the court
under subsection (c)(4) unless a party shows good cause for
setting a different date.
(2) Burden of proof.--At a hearing under this subsection,
the party that obtained the seizure order shall have the burden
of proving that the factual and legal grounds necessary to
support the seizure order are still in effect.
(3) Dissolution or modification of order.--If a party fails
to meet the burden specified under paragraph (2), the court
shall dissolve or modify the seizure order appropriately.
(4) Discovery time limits.--The court may issue an order
modifying the time limits for discovery under the Federal Rules
of Civil Procedure as necessary to prevent the frustration of
the purposes of a hearing under this subsection.
(f) Injured Party.--
(1) Cause of action.--A party that is injured by a seizure
carried out in a civil action brought under this Act and that
prevails in the civil action may bring a civil action under
this subsection against the applicant for the seizure order in
a district court of the United States.
(2) Remedies.--A party that prevails in a civil action
brought under this subsection shall recover--
(A) reasonable costs and attorney's fees incurred
in defense against the seizure order described in
paragraph (1) unless the court finds that extenuating
circumstances merit denying such costs and fees; and
(B) lost profits and punitive damages if the
seizure order described in paragraph (1) was sought in
bad faith.
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Future of American Innovation and Research Act of 2013 or the FAIR Act - Authorizes the owner or lawful possessor of a covered trade secret (that is related to or included in a product or service that is used in or reasonably anticipated to be used in interstate or foreign commerce) to bring a civil action in a U.S. district court against a person (including a legal or commercial entity) who misappropriates, threatens to misappropriate, or conspires to misappropriate such trade secret: (1) while located outside the territorial jurisdiction of the United States; or (2) on behalf of, or for the benefit of, a person located outside such territorial jurisdiction. Defines "misappropriate" as the acquisition or disclosure of a trade secret under specified circumstances through improper means, including theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, and espionage through electronic means. Excludes reverse engineering or independent derivation from the categories of improper means when such activity alone is the only alleged conduct. Permits an action to arise from conduct outside the territorial jurisdiction of the United States if the conduct, either by itself or in combination with conduct within the territorial jurisdiction of the United States, causes or is reasonably anticipated to cause an injury: (1) within the territorial jurisdiction of the United States, or (2) to a U.S. person. Provides for an affirmative defense to such an action if each alleged trade secret in dispute was readily ascertainable through proper means by other persons who did not already know the trade secret at the time of the alleged conduct. Authorizes a court, upon an ex parte application, to order the seizure of any property used to commit or facilitate specified conduct alleged in the civil action.
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Provide a summary of the following text: SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Access to Women's
Health Care Act of 1999''.
(b) Findings.--Congress makes the following findings:
(1) Women's health historically has received little
attention.
(2) A provider of obstetric and gynecological care improves
a woman's access to health care by providing primary and
preventive health care throughout the woman's lifetime.
(3) Sixty percent of all office visits to providers of
obstetric and gynecological care are for preventive care.
(4) Providers of obstetrical and gynecological care are
uniquely qualified on the basis of education and experience to
provide basic women's health care services.
(5) While more than 37 States have acted to promote
residents' access to providers of obstetrical and gynecological
care, patients in other States or in Federally-governed health
plans are not protected from access restrictions or
limitations.
SEC. 2. PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE.
(a) In General.--If a group health plan, or a health insurance
issuer in connection with the provision of health insurance coverage,
requires or provides for a participant, beneficiary, or enrollee to
designate a participating primary care provider, and an individual who
is female has not designated a provider who specializes in obstetrics
and gynecology as a primary care provider, the plan or issuer--
(1) may not require authorization or a referral by the
individual's primary care provider or otherwise for coverage of
gynecological care (such as preventive women's health
examinations) and pregnancy-related services provided by a
participating health care professional who specializes in
obstetrics and gynecology to the extent that such care is
otherwise covered; and
(2) may treat the ordering of other gynecological and
obstetrical care, including referrals for related care, by such
a participating provider as the authorization of the primary
care provider with respect to such care under the plan or
coverage.
(b) Construction.--Nothing in subsection (a)(2) shall be construed
to waive any requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of the gynecological and
obstetrical care so ordered.
(c) Providers.--A group health plan, or a health insurance issuer
in connection with the provision of health insurance coverage, that
provides benefits, in whole or in part, through participating health
care providers shall have (in relation to the coverage) a sufficient
number, distribution, and variety of qualified participating health
care providers to ensure that all covered health care services,
including specialty services, will be available and accessible in a
timely manner to all participants, beneficiaries, and enrollees under
the plan or coverage.
(d) Prohibitions.--A group health plan, and a health insurance
issuer in connection with the provision of health insurance coverage,
may not--
(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan or coverage, for the purpose of avoiding the
requirements of this section;
(2) provide monetary payments or rebates to individuals to
encourage such individuals to access less than the minimum
protections available under this section;
(3) penalize or otherwise reduce or limit the reimbursement
of a provider because such provider provided care to an
individual participant, beneficiary, or enrollee in accordance
with this section; or
(4) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant, beneficiary, or enrollee in a manner
inconsistent with this section.
(e) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer in connection with the provision of health insurance coverage
from negotiating the level and type of reimbursement with a provider
for care provided in accordance with this section.
(f) Continued Applicability of State Law With Respect to Health
Insurance Issuers.--This section shall not be construed to supersede
any provision of State law which establishes, implements, or continues
in effect any standard or requirement solely relating to health
insurance issuers in connection with group health insurance coverage
except to the extent that such standard or requirement prevents the
application of a requirement of this section.
SEC. 3. PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE UNDER
PUBLIC HEALTH SERVICE ACT.
(a) In General.--Subpart 2 of part A of title XXVII of the Public
Health Service Act, as amended by the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277),
is amended by adding at the end the following new section:
``SEC. 2707. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE.
``(a) In General.--Each group health plan shall comply with the
patient protection requirements under section 2 of the Access to
Women's Health Care Act of 1999, and each health insurance issuer shall
comply with patient protection requirements under such section with
respect to group health insurance coverage it offers, and such
requirements shall be deemed to be incorporated into this subsection.
``(b) Notice.--A group health plan shall comply with the notice
requirement under section 711(d) of the Employee Retirement Income
Security Act of 1974 with respect to the requirements referred to in
subsection (a) and a health insurance issuer shall comply with such
notice requirement as if such subsection applied to such issuer and
such issuer were a group health plan.''
(b) Individual Market.--Subpart 3 of part B of title XXVII of the
Public Health Service Act, as amended by the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277),
is amended by adding at the end the following new section:
``SEC. 2753. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE.
``(a) In General.--Each health insurance issuer shall comply with
patient protection requirements under section 2 of the Access to
Women's Health Care Act of 1999, with respect to individual health
insurance coverage it offers, and such requirements shall be deemed to
be incorporated into this subsection.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 711(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such subsection applied to such
issuer and such issuer were a group health plan.''.
SEC. 4. PATIENT ACCESS TO OBSTETRICAL AND GYNECOLOGICAL CARE UNDER THE
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974, as amended by the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277), is amended by adding at the end the
following:
``SEC. 714. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE.
``(a) In General.--Subject to subsection (b), a group health plan
(and a health insurance issuer offering group health insurance coverage
in connection with such a plan) shall comply with the requirements of
section 2 of the Access to Women's Health Care Act of 1999 (as in
effect as of the date of enactment of such Act), and such requirements
shall be deemed to be incorporated into this subsection.
``(b) Notice.--The imposition of the requirements of this section
shall be treated as material modification in the terms of the plan
described in section 102(a)(1), for purposes of assuring notice of such
requirements under the plan, except that the summary description
required to be provided under the last sentence of section 104(b)(1)
with respect to such modification shall be provided by not later than
60 days after the first day of the first plan year in which such
requirements shall apply.''.
(b) Conforming Amendment.--The table of contents in section 1 of
the Employee Retirement Income Security Act of 1974, as amended by the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277), is amended by inserting after the item
relating to section 713 the following new item:
``Sec. 714. Patient access to obstetric and gynecological care.''.
SEC. 5. APPLICATION OF PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL
CARE TO THE INTERNAL REVENUE CODE OF 1986.
(a) In General.--Subchapter B of chapter 100 of the Internal
Revenue Code of 1986 (relating to other requirements) is amended--
(1) in the table of sections, by inserting after the item
relating to section 9812 the following new item:
``Sec. 9813. Patient access to obstetric and gynecological care''; and
(2) by inserting after section 9812 the following new
section:
``SEC. 9813. PATIENT ACCESS TO OBSTETRIC AND GYNECOLOGICAL CARE.
``A group health plan shall comply with the requirements of section
2 of the Access to Women's Health Care Act of 1999 (as in effect as of
the date of enactment of such Act), and such requirements shall be
deemed to be incorporated into this section.''
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Access to Women's Health Care Act of 1999 - States that a group health plan or a health insurance issuer, in the case of a woman who has not chosen a primary care provider who is an obstetrics-gynecology specialist: (1) may not require primary care provider referral for gynecological care and pregnancy-related services; and (2) may treat the ordering by such specialist of additional obstetrical and gynecological care as authorization by the primary care provider.
Prohibits a plan or issuer from taking specified actions to limit membership or reduce access to or use of obstetrics and gynecological services.
Amends the Public Service Act, as amended by the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (including the individual market), the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require compliance with such obstetrics and gynecological access provisions.
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Condense the following text into a summary: Section 1. This Act may be cited as the ``Immigration Reform
Transition Act of 1997''.
Sec. 2. (a) Section 240A, subsection (e), of the Immigration and
Nationality Act is amended--
(1) in the first sentence, by striking ``this section'' and
inserting in lieu thereof ``section 240A(b)(1)'';
(2) by striking ``, nor suspend the deportation and adjust
the status under section 244(a) (as in effect before the
enactment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996),''; and
(3) by striking the last sentence in the subsection and
inserting in lieu thereof ``The previous sentence shall apply
only to removal cases commenced on or after April 1, 1997,
including cases where the Attorney General exercises authority
pursuant to paragraphs (2) or (3) of section 309(c) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (Public Law 104-208, Division C, 110 Stat. 3009).''.
(b) Section 309, subsection (c), of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208, Division
C, 110 Stat. 3009) is amended by striking paragraphs (5) and (7).
(c) Section 240A of the Immigration and Nationality Act is
amended--
(1) in subsection (b), paragraph (3), by striking ``(1) or
(2)'' in the first and third sentences of that paragraph and
inserting in lieu thereof ``(1), (2), or (3)'';
(2) in subsection (b), by redesignating paragraph (3) as
paragraph (4);
(3) in subsection (d), paragraph (1), by striking ``this
section.'' and inserting in lieu thereof ``subsections (a),
(b)(1), and (b)(2).'';
(4) in subsection (b), by adding after paragraph (2) the
following new paragraph--
``(3) Special rule for certain aliens covered by the
settlement agreement in american baptist churches et al. v.
thornburgh (abc), 760 f. supp. 796 (n.d. cal. 1991).--
``(A) The Attorney General may, in his or her
discretion, cancel removal and adjust the status from
such cancellation in the case of an alien who is
removable from the United States if the alien
demonstrates that--
``(i) the alien has not been convicted at
any time of an aggravated felony, and
``(I) was not apprehended after
December 19, 1990, at the time of
entry, and is either--
``(aa) a Salvadoran
national who first entered the
United States on or before
September 19, 1990, who
registered for benefits
pursuant to the ABC settlement
agreement on or before October
31, 1991, or applied for
Temporary Protected Status on
or before October 31, 1991; or
``(bb) a Guatemalan
national who first entered the
United States on or before
October 1, 1990, and who
registered for benefits
pursuant to the ABC settlement
agreement by December 31, 1991;
or
``(cc) the spouse or
unmarried son or daughter of an
alien described in (aa) who
entered the United States on or
before September 19, 1990, or
the spouse or unmarried son or
daughter of an alien described
in (bb) who entered the United
States on or before October 1,
1990; or
``(II) is a Nicaraguan, Guatemalan,
or Salvadoran who filed an application
for asylum with the Immigration and
Naturalization Service before April 1,
1990, and the Immigration and
Naturalization Service had not granted,
denied, or referred that application as
of April 1, 1997; and
``(ii) the alien is not described in
paragraph (4) of section 237(a) or paragraph
(3) of section 212(a) of the Act; and
``(iii) the alien--
``(I) is removable under any law of
the United States except the provisions
specified in subclause (II) of this
clause, has been physically present in
the United States for a continuous
period of not less than seven years
immediately preceding the date of such
application, and proves that during all
of such period he was and is a person
of good moral character, and is a
person whose removal would, in the
opinion of the Attorney General, result
in extreme hardship to the alien or to
his spouse, parent, or child, who is a
citizen of the United States or an
alien lawfully admitted for permanent
residence; or
``(II) is removable under paragraph
(2) (other than section
237(a)(2)(A)(iii)) of section 237(a),
paragraph (3) of section 237(a), or
paragraph (2) of section 212(a), has
been physically present in the United
States for a continuous period of not
less than 10 years immediately
following the commission of an act, or
the assumption of a status,
constituting a ground for deportation,
and proves that during all of such
period he has been and is a person of
good moral character, and is a person
whose removal would, in the opinion of
the Attorney General, result in
exceptional and extremely unusual
hardship to the alien or to his spouse,
parent or child, who is a citizen of
the United States, or an alien lawfully
admitted for permanent residence.
``(B) Subsection (d) of this section shall not
apply to determinations under this paragraph, and an
alien shall not be considered to have failed to
maintain continuous physical presence in the United
States under clause (A)(iii) of this paragraph if the
alien demonstrates that the absence from the United
States was brief, casual, and innocent, and did not
meaningfully interrupt the continuous physical
presence.
``(C) The determination by the Attorney General
whether an alien meets the requirements of subparagraph
(A) or (B) of this paragraph is final and shall not be
subject to review by any court. Nothing in the
preceding sentence shall be construed as limiting the
application of subparagraph (B) of section 242(a)(2) to
other eligibility determinations pertaining to
discretionary relief under this Act.''.
(d) The amendments made by this section shall be effective as if
included in Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (Public Law 104-208, Division C, 110 Stat. 3009).
Sec. 3. Any alien who has become eligible for suspension of
deportation or cancellation of removal as a result of the amendments
made by section 2, may, notwithstanding any other limitations on
motions to reopen imposed by the Immigration and Nationality Act or by
regulation, file one motion to reopen to apply for suspension of
deportation or cancellation of removal. The Attorney General shall
designate a specific time period in which all such motions to reopen
must be filed. The period must begin no later than 120 days after the
date of enactment of this Act and shall extend for a period of 180
days.
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Immigration Reform Transition Act of 1997 - Amends the Immigration and Nationality Act (and the Illegal Immigration and Immigrant Responsibility Act of 1996) to authorize the Attorney General to cancel the removal and adjust the status of certain Central American aliens.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Election Hacking Act of
2018''.
SEC. 2. HACK THE ELECTION PROGRAM.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall establish a program to be
known as the ``Hack the Election Program'' to improve the cybersecurity
of the systems used to administer elections for Federal office by
facilitating and encouraging assessments by independent technical
experts, in cooperation with State and local election officials and
election service providers, to identify and report election
cybersecurity vulnerabilities.
(b) Voluntary Participation by Election Officials and Election
Service Providers.--
(1) No requirement to participate in program.--
Participation in the Hack the Election Program shall be
entirely voluntary for State and local election officials and
election service providers.
(2) Encouraging participation and input from election
officials.--In developing the Hack the Election program under
this section, the Secretary shall solicit input from, and
encourage participation by, State and local election officials.
(c) Activities Funded.--In establishing the Hack the Election
Program under this section, the Secretary shall--
(1) establish a recurring competition for independent
technical experts to assess election systems for the purpose of
identifying and reporting election cybersecurity
vulnerabilities;
(2) establish an expeditious process by which independent
technical experts can qualify to participate in the
competition;
(3) establish a schedule of awards (monetary or non-
monetary) for reports of previously unidentified election
cybersecurity vulnerabilities discovered by independent
technical experts during the competition;
(4) establish a process for State and local election
officials and election service providers to voluntarily
participate in the program by designating specific election
systems, periods of time, and circumstances for assessment by
independent technical experts; and
(5) promptly notify State and local election officials and
election service providers about relevant election
cybersecurity vulnerabilities discovered through the
competition, and provide technical assistance in remedying the
vulnerabilities.
(d) Use of Service Providers.--The Secretary may award competitive
contracts as necessary to manage the Hack the Election Program under
this section.
(e) Consultation With Secretary of Defense.--In developing the Hack
the Election Program under this section, the Secretary shall consult
with the relevant offices at the Department of Defense that were
responsible for launching the 2016 ``Hack the Pentagon'' pilot program
and subsequent Department of Defense bug bounty programs.
SEC. 3. SAFE HARBOR FOR PARTICIPANTS IN PROGRAM.
(a) In General.--Notwithstanding section 1030 of title 18, United
States Code, and except as provided in subsection (b), it shall not be
unlawful for a person acting in compliance with the Hack the Election
Program under section 2 to take actions necessary to discover and
report an election cybersecurity vulnerability if the person reports
the cybersecurity vulnerability to the Secretary.
(b) Limitation.--Subsection (a) shall not apply to any person
that--
(1) acts outside the scope of the Hack the Election
Program;
(2) exploits an election cybersecurity vulnerability; or
(3) publicly exposes an election cybersecurity
vulnerability before reporting the vulnerability to the
Secretary.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) The terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(2) The term ``election cybersecurity vulnerability'' means
any security vulnerability (as defined in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501))
that affects an election system.
(3) The term ``election service provider'' means any person
providing, supporting, or maintaining an election system on
behalf of a State or local election official, such as a
contractor or vendor.
(4) The term ``election system'' means any information
system (as defined in section 3502 of title 44, United States
Code) used for the management, support, or administration of an
election for Federal office, such as a voting system, a voter
registration website or database, an electronic pollbook, a
system for tabulating or reporting election results, or the
email system of a State or local election official.
(5) The term ``Secretary'' means the Secretary of Homeland
Security, or, upon designation by the Secretary of Homeland
Security, the Deputy Secretary of Homeland Security, the Under
Secretary responsible for overseeing critical infrastructure
protection, cybersecurity, and other related programs of the
Department, or a Senate-confirmed official that reports to that
Under Secretary.
(6) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of Northern Mariana
Islands, and the United States Virgin Islands.
(7) The term ``voting system'' has the meaning given such
term in section 301(b) of the Help America Vote Act of 2002 (52
U.S.C. 21081(b)).
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Prevent Election Hacking Act of 2018 This bill directs the Department of Homeland Security to establish the Hack the Election Program to improve the cybersecurity of the systems used to administer federal elections by facilitating and encouraging assessments by independent technical experts, in cooperation with state and local election officials and election service providers, to identify and report election cybersecurity vulnerabilities.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institute of Biomedical
Imaging Establishment Act''.
SEC. 2. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIOMEDICAL IMAGING.
(a) In General.--Part C of title IV of the Public Health Service
Act (42 U.S.C. 285 et seq.) is amended by adding at the end the
following subpart:
``Subpart 18--National Institute of Biomedical Imaging
``purpose of the institute
``Sec. 464z. (a) The general purpose of the National Institute of
Biomedical Imaging (in this section referred to as the `Institute') is
the conduct and support of research, training, the dissemination of
health information, and other programs with respect to radiologic and
other imaging modalities, imaging techniques, and imaging technologies
with biomedical applications (in this section referred to as
`biomedical imaging').
``(b)(1) The Director of the Institute, with the advice of the
Institute's advisory council, shall establish a National Biomedical
Imaging Program (in this section referred to as the `Program').
``(2) Activities under the Program shall include the following with
respect to biomedical imaging:
``(A) Research into the development of new techniques and
devices.
``(B) Related research in physics, computer science,
information sciences, and other disciplines.
``(C) Technology assessments and outcomes studies to
evaluate the effectiveness of devices and procedures.
``(D) Research in screening for diseases and disorders.
``(E) The advancement of existing modalities (such as x ray
imaging, computed tomography, magnetic resonance imaging,
magnetic resonance spectroscopy, positron emission tomography,
single photon emission computed tomography, ultrasound, and
bioelectric and biomagnetic imaging).
``(F) The development of image-enhancing agents, contrast
media, and radiopharmaceuticals.
``(G) The development of image-enhancing agents and
advanced technologies and techniques for molecular and genetic
imaging.
``(H) The development of new techniques and devices for
imaging-guided surgery and related interventional procedures.
``(I) Research into technologies to enhance and expand the
potential applications of picture archiving, communication
systems, and telemedicine.
``(3)(A) With respect to the Program, the Director or the Institute
shall prepare and transmit to the Secretary and the Director of NIH a
plan to initiate, expand, intensify, and coordinate activities of the
Institute respecting biomedical imaging. The plan shall include such
comments and recommendations as the Director of the Institute
determines appropriate. The Director of the Institute shall
periodically review and revise the plan and shall transmit any
revisions of the plan to the Secretary and the Director of NIH.
``(B) The plan under subparagraph (A) shall include the
recommendations of the Director of the Institute with respect to the
following:
``(i) The consolidation of programs of the National
Institutes of Health for the conduct or support of activities
regarding biomedical imaging.
``(ii) The establishment of a center within the Institute
to coordinate imaging research activities conducted or
supported by Federal agencies and to facilitate the transfer of
biomedical imaging technologies.
``(c) The establishment under section 406 of an advisory council
for the Institute is subject to the following:
``(1) The number of members appointed by the Secretary
shall be 12.
``(2) Of such members--
``(A) 6 members shall be scientists, physicians,
and other health professionals who represent
disciplines in biomedical imaging and who are not
officers or employees of the United States; and
``(B) 6 members shall be scientists, physicians,
and other health professionals who represent other
disciplines and are knowledgeable about the
applications of biomedical imaging in medicine, and who
are not officers or employees of the United States.
``(3) In addition to the ex officio members specified in
section 406(b)(2), the ex officio members of the advisory
council shall include the Director of the Centers for Disease
Control and Prevention, the Director of the National Science
Foundation, and the Director of the National Institute of
Standards and Technology (or the designees of such officers).
``(d)(1) Subject to paragraph (2), for the purpose of carrying out
this section:
``(A) For fiscal year 1997, there is authorized to be
appropriated an amount equal to the amount obligated by the
National Institutes of Health during fiscal year 1996 for
biomedical imaging, except that such amount shall be adjusted
to offset any inflation occurring after October 1, 1995.
``(B) For each of the fiscal years 1998 and 1999, there is
authorized to be appropriated an amount equal to the amount
appropriated under subparagraph (A) for fiscal year 1997,
except that such amount shall be adjusted for the fiscal year
involved to offset any inflation occurring after October 1,
1996.
``(2) The authorization of appropriations for a fiscal year under
paragraph (1) is hereby reduced by the amount of any appropriation made
for such year for the conduct or support by any other national research
institute of any program with respect to biomedical imaging.''.
(b) Use of Existing Resources.--In providing for the establishment
of the National Institute of Biomedical Imaging pursuant to the
amendment made by subsection (a), the Director of the National
Institutes of Health (referred to in this subsection as ``NIH'')--
(1) may transfer to the National Institute of Biomedical
Imaging such personnel of NIH as the Director determines to be
appropriate;
(2) may, for quarters for such Institute, utilize such
facilities of NIH as the Director determines to be appropriate;
and
(3) may obtain administrative support for the Institute
from the other agencies of NIH, including the other national
research institutes.
(c) Construction of Facilities.--None of the provisions of this Act
or the amendments made by the Act may be construed as authorizing the
construction of facilities, or the acquisition of land, for purposes of
the establishment or operation of the National Institute of Biomedical
Imaging.
(d) Date Certain for Establishment of Advisory Council.--Not later
than 90 days after the effective date of this Act under section 3, the
Secretary of Health and Human Services shall complete the establishment
of an advisory council for the National Institute of Biomedical Imaging
in accordance with section 406 of the Public Health Service Act and in
accordance with section 464z of such Act (as added by subsection (a) of
this section).
(e) Conforming Amendment.--Section 401(b)(1) of the Public Health
Service Act (42 U.S.C. 281(b)(1)) is amended by adding at the end the
following subparagraph:
``(R) The National Institute of Biomedical Imaging.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect October 1, 1996, or upon the date of the
enactment of this Act, whichever occurs later.
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National Institute of Biomedical Imaging Establishment Act - Amends the Public Health Service Act to provide for the establishment of the National Institute of Biomedical Imaging, headed by a Director, which shall conduct and support research, training, and dissemination of health information and other programs with respect to radiologic and other imaging modalities, imaging techniques, and imaging technologies with biomedical applications.
Directs the Director of the Institute to: (1) establish a National Biomedical Imaging Program; and (2) prepare and transmit to the Secretary of Health and Human Services and the Director of the National Institutes of Health a plan to initiate, expand, intensify, and coordinate activities of the Institute respecting biomedical imaging.
Authorizes appropriations.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Opportunities Made Equal Act
of 2011'' or the ``HOME Act of 2011''.
SEC. 2. AMENDING THE FAIR HOUSING ACT TO PROHIBIT CERTAIN
DISCRIMINATION.
(a) In General.--
(1) Section 804 of the Fair Housing Act (42 U.S.C. 3604) is
amended--
(A) by inserting ``actual or perceived'' before
``race, color'' each place that term appears; and
(B) by inserting ``sexual orientation, gender
identity, marital status, source of income,'' after
``sex,'' each place that term appears.
(2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is
amended--
(A) by inserting ``actual or perceived'' before
``race, color'' each place that term appears; and
(B) by inserting ``sexual orientation, gender
identity, marital status, source of income,'' after
``sex,'' each place that term appears.
(3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is
amended--
(A) by inserting ``actual or perceived'' before
``race, color''; and
(B) by inserting ``sexual orientation, gender
identity, marital status, source of income,'' after
``sex,''.
(b) Prevention of Intimidation.--Section 901 of the Civil Rights
Act of 1968 (42 U.S.C. 3631) is amended--
(1) by inserting ``actual or perceived'' before ``race,
color'' each place that term appears; and
(2) by inserting ``sexual orientation (as defined in
section 802), gender identity (as so defined), marital status
(as so defined), source of income (as so defined)'' after
``sex,'' each place that term appears.
(c) Definitions.--Section 802 of the Fair Housing Act (42 U.S.C.
3602) is amended by adding at the end the following:
``(p) `Gender identity' means the gender-related identity,
appearance, or mannerisms or other gender-related characteristics of an
individual, with or without regard to the individual's designated sex
at birth.
``(q) `Marital status' has the same meaning given that term for
purposes of the Equal Credit Opportunity Act.
``(r) `Sexual orientation' means homosexuality, heterosexuality, or
bisexuality.
``(s) `Source of income' means the receipt of Federal, State, or
local public assistance including medical assistance, or the receipt by
a tenant or applicant of Federal, State, or local housing subsidies,
including rental assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) or other rental assistance or
rental supplements.''.
SEC. 3. AMENDING THE FAIR HOUSING ACT TO EXTEND THE DEFINITION OF
DISCRIMINATORY HOUSING PRACTICE.
Section 802(f) of the Fair Housing Act (42 U.S.C. 3602(f)) is
amended to read as follows:
``(f) `Discriminatory housing practice' means an act that is
unlawful under section 804, 805, 806, or 818 of this title, whether
occurring pre- or post-acquisition, and also includes a failure to
comply with section 808(e)(5) of this title or a regulation issued to
carry out section 808(e)(5).''.
SEC. 4. AMENDING THE FAIR HOUSING ACT DEFINITION OF ``FAMILIAL
STATUS''.
Section 802(k) of the Fair Housing Act (42 U.S.C. 3602(k)) is
amended to read as follows:
``(k) `Familial status' means one or more individuals (who have not
attained the age of 18 years) residing with--
``(1) a parent, foster parent, or another person having
legal or lawful physical custody of such individual or
individuals; or
``(2) anyone standing in loco parentis of such individual
or individuals.
The protections afforded against discrimination on the basis of
familial status apply to any person who is pregnant or in the process
of securing legal custody of an individual who has not attained the age
of 18 years.''.
SEC. 5. AMENDING THE FAIR HOUSING ACT AND THE EQUAL CREDIT OPPORTUNITY
ACT TO PROVIDE THE DEPARTMENT OF JUSTICE WITH PRE-
LITIGATION SUBPOENA POWER.
(a) Equal Credit Opportunity Act.--Section 706(h) of the Equal
Credit Opportunity Act (15 U.S.C. 1691e(h)) is amended--
(1) by striking ``When a'' and inserting the following:
``(1) In general.--When a''; and
(2) by adding at the end the following:
``(2) Pre-litigation Subpoena Power.--If the Attorney General has
reason to believe that any person may be in possession, custody, or
control of any documentary material or information relevant to an
investigation under this title, the Attorney General may, before
commencing a civil action under paragraph (1), issue in writing and
cause to be served upon the person, a civil investigative demand. The
authority to issue and enforce civil investigative demands under this
paragraph shall be identical to the authority of the Attorney General
under section 3733 of title 31, United States Code, except that the
provisions of that section relating to qui tam relators shall not
apply.''.
(b) Fair Housing Act.--Section 814(c) of the Fair Housing Act (42
U.S.C. 3614(c)) is amended--
(1) by striking ``The Attorney General'' and inserting the
following:
``(1) In general.--The Attorney General''; and
(2) by adding at the end the following:
``(2) Civil investigative demands.--If the Attorney General
has reason to believe that any person may be in possession,
custody, or control of any documentary material or information
relevant to an investigation under this title, the Attorney
General may, before commencing a civil proceeding under this
subsection, issue in writing and cause to be served upon the
person, a civil investigative demand. The authority to issue
and enforce civil investigative demands under this paragraph
shall be identical to the authority of the Attorney General
under section 3733 of title 31, United States Code, except that
the provisions of that section relating to qui tam relators
shall not apply.''.
SEC. 6. FREEDOM FROM DISCRIMINATION IN CREDIT.
(a) Prohibition Against Discrimination on Account of Sexual
Orientation or Gender Identity.--Section 701(a)(1) of the Equal Credit
Opportunity Act (15 U.S.C. 1691(a)(1)) is amended--
(1) by inserting ``actual or perceived'' before ``race,
color''; and
(2) by striking ``sex or'' and inserting ``sex, sexual
orientation, gender identity,''.
(b) Definitions.--Section 702 of the Equal Credit Opportunity Act
(15 U.S.C. 1691a) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (i), respectively;
(2) by inserting after subsection (e) the following:
``(f) The term `gender identity' means the gender-related identity,
appearance, or mannerisms or other gender-related characteristics of an
individual, with or without regard to the individual's designated sex
at birth.''; and
(3) by inserting after subsection (g), as so redesignated,
the following:
``(h) The term `sexual orientation' means homosexuality,
heterosexuality, or bisexuality.''.
SEC. 7. AMENDING THE FAIR HOUSING ACT SO THAT DISCRIMINATION IN REAL
ESTATE-RELATED TRANSACTIONS INCLUDES THE FAILURE TO MAKE
REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES.
Section 805(a) of the Fair Housing Act (42 U.S.C. 3605(a)) is
amended by adding at the end the following: ``For the purposes of this
section, discrimination against a person because of handicap includes
the failure, in connection with a real estate-related transaction, to
make reasonable accommodations for such person.''.
SEC. 8. AMENDING THE FAIR HOUSING ACT TO CHANGE CERTAIN LIMITATIONS ON
FILING COMPLAINTS AND COMMENCING CIVIL ACTIONS.
(a) Section 810.--Section 810(a)(1)(A)(i) of the Fair Housing Act
(42 U.S.C. 3610(a)(1)(A)(i)) is amended by inserting after the first
sentence the following: ``The failure to design and construct a
dwelling as required by section 804(f)(3)(C) shall be deemed to
continue until such time as the dwelling conforms to the requirements
of that section.''.
(b) Section 813.--Section 813(a)(1)(A) of the Fair Housing Act (42
U.S.C. 3613(a)(1)(A)) is amended by adding at the end the following:
``The failure to design and construct a dwelling as required by section
804(f)(3)(C) shall be deemed to continue until such time as the
dwelling conforms to the requirements of that section.''.
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Housing Opportunities Made Equal Act of 2011 or HOME Act of 2011 - Amends the Fair Housing Act, with respect to prohibited discrimination in housing sales and rentals, residential real estate-related transactions, and brokerage services, to specify that the race, color, religion, sex, familial status, or national origin basis of discrimination may be actual or perceived. Adds to the list of prohibited actual or perceived bases sexual orientation, gender identity, marital status, and source of income.
Amends the Civil Rights Act of 1968, with respect to prohibited intimidation, interference, or injury of individuals, to specify that the race, color, religion, sex, familial status, or national origin basis of discrimination may be actual or perceived. Adds also to the list of prohibited actual or perceived bases sexual orientation, gender identity, marital status, or source of income.
Redefines "discriminatory housing practice" to specify that the definition: (1) applies regardless of whether the discriminatory practices occur pre- or post-acquisition; and (2) includes a failure to comply with administrative requirements of the Secretary of Housing and Urban Development (HUD), including related regulations, in a manner affirmatively to further nondiscrimination policies.
Redefines "familial status" to include individuals (under age 18) residing with: (1) a foster parent or another person having lawful physical custody of such individuals; or (2) anyone standing in loco parentis of such individuals (currently, the designee of such parent or other person having such custody, with the parent's or other person's written permission).
Amends the Equal Credit Opportunity Act and the Fair Housing Act to grant the Attorney General pre-litigation subpoena power if there is reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under the respective Act.
Amends the Equal Credit Opportunity Act to prohibit discrimination against credit applicants on the basis of actual or perceived race or color, sex, sexual orientation, or gender identity.
States that discrimination against a person because of a handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such persons.
Revises the limitations on filing complaints and commencing civil actions by certain individuals alleging discriminatory housing practices to deem that the failure to design and construct a dwelling that meets requirements for reasonable modifications for handicapped persons shall continue (and with it the alleged discriminatory housing practice) until such time as the dwelling conforms to them.
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Provide a condensed version of the following text: SECTION 1. POST OFFICE DESIGNATIONS.
(a) Special Warfare Operator Master Chief Petty Officer (SEAL)
Louis ``Lou'' J. Langlais Post Office Building.--
(1) Designation.--The facility of the United States Postal
Service located at 1221 State Street, Suite 12, Santa Barbara,
California, shall be known and designated as the ``Special
Warfare Operator Master Chief Petty Officer (SEAL) Louis `Lou'
J. Langlais Post Office Building''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``Special Warfare Operator Master Chief Petty
Officer (SEAL) Louis `Lou' J. Langlais Post Office Building''.
(b) Richard Allen Cable Post Office.--
(1) Designation.--The facility of the United States Postal
Service located at 23323 Shelby Road in Shelby, Indiana, shall
be known and designated as the ``Richard Allen Cable Post
Office''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``Richard Allen Cable Post Office''.
(c) Leonard Montalto Post Office Building.--
(1) Designation.--The facility of the United States Postal
Service located at 3031 Veterans Road West in Staten Island,
New York, shall be known and designated as the ``Leonard
Montalto Post Office Building''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``Leonard Montalto Post Office Building''.
(d) Army First Lieutenant Donald C. Carwile Post Office Building.--
(1) Designation.--The facility of the United States Postal
Service located at 401 McElroy Drive in Oxford, Mississippi,
shall be known and designated as the ``Army First Lieutenant
Donald C. Carwile Post Office Building''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``Army First Lieutenant Donald C. Carwile Post
Office Building''.
(e) E. Marie Youngblood Post Office.--
(1) Designation.--The facility of the United States Postal
Service located at 14231 TX-150 in Coldspring, Texas, shall be
known and designated as the ``E. Marie Youngblood Post
Office''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``E. Marie Youngblood Post Office''.
(f) Zapata Veterans Post Office.--
(1) Designation.--The facility of the United States Postal
Service located at 810 N. U.S. Highway 83 in Zapata, Texas,
shall be known and designated as the ``Zapata Veterans Post
Office''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``Zapata Veterans Post Office''.
(g) Marine Lance Corporal Squire ``Skip'' Wells Post Office
Building.--
(1) Designation.--The facility of the United States Postal
Service located at 2886 Sandy Plains Road in Marietta, Georgia,
shall be known and designated as the ``Marine Lance Corporal
Squire `Skip' Wells Post Office Building''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``Marine Lance Corporal Squire `Skip' Wells
Post Office Building''.
(h) Officer Joseph P. Cali Post Office Building.--
(1) Designation.--The facility of the United States Postal
Service located at 6300 N. Northwest Highway in Chicago,
Illinois, shall be known and designated as the ``Officer Joseph
P. Cali Post Office Building''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``Officer Joseph P. Cali Post Office
Building''.
(i) Segundo T. Sablan and CNMI Fallen Military Heroes Post Office
Building.--
(1) Designation.--The facility of the United States Postal
Service located at 1 Chalan Kanoa VLG in Saipan, Northern
Mariana Islands, shall be known and designated as the ``Segundo
T. Sablan and CNMI Fallen Military Heroes Post Office
Building''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``Segundo T. Sablan and CNMI Fallen Military
Heroes Post Office Building''.
(j) Abner J. Mikva Post Office Building.--
(1) Designation.--The facility of the United States Postal
Service located at 1101 Davis Street in Evanston, Illinois,
shall be known and designated as the ``Abner J. Mikva Post
Office Building''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility referred to in paragraph (1) shall be deemed to be a
reference to the ``Abner J. Mikva Post Office Building''.
SEC. 2. ESTABLISHING NEW ZIP CODES.
Not later than September 30, 2017, the United States Postal Service
shall designate a single, unique ZIP code for, as nearly as
practicable, each of the following communities:
(1) Miami Lakes, Florida.
(2) Storey County, Nevada.
(3) Flanders, Northampton, and Riverside in the Town of
Southampton, New York.
(4) Ocoee, Florida.
(5) Glendale, New York.
Passed the House of Representatives November 30, 2016.
Attest:
KAREN L. HAAS,
Clerk.
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This bill designates: the United States Postal Service (USPS) facility located at 1221 State Street, Suite 12, Santa Barbara, California, as the "Special Warfare Operator Master Chief Petty Officer (SEAL) Louis 'Lou' J. Langlais Post Office Building"; the facility located at 23323 Shelby Road, Shelby, Indiana, as the "Richard Allen Cable Post Office"; the facility located at 3031 Veterans Road West, Staten Island, New York, as the "Leonard Montalto Post Office Building"; the facility located at 401 McElroy Drive, Oxford, Mississippi, as the "Army First Lieutenant Donald C. Carwile Post Office Building"; the facility located at 14231 TX-150, Coldspring, Texas, as the "E. Marie Youngblood Post Office"; the facility located at 810 N. U.S. Highway 83, Zapata, Texas, as the "Zapata Veterans Post Office"; the facility located at 2886 Sandy Plains Road, Marietta, Georgia, as the "Marine Lance Corporal Squire 'Skip' Wells Post Office Building"; the facility located at 6300 N. Northwest Highway, Chicago, Illinois, as the "Officer Joseph P. Cali Post Office Building; the facility located at 1 Chalan Kanoa VLG, Saipan, Northern Mariana Islands, as the "Segundo T. Sablan and CNMI Fallen Military Heroes Post Office Building"; and the facility located at 1101 Davis Street, Evanstan, Illinois, as the "Abner J. Mikva Post Office Building." The USPS must designate, by September 30, 2017, a single, unique ZIP code for each of: Miami Lakes, Florida; Storey County, Nevada; Flanders, Northampton, and Riverside in Southampton, New York; Ocoee, Florida; and Glendale, New York.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tropical Forest and Coral
Conservation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Subsection (a) of section 802 of the Tropical Forest
Conservation Act of 1998 (22 U.S.C. 2431) is amended--
(1) in paragraphs (1), (6), and (7), by striking ``tropical
forests'' each place it appears and inserting ``tropical
forests and coral reefs and associated coastal marine
ecosystems'';
(2) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively;
(3) by inserting after paragraph (2) the following:
``(3) Coral reefs and associated coastal marine ecosystems
provide a wide range of benefits to mankind by--
``(A) harboring more species per unit area than any
other marine habitat, providing the basis for
developing pharmaceutical products and fostering a
growing marine tourism sector;
``(B) providing a major source of food and jobs for
hundreds of millions of coastal residents; and
``(C) serving as natural storm barriers, thus
protecting vulnerable shorelines and communities from
storm waves and erosion.''; and
(4) in paragraph (4) (as redesignated)--
(A) by inserting ``and coral reef and associated
coastal marine ecosystems'' after ``forest resources'';
and
(B) by inserting ``and coral reef and associated
coastal marine ecosystem exploitation'' after
``tropical deforestation''.
(b) Purposes.--Subsection (b) of such section is amended--
(1) in paragraphs (1), (3), and (4), by striking ``tropical
forests'' each place it appears and inserting ``tropical
forests and coral reefs and associated coastal marine
ecosystems''; and
(2) in paragraph (2)--
(A) by striking ``tropical forests'' the first and
third place it appears and inserting ``tropical forests
and coral reefs and associated coastal marine
ecosystems'';
(B) by striking ``tropical forests'' the second
place it appears and inserting ``areas''; and
(C) by inserting at the end before the semicolon
the following: ``and unsustainable coral reef and
associated coastal marine ecosystem exploitation''.
SEC. 3. DEFINITIONS.
Section 803 of the Tropical Forest Conservation Act of 1998 (22
U.S.C. 2431a) is amended--
(1) in paragraph (2)(A), by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs'';
(2) by striking paragraphs (4), (7), (8), and (9);
(3) in paragraph (5)--
(A) in the heading, by striking ``tropical forest''
and inserting ``tropical forest or coral reef or
associated coastal marine ecosystem'';
(B) in the matter preceding subparagraph (A), by
striking ``tropical forest'' and inserting ``tropical
forest or coral reef or associated coastal marine
ecosystem''; and
(C) in subparagraph (B)--
(i) by striking ``tropical forest'' and
inserting ``tropical forest or coral reef or
associated coastal marine ecosystem''; and
(ii) by striking ``tropical forests'' and
inserting ``tropical forests or coral reefs or
associated coastal marine ecosystems'';
(4) by redesignating paragraphs (5) and (6) as paragraphs
(9) and (10), respectively; and
(5) by inserting after paragraph (3) the following:
``(4) Conservation agreement.--The term `Conservation
Agreement' or `Agreement' means a Conservation Agreement
provided for in section 809.
``(5) Conservation facility.--The term `Conservation
Facility' or `Facility' means the Conservation Facility
established in the Department of the Treasury by section 804.
``(6) Conservation fund.--The term `Conservation Fund' or
`Fund' means a Conservation Fund provided for in section 810.
``(7) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals), Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), and Coenothecalia (blue
coral), of the class Anthozoa; and
``(B) all species of the order Hydrocorallina (fire
corals and hydrocorals) of the class Hydrozoa.
``(8) Coral reef.--The term `coral reef' means any reef or
shoal composed primarily of corals.''.
SEC. 4. ESTABLISHMENT OF THE FACILITY.
Section 804 of the Tropical Forest Conservation Act of 1988 (22
U.S.C. 2431b) is amended by striking ``Tropical Forest Facility'' and
inserting ``Conservation Facility''.
SEC. 5. ELIGIBILITY FOR BENEFITS.
Section 805(a) of the Tropical Forest Conservation Act of 1998 (22
U.S.C. 2431c(a)) is amended by striking ``tropical forest'' and
inserting ``tropical forest or coral reef or associated coastal marine
ecosystem''.
SEC. 6. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF
CONCESSIONAL LOANS UNDER THE FOREIGN ASSISTANCE ACT OF
1961.
(a) Additional Terms and Conditions.--Subsection (c)(2) of section
806 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431d)
is amended by striking ``Tropical Forest Fund'' and inserting
``Conservation Fund''.
(b) Authorization of Appropriations.--Subsection (d)(6) of such
section is amended by striking ``fiscal year 2007'' and inserting
``each of the fiscal years 2007 through 2011''.
(c) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Subsection (e) of such section is
amended to read as follows:
``(e) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Of the amounts made available to carry
out this part for a fiscal year, up to $300,000 is authorized to be
made available to carry out audits, evaluations, monitoring, and
administration of programs under this part, including personnel costs
associated with such audits, evaluations, monitoring, and
administration.''.
SEC. 7. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF
CREDITS EXTENDED UNDER TITLE I OF THE AGRICULTURAL TRADE
DEVELOPMENT AND ASSISTANCE ACT OF 1954.
Section 807(c)(2) of the Tropical Forest Conservation Act of 1998
(22 U.S.C. 2431e(c)(2)) is amended by striking ``Tropical Forest Fund''
and inserting ``Conservation Fund''.
SEC. 8. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR
GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT-BUYBACKS.
Section 808(a)(5) of the Tropical Forest Conservation Act of 1998
(22 U.S.C. 2431f(a)(5)) is amended by adding at the end the following:
``(C) United states government representation on
the administering body.--One or more individuals
appointed by the United States Government may serve in
an official capacity on the administering body that
oversees the implementation of grants arising from this
debt-for-nature swap or debt buy-back regardless of
whether the United States is a party to any agreement
between the eligible purchaser and the government of
the beneficiary country.''.
SEC. 9. CONSERVATION AGREEMENT.
(a) Authority.--Subsection (a) of section 809 of the Tropical
Forest Conservation Act of 1998 (22 U.S.C. 2431g) is amended--
(1) by striking ``(a) Authority.--'' and all that follows
through ``The Secretary of State'' and inserting ``(a)
Authority.--The Secretary of State'';
(2) by striking ``Tropical Forest Agreement'' and inserting
``Conservation Agreement''; and
(3) by striking paragraph (2).
(b) Administering Body.--Subsection (c)(2)(A) of such section is
amended--
(1) in clause (i), by inserting at the end before the
semicolon the following: ``to serve in an official capacity'';
and
(2) in clause (iii)(III), by inserting ``or marine'' after
``forestry''.
(c) Eligible Activities.--Subsection (d) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking
``the tropical forests'' and inserting ``tropical forests or
coral reefs or associated coastal marine ecosystems'';
(2) in paragraph (2), by inserting ``and water'' after
``land'';
(3) in paragraph (5), by striking ``tropical forest''; and
(4) in paragraph (6), by striking ``living in or near a
tropical forest in a manner consistent with protecting such
tropical forest'' and inserting ``dependent on a tropical
forest or coral reef or associated coastal marine ecosystem in
a manner consistent with protecting and conserving such
resources''.
(d) Grant Recipients.--Subsection (e)(1) of such section is
amended--
(1) in subparagraph (A), by inserting ``marine,'' after
``forestry,''; and
(2) in subparagraph (C), by striking ``in exceptional
circumstances, the government of the beneficiary country'' and
inserting ``in limited circumstances, the government of the
beneficiary country when needed to improve governance and
enhance management of tropical forests or coral reefs or
associated coastal marine ecosystems, without replacing
existing levels of financial efforts by the government of the
beneficiary country and with priority given to projects that
complement grants made under subparagraphs (A) and (B)''.
(e) Review of Larger Grants.--Subsection (f) of such section is
amended to read as follows:
``(f) Review of Larger Grants.--Any grant of more than $250,000
from a Fund shall be approved by the Government of the United States
and the government of the beneficiary country.''.
(f) Conforming Amendment.--The heading of such section is amended
by striking ``tropical forest'' and inserting ``conservation''.
SEC. 10. CONSERVATION FUND.
(a) Establishment.--Subsection (a) of section 810 of the Tropical
Forest Conservation Act of 1998 (22 U.S.C. 2431h) is amended--
(1) by striking ``Tropical Forest Agreement'' and inserting
``Conservation Agreement''; and
(2) by striking ``Tropical Forest Fund'' and inserting
``Conservation Fund''.
(b) Technical and Conforming Amendments.--Such section is amended--
(1) in subsection (b), by striking ``terms as conditions''
and inserting ``terms and conditions''; and
(2) in the heading, by striking ``tropical forest'' and
inserting ``conservation''.
SEC. 11. BOARD.
Section 811 of the Tropical Forest Conservation Act of 1998 (22
U.S.C. 2431i) is hereby repealed.
SEC. 12. ANNUAL REPORTS TO THE CONGRESS.
Section 813 of the Tropical Forest Conservation Act of 1998 (22
U.S.C. 2431k) is amended--
(1) by striking ``(a) In General.--'';
(2) by striking ``December 31'' and inserting ``April 15'';
(3) by striking ``fiscal year'' each place it appears and
inserting ``calendar year''; and
(4) by striking subsection (b).
SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Part Heading.--The heading of part V of the Foreign Assistance
Act of 1961 is amended by striking ``tropical forests'' and inserting
``tropical forests or coral reefs or associated coastal marine
ecosystems''.
(b) Short Title.--
(1) Amendment.--Section 801 of the Tropical Forest
Conservation Act of 1998 (22 U.S.C. 2151 note) is amended by
striking ``Tropical Forest Conservation Act of 1998'' and
inserting ``Tropical Forest and Coral Conservation Act of
2009''.
(2) References.--Any reference in a law, regulation,
document, or other record of the United States to the Tropical
Forest Conservation Act of 1998 shall be deemed to be a
reference to the Tropical Forest and Coral Conservation Act of
2009.
(c) Redesignation.--Part V of the Foreign Assistance Act of 1961
(22 U.S.C. 2431 et seq.) is amended by redesignating sections 812 and
813 as sections 811 and 812, respectively.
(d) Other Amendments.--Section 703(a)(5) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``or, as appropriate in exceptional circumstances,'' and
inserting ``or''; and
(2) in subparagraph (A), by striking ``or an arrangement
under the structural adjustment facility or enhanced structural
adjustment facility, or in exceptional circumstances, a Fund
monitored program or its equivalent,'' and inserting ``an
arrangement under the structural adjustment facility or
enhanced structural adjustment facility, a Fund monitored
program, or is implementing sound macroeconomic policies,''.
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Tropical Forest and Coral Conservation Act - Amends the Tropical Forest Conservation Act of 1998 to make forests, coral reefs, and associated coastal marine ecosystem activities eligible for U.S. debt reduction benefits for developing countries. (Currently, such provision applies to tropical forests.)
Renames: (1) the Tropical Forest Facility as the Conservation Facility; and (2) a Tropical Forest Agreement as a Conservation Agreement.
Extends authorization of appropriations for debt reduction.
Authorizes U.S. government representation on the administering body that oversees the implementation of grants arising from debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the purchaser and the beneficiary country government.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cold War Victory Medal Act''.
SEC. 2. FINDINGS.
(a) In General.--Congress finds the following:
(1) The United States Armed Forces engaged the forces of
international communism from September 2, 1945, the end of
World War II, through December 26, 1991, the date of the
disintegration of the former Soviet Union.
(2) During that extended period, the United States relied
for the security of the Nation and its interests on the
performance by the Armed Forces of their obligation to serve
and defend the United States.
(3) The defeat of the former Soviet Union and its Warsaw
Pact allies constituted the greatest success of the Armed
Forces since the end of World War II.
(4) Many members of the Armed Forces who served the Nation
during the prolonged period of the Cold War have not received
the tangible recognition that they are due for that service.
(b) Reaffirmation of Prior Findings.--Congress reaffirms the
findings in section 1084 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 10 U.S.C. note prec. 1121; 111
Stat. 1919-1920), which commended members of the Armed Forces and
Government civilian personnel who served during the Cold War, and notes
that that section provided for the issuance of a certificate of
recognition for those members and personnel.
SEC. 3. COLD WAR VICTORY MEDAL.
(a) Authority.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1134. Cold War Victory Medal
``(a) Medal Authorized.--The Secretary concerned shall issue a
service medal, to be known as the `Cold War Victory Medal', to persons
eligible to receive the medal under subsection (b). The Cold War
Victory Medal shall be of an appropriate design approved by the
Secretary of Defense, with ribbons, lapel pins, and other
appurtenances.
``(b) Eligible Persons.--The following persons are eligible to
receive a Cold War Victory Medal:
``(1) A person who--
``(A) performed active duty or inactive duty
training as an enlisted member during the Cold War;
``(B) completed the person's initial term of
enlistment or, if discharged before completion of such
initial term of enlistment, was honorably discharged
after completion of not less than 180 days of service
on active duty; and
``(C) has not received a discharge less favorable
than an honorable discharge or a release from active
duty with a characterization of service less favorable
than honorable.
``(2) A person who--
``(A) performed active duty or inactive duty
training as a commissioned officer or warrant officer
during the Cold War;
``(B) completed the person's initial service
obligation as an officer or, if discharged or separated
before completion of such initial service obligation,
was honorably discharged after completion of not less
than 180 days of service on active duty; and
``(C) has not been released from active duty with a
characterization of service less favorable than
honorable and has not received discharge or separation
less favorable than an honorable discharge.
``(c) One Medal Authorized.--Not more than one Cold War Victory
Medal may be issued to or on behalf of any person described in
subsection (b).
``(d) Issuance to Representative of Deceased.--If a person
described in subsection (b) dies before being issued a Cold War Victory
Medal, the medal shall be presented to the person's representative, as
designated by the Secretary concerned.
``(e) Replacement.--Under regulations prescribed by the Secretary
concerned, a Cold War Victory Medal that is lost, destroyed, or
rendered unfit for use without fault or neglect on the part of the
person to whom it was issued may be replaced without charge.
``(f) Application for Medal.--The Secretary concerned shall issue a
Cold War Victory Medal to or on behalf of a person described in
subsection (b) upon receipt by the Secretary concerned of an
application for such medal, submitted in accordance with such
regulations as the Secretary prescribes.
``(g) Uniform Regulations.--The Secretary of Defense shall ensure
that regulations prescribed under this section by the Secretaries of
the military departments are uniform so far as is practicable.
``(h) Definition.--In this section, the term `Cold War' means the
period beginning on September 2, 1945, and ending on December 26,
1991.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1134. Cold War Victory Medal.''.
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Cold War Victory Medal Act - Directs the Secretary of the military department concerned, upon application, to issue Cold War Victory service medals to military personnel who served honorably during the Cold War era (September 2, 1945, through December 26, 1991).
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Survivor's Benefits Act of
2000''.
SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH.
(a) Old-age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendments.--Section 202(b)(5)(B) of such
Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of such Act (42 U.S.C.
402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendments.--Section 202(c)(5)(B) of such
Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42
U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42
U.S.C. 402(e)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: she
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which she remarries or''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: he
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which he dies or (if earlier) with
the month preceding the first month in which he remarries or''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42
U.S.C. 402(h)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: such
parent dies, marries,'' in the matter following subparagraph (E) and
inserting ``ending with the month in which such parent dies or (if
earlier) with the month preceding the first month in which such parent
marries, or such parent''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of such Act
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month
preceding whichever of the following months is the earliest: the month
in which he dies,'' in the matter following subparagraph (D) and
inserting the following: ``ending with the month in which he dies or
(if earlier) with the month preceding the earlier of'' and by striking
the comma after ``216(l))''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).
SEC. 3. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM
PROVISIONS.
Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is
amended by adding at the end the following new paragraph:
``(11) Notwithstanding any other provision of this Act, in applying
the preceding provisions of this subsection (and determining maximum
family benefits under column V of the table in or deemed to be in
section 215(a) as in effect in December 1978) with respect to the month
in which the insured individual's death occurs, the benefit payable to
such individual for that month shall be disregarded.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the month in which this Act is enacted.
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Provides for disregard of such benefits for the individual for the month of death under provisions for determining maximum family benefits.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blackfoot River Land Settlement Act
of 2010''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) it is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and encourage
the resolution of disputes over historical claims through
mutually agreed-upon settlements between Indian tribes and the
United States;
(2) the Shoshone-Bannock Tribes, a federally recognized
Indian tribe with tribal headquarters at Fort Hall, Idaho--
(A) adopted a tribal constitution and bylaws on
March 31, 1936, that were approved by the Secretary of
the Interior on April 30, 1936, pursuant to the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known
as the ``Indian Reorganization Act'');
(B) has entered into various treaties with the
United States, including the Second Treaty of Fort
Bridger, executed on July 3, 1868; and
(C) has maintained a continuous government-to-
government relationship with the United States since
the earliest years of the Union;
(3)(A) in 1867, President Andrew Johnson designated by
Executive order the Fort Hall Reservation for various bands of
Shoshone and Bannock Indians;
(B) the Reservation is located near the cities of Blackfoot
and Pocatello in southeastern Idaho; and
(C) article 4 of the Second Treaty of Fort Bridger secured
the Reservation as a ``permanent home'' for the Shoshone-
Bannock Tribes;
(4)(A) according to the Executive order referred to in
paragraph (3)(A), the Blackfoot River, as the river existed in
its natural state--
(i) is the northern boundary of the Reservation;
and
(ii) flows in a westerly direction along that
northern boundary; and
(B) within the Reservation, land use in the River watershed
is dominated by--
(i) rangeland;
(ii) dry and irrigated farming; and
(iii) residential development;
(5)(A) in 1964, the Corps of Engineers completed a local
flood protection project on the River--
(i) authorized by section 204 of the Flood Control
Act of 1950 (64 Stat. 170); and
(ii) sponsored by the Blackfoot River Flood Control
District No. 7;
(B) the project consisted of building levees, replacing
irrigation diversion structures, replacing bridges, and channel
realignment; and
(C) the channel realignment portion of the project severed
various parcels of land located contiguous to the River along
the boundary of the Reservation, resulting in Indian land being
located north of the Realigned River and non-Indian land being
located south of the Realigned River;
(6) beginning in 1999, the Cadastral Survey Office of the
Bureau of Land Management conducted surveys of--
(A) 25 parcels of Indian land; and
(B) 19 parcels of non-Indian land;
(7) in 1988, many non-Indian landowners and non-Indians
acquiring Indian land filed claims in the Snake River Basin
Adjudication seeking water rights that included a place of use
on Indian land; and
(8) the enactment of this Act and the distribution of funds
in accordance with section 12(b) would represent an agreement
among--
(A) the Tribes;
(B) the allottees;
(C) the non-Indians acquiring Indian land; and
(D) the non-Indian landowners.
(b) Purposes.--The purposes of this Act are--
(1) to resolve the disputes resulting from realignment of
the River by the Corps of Engineers during calendar year 1964
pursuant to the project described in subsection (a)(5)(A); and
(2) to achieve a fair, equitable, and final settlement of
all claims and potential claims arising from those disputes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Allottee.--The term ``allottee'' means an heir of an
original allottee of the Reservation who owns an interest in a
parcel of land that is--
(A) held in trust by the United States for the
benefit of the Tribes or allottee; and
(B) located north of the Realigned River within the
exterior boundaries of the Reservation.
(2) Indian land.--The term ``Indian land'' means any parcel
of land that is--
(A) held in trust by the United States for the
benefit of the Tribes or the allottees;
(B) located north of the Realigned River; and
(C) identified in exhibit C of the survey of the
Bureau of Land Management titled ``Survey of the
Blackfoot River of 2002 to 2005'', which is located
at--
(i) the Fort Hall Indian Agency office of
the Bureau of Indian Affairs; and
(ii) the Blackfoot River Flood Control
District No. 7, 75 East Judicial, Blackfoot,
Idaho.
(3) Non-indian acquiring indian land.--The term ``non-
Indian acquiring Indian land'' means any individual or entity
that--
(A) has acquired or plans to acquire Indian land;
and
(B) is included on the list in exhibit C of the
survey referred to in paragraph (2)(C).
(4) Non-indian land.--The term ``non-Indian land'' means
any parcel of fee land that is--
(A) located south of the Realigned River; and
(B) identified in exhibit B of the survey referred
to in paragraph (2)(C).
(5) Non-indian landowner.--The term ``non-Indian
landowner'' means any individual who holds fee title to non-
Indian land.
(6) Realigned river.--The term ``Realigned River'' means
that portion of the River that was realigned by the Corps of
Engineers during calendar year 1964 pursuant to the project
described in section 2(a)(5).
(7) Reservation.--The term ``Reservation'' means the Fort
Hall Reservation established by Executive order during calendar
year 1867.
(8) River.--The term ``River'' means the Blackfoot River
located in the State of Idaho.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) Tribes.--The term ``Tribes'' means the Shoshone-
Bannock Tribes.
SEC. 4. EXTINGUISHMENT OF CLAIMS AND TITLE.
Except as provided in sections 5 and 6, effective beginning on the
date on which the amounts appropriated pursuant to section 12 are
distributed in accordance with that section, all claims and all past,
present, and future right, title, and interest in and to the Indian
land and non-Indian land shall be extinguished.
SEC. 5. LAND TO BE PLACED INTO TRUST FOR TRIBES.
Effective beginning on the date on which the amounts appropriated
pursuant to section 12 are distributed in accordance with that section
to the Blackfoot River Flood Control District No. 7, the non-Indian
land shall be considered to be held in trust by the United States for
the benefit of the Tribes.
SEC. 6. TRUST LAND TO BE CONVERTED TO FEE LAND.
Effective beginning on the date on which the amounts appropriated
pursuant to section 12 are distributed in accordance with that section
to the tribal trust fund account and the allottee trust account, the
Indian land shall be transferred to the Blackfoot River Flood Control
District No. 7 for conveyance to the non-Indians acquiring Indian land.
SEC. 7. TRIBAL TRUST FUND ACCOUNT AND ALLOTTEE TRUST ACCOUNT.
(a) Tribal Trust Fund Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``tribal trust
fund account'', consisting of such amounts as are deposited in
the account under section 12(b)(1).
(2) Investment.--The Secretary of the Treasury shall invest
amounts in the tribal trust fund account for the benefit of the
Tribes, in accordance with applicable laws and regulations.
(3) Distribution.--The Secretary of the Treasury shall
distribute amounts in the tribal trust fund account to the
Tribes pursuant to a budget adopted by the Tribes that
describes--
(A) the amounts required by the Tribes; and
(B) the intended uses of the amounts, in accordance
with paragraph (4).
(4) Use of funds.--The Tribes may use amounts in the tribal
trust fund account (including interest earned on those
amounts), without fiscal year limitation, for activities
relating to--
(A) construction of a natural resources facility;
(B) water resources needs;
(C) economic development;
(D) land acquisition; and
(E) such other purposes as the Tribes determine to
be appropriate.
(b) Allottee Trust Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``allottee
trust account'', consisting of such amounts as are deposited in
the account under section 12(b)(2).
(2) Deposit into iims.--Not later than 60 days after the
date on which amounts are deposited in the allottee trust
account under section 12(b)(2), the Secretary of the Treasury
shall deposit the amounts into individual Indian money accounts
for the allottees.
(3) Investment.--The Secretary of the Treasury shall invest
amounts in the individual Indian money accounts under paragraph
(2) in accordance with applicable laws and regulations.
SEC. 8. ATTORNEYS FEES.
(a) In General.--Subject to subsection (b), of the amounts
appropriated pursuant to section 12(a), the Secretary shall pay to the
attorneys of the Tribes and the non-Indian landowners such attorneys
fees as are approved by the Tribes and the non-Indian landowners.
(b) Limitation.--The total amount of attorneys fees paid by the
Secretary under subsection (a) shall not exceed 2 percent of the
amounts distributed to the Tribes, allottees, and the non-Indian
landowners under section 12(b).
SEC. 9. EFFECT ON ORIGINAL RESERVATION BOUNDARY.
Nothing in this Act affects the original boundary of the
Reservation, as established by Executive order during calendar year
1867 and confirmed by treaty during calendar year 1868.
SEC. 10. EFFECT ON TRIBAL WATER RIGHTS.
Nothing in this Act extinguishes or conveys any water right of the
Tribes, as established in the agreement entitled ``1990 Fort Hall
Indian Water Rights Agreement'' and ratified by section 4 of the Fort
Hall Indian Water Rights Act of 1990 (Public Law 101-602; 104 Stat.
3060).
SEC. 11. DISCLAIMERS REGARDING CLAIMS.
Nothing in this Act--
(1) affects in any manner the sovereign claim of the State
of Idaho to title in and to the beds and banks of the River
under the equal footing doctrine of the Constitution of the
United States;
(2) affects any action by the State of Idaho to establish
that title under section 2409a of title 28, United States Code
(commonly known as the ``Quiet Title Act'');
(3) affects the ability of the Tribes or the United States
to claim ownership of the beds and banks of the River; or
(4) extinguishes or conveys any water rights of non-Indian
landowners or the claims of the landowners to water rights in
the Snake River Basin Adjudication.
SEC. 12. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $1,000,000.
(b) Distribution.--After the date on which all attorneys fees are
paid under section 8, the amount appropriated pursuant to subsection
(a) shall be distributed among the Tribes, the allottees, and the
Blackfoot River Flood Control District No. 7 as follows:
(1) 28 percent shall be deposited into the tribal trust
fund account established by section 7(a)(1).
(2) 25 percent shall be deposited into the allottee trust
account established by section 7(b)(1).
(3) 47 percent shall be provided to the Blackfoot River
Flood Control District No. 7 for--
(A) distribution to the non-Indian landowners on a
pro rata, per-acre basis; and
(B) associated administrative expenses.
(c) Per Capita Payments Prohibited.--No amount received by the
Tribes under this Act shall be distributed to a member of the Tribes on
a per capita basis.
SEC. 13. EFFECTIVE DATE.
This Act takes effect on the date on which the amount described in
section 12(a) is appropriated.
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Blackfoot River Land Settlement Act of 2010- Extinguishes all claims and all right, title, and interest in and to specified Indian and non-Indian land with respect to resolution of the disputes within the Fort Hall Indian Reservation of the Shoshone and Bannock Indian Tribes located in Idaho, resulting from the realignment of the Blackfoot River by the Corps of Engineers in 1964.
Requires the non-Indian land to be held in trust for the Tribes.
Transfers the Indian land to Blackfoot River Flood Control District No. 7 for conveyance to the non-Indians acquiring Indian land.
Establishes a tribal trust fund account from which amounts shall be distributed to the Tribes, which they may use for activities related to: (1) construction of a natural resources facility; (2) water resources needs; (3) economic development; and (4) land acquisition.
Establishes an allottee trust account into which amounts shall be deposited into individual Indian money accounts for the allottees.
Requires the Secretary of the Interior to pay to the Tribes and the non-Indian landowners such attorneys fees as are approved by them. Limits the total amount of such fees to be paid to 2% of the amounts distributed to the Tribes, allottees, and the non-Indian landowners.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Score Competition Act of
2017''.
SEC. 2. CREDIT SCORE VALIDATION; VALIDATION PROCESS.
(a) Use of Credit Scores by Fannie Mae in Purchasing Residential
Mortgages.--Section 302(b) of the Federal National Mortgage Association
Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the
following:
``(7)(A) Definition.--In this paragraph, the term `credit score'
means a numerical value or a categorization derived from a statistical
tool or modeling system used by a person who makes or arranges a loan
to predict the likelihood of certain credit behaviors, including
default.
``(B) Use of Credit Scores.--The corporation may condition purchase
of a residential mortgage by the corporation under this subsection on
the provision of a credit score for the borrower only if--
``(i) the credit score is derived from any credit scoring
model that has been validated and approved by the corporation
under this paragraph;
``(ii) the corporation has established and made publicly
available a description of the process the corporation will use
to validate and approve credit scoring models, which process
shall comply with any standards and criteria established by the
Director of the Federal Housing Finance Agency pursuant to
section 1328 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992; and
``(iii) the corporation provides for the use of the credit
score by all of the automated underwriting systems of the
corporation and any other procedures and systems used by the
corporation to purchase residential mortgages.
``(C) Validation and Approval Process.--The process described in
subparagraph (B)(ii) shall include an evaluation of--
``(i) the criteria used to validate and approve a credit
scoring model, including measures of the integrity,
reliability, and accuracy of that model, and an assurance that
the model is consistent with the safe and sound operation of
the corporation; and
``(ii) the data necessary for the validation of the credit
scoring model.
``(D) Application.--If the corporation elects to use a credit score
under this paragraph, the corporation shall solicit applications from
developers of credit scoring models for the validation and approval of
those models under the process described in subparagraph (B)(ii).
``(E) Timeframe for Determination; Notice.--
``(i) In general.--The corporation shall make a
determination with respect to any application submitted under
subparagraph (D), and provide notice of that determination to
the applicant, before a date established by the corporation
that is not later than 180 days after the date on which an
application is submitted to the corporation.
``(ii) Extensions.--The Director of the Federal Housing
Finance Agency may authorize up to 2 extensions of the date
established under clause (i), each of which shall not exceed 30
days, upon a written request and a showing of good cause by the
corporation.
``(iii) Status notice.--The corporation shall provide
notice to an applicant regarding the status of an application
submitted under subparagraph (D) not later than 60 days after
the date on which the application was submitted to the
corporation.
``(iv) Reasons for disapproval.--If an application
submitted under subparagraph (D) is disapproved, the
corporation shall provide to the applicant the reasons for the
disapproval not later than 30 days after a determination is
made under this subparagraph.
``(F) Authority of Director.--If the corporation elects to use a
credit score under this paragraph, the Director of the Federal Housing
Finance Agency shall require the corporation to routinely update the
validation and approval process described in subparagraph (B)(ii) as
the Director determines necessary to ensure that the process remains
appropriate, adequate, and complies with any standards and criteria
established pursuant to section 1328 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992.''.
(b) Use of Credit Scores by Freddie Mac in Purchasing Residential
Mortgages.--Section 305 of the Federal Home Loan Mortgage Corporation
Act (12 U.S.C. 1454) is amended by adding at the end the following:
``(d)(1) Definition.--In this subsection, the term `credit score'
means a numerical value or a categorization derived from a statistical
tool or modeling system used by a person who makes or arranges a loan
to predict the likelihood of certain credit behaviors, including
default.
``(2) Use of Credit Scores.--The Corporation may condition purchase
of a residential mortgage by the Corporation under this section on the
provision of a credit score for the borrower only if--
``(A) the credit score is derived from any credit scoring
model that has been validated and approved by the Corporation
under this subsection;
``(B) the Corporation has established and made publicly
available a description of the process the Corporation will use
to validate and approve credit scoring models, which shall
comply with any standards and criteria established by the
Director of the Federal Housing Finance Agency pursuant to
section 1328 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992; and
``(C) the Corporation provides for use of the credit score
by all of the automated underwriting systems of the Corporation
and any other procedures and systems used by the Corporation to
purchase residential mortgages.
``(3) Validation and Approval Process.--The process described in
paragraph (2)(B) shall include an evaluation of--
``(A) the criteria used to validate and approve a credit
scoring model, including measures of the integrity,
reliability, and accuracy of that model and an assurance that
the model is consistent with the safe and sound operation of
the Corporation; and
``(B) the data necessary for the validation of the credit
scoring model.
``(4) Application.--If the Corporation elects to use a credit score
under this subsection, the Corporation shall solicit applications from
developers of credit scoring models for the validation and approval of
those models under the process described in paragraph (2)(B).
``(5) Timeframe for Determination; Notice.--
``(A) In general.--The Corporation shall make a
determination with respect to any application submitted under
paragraph (4), and provide notice of that determination to the
applicant, before a date established by the Corporation that is
not later than 180 days after the date on which an application
is submitted to the Corporation.
``(B) Extensions.--The Director of the Federal Housing
Finance Agency may authorize up to 2 extensions of the date
established under subparagraph (A), each of which shall not
exceed 30 days, upon the written request and a showing of good
cause by the Corporation.
``(C) Status notice.--The Corporation shall provide notice
to an applicant regarding the status of an application
submitted under paragraph (4) not later than 60 days after the
date on which the application was submitted to the Corporation.
``(D) Reasons for disapproval.--If an application submitted
under paragraph (4) is disapproved, the Corporation shall
provide to the applicant the reasons for the disapproval not
later than 30 days after a determination is made under this
paragraph.
``(6) Authority of Director.--If the Corporation elects to use a
credit score under this subsection, the Director of the Federal Housing
Finance Agency shall require the Corporation to routinely update the
validation and approval process described in paragraph (2)(B) as the
Director determines necessary to ensure that the process remains
appropriate, adequate, and complies with any standards and criteria
established pursuant to section 1328 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992.''.
SEC. 3. AUTHORITY OF DIRECTOR OF THE FEDERAL HOUSING FINANCE AGENCY.
Subpart A of part 2 of subtitle A of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4541
et seq.) is amended by adding at the end the following:
``SEC. 1328. REGULATIONS FOR USE OF CREDIT SCORES.
``The Director may, by regulation, establish standards and criteria
for any process used by an enterprise to validate and approve credit
scoring models pursuant to section 302(b)(7) of the Federal National
Mortgage Association Charter Act and section 305(d) of the Federal Home
Loan Mortgage Corporation Act.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 180 days after the date of enactment of this Act.
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Credit Score Competition Act of 2017 This bill amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to allow the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), when determining whether to purchase a residential mortgage, to consider a borrower's credit score only if certain procedural requirements are met with respect to the validation and approval of credit-scoring models. The Federal Housing Finance Agency may, by regulation, establish standards and criteria for processes used by Fannie Mae and Freddie Mac to validate and approve credit-scoring models in accordance with the bill.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Freedom Support Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN
Sec. 101. Codification of sanctions.
TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996
Sec. 201. Multilateral regime.
Sec. 202. Imposition of sanctions.
Sec. 203. Termination of sanctions.
Sec. 204. Sunset.
Sec. 205. Clarification and expansion of definitions.
TITLE III--DEMOCRACY IN IRAN
Sec. 301. Declaration of Congress regarding United States policy toward
Iran.
Sec. 302. Assistance to support democracy in Iran.
Sec. 303. Sense of Congress regarding designation of democratic
opposition organizations.
TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN
SEC. 101. CODIFICATION OF SANCTIONS.
(a) Codification of Sanctions Related to Weapons of Mass
Destruction.--United States sanctions, controls, and regulations
relating to weapons of mass destruction with respect to Iran, as in
effect on the date of enactment of this Act, shall remain in effect,
until the President certifies to the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate that the Government of Iran has permanently and
verifiably dismantled its weapons of mass destruction programs and has
committed to combating the proliferation of such weapons.
(b) No Effect on Other Sanctions Relating to Support for Acts of
International Terrorism.--Notwithstanding a certification by the
President under subsection (a), United States sanctions, controls, and
regulations relating to a determination under section 6(j)(1)(A) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)),
section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2371(a)), or section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)) relating to support for acts of international terrorism by the
Government of Iran, as in effect on the date of the enactment of this
Act, shall remain in effect.
TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996
SEC. 201. MULTILATERAL REGIME.
(a) Reports to Congress.--Section 4(b) of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as
follows:
``(b) Reports to Congress.--Not later than six months after the
date of the enactment of the Iran Freedom Support Act and every six
months thereafter, the President shall submit to the appropriate
congressional committees a report regarding specific diplomatic efforts
undertaken pursuant to subsection (a), the results of those efforts,
and a description of proposed diplomatic efforts pursuant to such
subsection. Each report shall include--
``(1) a list of the countries that have agreed to undertake
measures to further the objectives of section 3 with respect to
Iran;
``(2) a description of those measures, including--
``(A) government actions with respect to public or
private entities (or their subsidiaries) located in
their territories, that are engaged in Iran;
``(B) any decisions by the governments of these
countries to rescind or continue the provision of
credits, guarantees, or other governmental assistance
to these entities; and
``(C) actions taken in international fora to
further the objectives of section 3;
``(3) a list of the countries that have not agreed to
undertake measures to further the objectives of section 3 with
respect to Iran, and the reasons therefor; and
``(4) a description of any memorandums of understanding,
political understandings, or international agreements to which
the United States has acceded which affect implementation of
this section or section 5(a).''.
(b) Waiver.--Section 4(c) of such Act (50 U.S.C. 1701 note) is
amended to read as follows:
``(c) Waiver.--
``(1) In general.--The President may, on a case by case
basis, waive for a period of not more than six months the
application of section 5(a) with respect to a national of a
country, if the President certifies to the appropriate
congressional committees at least 30 days before such waiver is
to take effect that--
``(A) such waiver is vital to the national security
of the United States; and
``(B) the country of the national has undertaken
substantial measures to prevent the acquisition and
development of weapons of mass destruction by the
Government of Iran.
``(2) Subsequent renewal of waiver.--If the President
determines that such is appropriate, the President may, at the
conclusion of the period of a waiver under paragraph (1), renew
such waiver for a subsequent period of not more than six
months.''.
(c) Investigations.--Section 4 of such Act (50 U.S.C. 1701 note) is
amended by adding at the end the following new subsection:
``(f) Investigations.--
``(1) In general.--Upon public or private disclosure of
activity related to investment in Iran by a person as described
in this Act, the President shall direct the Secretary of the
Treasury to initiate an investigation into the possible
imposition of sanctions against such person as a result of such
activity, to notify such person of such investigation, and to
provide a recommendation to the President for such purposes.
``(2) Determination and notification.--Not later than 90
days after the date of the disclosure of the activity described
in paragraph (1), the President shall determine whether or not
to impose sanctions against such person as a result of such
activity and shall notify the appropriate congressional
committees of the basis for such determination.
``(3) Publication.--Not later than 10 days after the
President notifies the appropriate congressional committees
under paragraph (2), the President shall ensure publication in
the Federal Register of--
``(A) the identification of the persons against
which the President has made a determination that the
imposition of sanctions is appropriate, together with
an explanation for such determination; and
``(B) the identification of the persons against
which the President has made a determination that the
imposition of sanctions is not appropriate, together
with an explanation for such determination.''.
SEC. 202. IMPOSITION OF SANCTIONS.
(a) Sanctions With Respect to Development of Petroleum Resources.--
Section 5(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.
1701 note) is amended--
(1) in the heading, by striking ``to Iran'' and inserting
``to the Development of Petroleum Resources of Iran'';
(2) by striking ``(6)'' and inserting ``(5)''; and
(3) by striking ``with actual knowledge,''.
(b) Sanctions With Respect to Development of Weapons of Mass
Destruction or Other Military Capabilities.--Section 5(b) of such Act
(50 U.S.C. 1701 note) is amended to read as follows:
``(b) Mandatory Sanctions With Respect to Development of Weapons of
Mass Destruction or Other Military Capabilities.--Notwithstanding any
other provision of law, the President shall impose two or more of the
sanctions described in paragraphs (1) through (5) of section 6 if the
President determines that a person has, on or after the date of the
enactment of this Act, exported, transferred, or otherwise provided to
Iran any goods, services, technology, or other items the provision of
which has contributed to the ability of Iran to--
``(1) acquire or develop chemical, biological, or nuclear
weapons or related technologies; or
``(2) acquire or develop destabilizing numbers and types of
advanced conventional weapons.''.
(c) Persons Against Which the Sanctions Are to Be Imposed.--Section
5(c)(2) of such Act (50 U.S.C. 1701 note) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) is a private or government lender, insurer,
underwriter, re-insurer, or guarantor of the person
referred to in paragraph (1) if that private or
government lender, insurer, underwriter, re-insurer, or
guarantor, with actual knowledge, engaged in the
activities referred to in paragraph (1).''.
(d) Effective Date.--Sanctions imposed pursuant to the amendments
made by this section shall apply with respect to investments made in
Iran on or after the date of the enactment of this Act.
SEC. 203. TERMINATION OF SANCTIONS.
(a) Removal of Libya.--Section 8 of the Iran and Libya Sanctions
Act 1996 (50 U.S.C. 1701 note) is amended--
(1) in subsection (a), by striking the subsection
designation and heading; and
(2) by striking subsection (b).
(b) No Threat Posed.--Such section, as amended by subsection (a),
is further amended--
(1) in paragraph (1)(C), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) poses no threat to United States national security,
interests, or allies.''.
SEC. 204. SUNSET.
Section 13 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.
1701 note) is amended--
(1) in the section heading, by striking ``; sunset'';
(2) in subsection (a), by striking the subsection
designation and heading; and
(3) by striking subsection (b).
SEC. 205. CLARIFICATION AND EXPANSION OF DEFINITIONS.
(a) Person.--Section 14(14)(B) of the Iran and Libya Sanctions Act
of 1996 (50 U.S.C. 1701 note) is amended--
(1) by inserting after ``trust'' the following: ``,
financial institution, insurer, underwriter, re-insurer,
guarantor''; and
(2) by striking ``operating as a business enterprise''.
(b) Petroleum Resources.--Section 14(15) of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by inserting
after ``petroleum'' the following: ``, petroleum by-products,''.
TITLE III--DEMOCRACY IN IRAN
SEC. 301. DECLARATION OF CONGRESS REGARDING UNITED STATES POLICY TOWARD
IRAN.
Congress declares that it should be the policy of the United States
to support independent human rights and pro-democracy forces in Iran.
SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY IN IRAN.
(a) Authorization.--The President is authorized to provide
financial and political assistance (including the award of grants) to
foreign and domestic individuals, organizations, and entities that
support democracy and the promotion of democracy in Iran and that are
opposed to the non-democratic Government of Iran. Such assistance may
include the award of grants to eligible independent pro-democracy radio
and television broadcasting organizations that broadcast into Iran.
(b) Eligibility for Assistance.--Financial and political assistance
under this section may be provided to an individual, organization, or
entity that--
(1) officially opposes the use of terrorism;
(2) advocates the adherence by Iran to nonproliferation
regimes for nuclear, chemical, and biological weapons and
materiel;
(3) is dedicated to democratic values and supports the
adoption of a democratic form of government in Iran;
(4) is dedicated to respect for human rights, including the
fundamental equality of women;
(5) works to establish equality of opportunity for people;
and
(6) supports freedom of the press, freedom of speech,
freedom of association, and freedom of religion.
(c) Funding.--The President may provide assistance under this
section using--
(1) funds available to the Middle East Partnership
Initiative (MEPI), the Broader Middle East and North Africa
Initiative, and the National Endowment for Democracy (NED); and
(2) amounts made available pursuant to the authorization of
appropriations under subsection (g).
(d) Notification.--Not later than 15 days before each obligation of
assistance under this section, and in accordance with the procedures
under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-l), the President shall notify the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(e) Sense of Congress Regarding Coordination of Policy and
Appointment.--It is the sense of Congress that in order to ensure
maximum coordination among Federal agencies, if the President provides
the assistance under this section, the President should appoint an
individual who shall--
(1) serve as special assistant to the President on matters
relating to Iran; and
(2) coordinate among the appropriate directors of the
National Security Council on issues regarding such matters.
(f) Sense of Congress Regarding Diplomatic Assistance.--It is the
sense of Congress that--
(1) contacts should be expanded with opposition groups in
Iran that meet the criteria under subsection (b);
(2) support for a transition to democracy in Iran should be
expressed by United States representatives and officials in all
appropriate international fora;
(3) representatives of the Government of Iran should be
denied access to all United States Government buildings;
(4) efforts to bring a halt to the nuclear weapons program
of Iran, including steps to end the supply of nuclear
components or fuel to Iran, should be intensified, with
particular attention focused on the cooperation regarding such
program--
(A) between the Government of Iran and the
Government of the Russian Federation; and
(B) between the Government of Iran and individuals
from China, Malaysia, and Pakistan, including the
network of Dr. Abdul Qadeer (A. Q.) Khan; and
(5) officials and representatives of the United States
should--
(A) strongly and unequivocally support indigenous
efforts in Iran calling for free, transparent, and
democratic elections; and
(B) draw international attention to violations by
the Government of Iran of human rights, freedom of
religion, freedom of assembly, and freedom of the
press.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Department of State such sums as may be necessary
to carry out this section.
SEC. 303. SENSE OF CONGRESS REGARDING DESIGNATION OF DEMOCRATIC
OPPOSITION ORGANIZATIONS.
(a) Initial Designation.--It is the sense of Congress that, not
later than 90 days after the date of the enactment of this Act, the
President should designate at least one democratic opposition
organization as eligible to receive assistance under section 302.
(b) Notification Requirement.--Not later than 15 days before
designating a democratic opposition organization as eligible to receive
assistance under section 302, the President shall notify the Committee
on International Relations and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate of the proposed designation.
If the President determines that such is appropriate, such notification
may be in classified form.
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Iran Freedom Support Act - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism.
Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran and that are opposed to the Government of Iran.
Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) contacts should be expanded with democratic Iranian opposition groups; and (3) the President should designate at least one such eligible group within 90 days of enactment of this Act.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Animal Enterprise Terrorism Act''.
SEC. 2. INCLUSION OF ECONOMIC DAMAGE TO ANIMAL ENTERPRISES AND THREATS
OF DEATH AND SERIOUS BODILY INJURY TO ASSOCIATED PERSONS.
(a) In General.--Section 43 of title 18, United States Code, is
amended to read as follows:
``Sec. 43. Force, violence, and threats involving animal enterprises
``(a) Offense.--Whoever travels in interstate or foreign commerce,
or uses or causes to be used the mail or any facility of interstate or
foreign commerce--
``(1) for the purpose of damaging or interfering with the
operations of an animal enterprise; and
``(2) in connection with such purpose--
``(A) intentionally damages or causes the loss of any real
or personal property (including animals or records) used by an
animal enterprise, or any real or personal property of a person
or entity having a connection to, relationship with, or
transactions with an animal enterprise;
``(B) intentionally places a person in reasonable fear of
the death of, or serious bodily injury to that person, a member
of the immediate family (as defined in section 115) of that
person, or a spouse or intimate partner of that person by a
course of conduct involving threats, acts of vandalism,
property damage, criminal trespass, harassment, or
intimidation; or
``(C) conspires or attempts to do so;
shall be punished as provided for in subsection (b).
``(b) Penalties.--The punishment for a violation of section (a) or
an attempt or conspiracy to violate subsection (a) shall be--
``(1) a fine under this title or imprisonment not more than 1
year, or both, if the offense does not instill in another the
reasonable fear of serious bodily injury or death and--
``(A) the offense results in no economic damage or bodily
injury; or
``(B) the offense results in economic damage that does not
exceed $10,000;
``(2) a fine under this title or imprisonment for not more than
5 years, or both, if no bodily injury occurs and--
``(A) the offense results in economic damage exceeding
$10,000 but not exceeding $100,000; or
``(B) the offense instills in another the reasonable fear
of serious bodily injury or death;
``(3) a fine under this title or imprisonment for not more than
10 years, or both, if--
``(A) the offense results in economic damage exceeding
$100,000; or
``(B) the offense results in substantial bodily injury to
another individual;
``(4) a fine under this title or imprisonment for not more than
20 years, or both, if--
``(A) the offense results in serious bodily injury to
another individual; or
``(B) the offense results in economic damage exceeding
$1,000,000; and
``(5) imprisonment for life or for any terms of years, a fine
under this title, or both, if the offense results in death of
another individual.
``(c) Restitution.--An order of restitution under section 3663 or
3663A of this title with respect to a violation of this section may
also include restitution--
``(1) for the reasonable cost of repeating any experimentation
that was interrupted or invalidated as a result of the offense;
``(2) for the loss of food production or farm income reasonably
attributable to the offense; and
``(3) for any other economic damage, including any losses or
costs caused by economic disruption, resulting from the offense.
``(d) Definitions.--As used in this section--
``(1) the term `animal enterprise' means--
``(A) a commercial or academic enterprise that uses or
sells animals or animal products for profit, food or fiber
production, agriculture, education, research, or testing;
``(B) a zoo, aquarium, animal shelter, pet store, breeder,
furrier, circus, or rodeo, or other lawful competitive animal
event; or
``(C) any fair or similar event intended to advance
agricultural arts and sciences;
``(2) the term `course of conduct' means a pattern of conduct
composed of 2 or more acts, evidencing a continuity of purpose;
``(3) the term `economic damage'--
``(A) means the replacement costs of lost or damaged
property or records, the costs of repeating an interrupted or
invalidated experiment, the loss of profits, or increased
costs, including losses and increased costs resulting from
threats, acts or vandalism, property damage, trespass,
harassment, or intimidation taken against a person or entity on
account of that person's or entity's connection to,
relationship with, or transactions with the animal enterprise;
but
``(B) does not include any lawful economic disruption
(including a lawful boycott) that results from lawful public,
governmental, or business reaction to the disclosure of
information about an animal enterprise;
``(4) the term `serious bodily injury' means--
``(A) injury posing a substantial risk of death;
``(B) extreme physical pain;
``(C) protracted and obvious disfigurement; or
``(D) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty; and
``(5) the term `substantial bodily injury' means--
``(A) deep cuts and serious burns or abrasions;
``(B) short-term or nonobvious disfigurement;
``(C) fractured or dislocated bones, or torn members of the
body;
``(D) significant physical pain;
``(E) illness;
``(F) short-term loss or impairment of the function of a
bodily member, organ, or mental faculty; or
``(G) any other significant injury to the body.
``(e) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the First Amendment to the Constitution;
``(2) to create new remedies for interference with activities
protected by the free speech or free exercise clauses of the First
Amendment to the Constitution, regardless of the point of view
expressed, or to limit any existing legal remedies for such
interference; or
``(3) to provide exclusive criminal penalties or civil remedies
with respect to the conduct prohibited by this action, or to
preempt State or local laws that may provide such penalties or
remedies.''.
(b) Clerical Amendment.--The item relating to section 43 in the
table of sections at the beginning of chapter 3 of title 18, United
States Code, is amended to read as follows:
``43. Force, violence, and threats involving animal enterprises.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Animal Enterprise Terrorism Act - Amends the federal criminal code to revise criminal prohibitions against damaging or interfering with the operations of an animal enterprise to include intentional damage or loss to any real or personal property and intentional threats of death or serious bodily injury against individuals (or their family members, spouses, or intimate partners) who are involved with animal enterprises. Expands such crime to include conspiracies and attempts. Revises and increases monetary and criminal penalties for such crime.
Modifies the definition of "animal enterprise" to include: (1) an enterprise that uses or sells animals or animal products for profit for educational purposes; and (2) an animal shelter, pet store, breeder, or furrier.
Provides that expressive conduct (including picketing or other peaceful demonstration) protected by the First Amendment is not prohibited by this Act.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coltsville National Historical Park
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) City.--The term ``city'' means the city of Hartford,
Connecticut.
(2) Commission.--The term ``Commission'' means the
Coltsville National Historical Park Advisory Commission
established by subsection 6(a).
(3) Historic district.--The term ``Historic District''
means the Coltsville Historic District.
(4) Map.--The term ``map'' means the map titled
``Coltsville National Historical Park--Proposed Boundary'',
numbered T25/102087, and dated May 11, 2010.
(5) Park.--The term ``park'' means the Coltsville National
Historical Park in the State of Connecticut.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of
Connecticut.
SEC. 3. COLTSVILLE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established in the State a unit of the National Park System to
be known as the ``Coltsville National Historical Park''.
(2) Conditions for establishment.--The park shall not be
established until the date on which the Secretary determines
that--
(A) the Secretary has acquired by donation
sufficient land or an interest in land within the
boundary of the park to constitute a manageable unit;
(B) the State, city, or private property owner, as
appropriate, has entered into a written agreement with
the Secretary to donate at least 10,000 square feet of
space in the East Armory which would include facilities
for park administration and visitor services;
(C) the Secretary has entered into a written
agreement with the State, city, or other public entity,
as appropriate, providing that--
(i) land owned by the State, city, or other
public entity within the Coltsville Historic
District shall be managed consistent with this
section; and
(ii) future uses of land within the
historic district shall be compatible with the
designation of the park and the city's
preservation ordinance; and
(D) the Secretary has reviewed the financial
resources of the owners of private and public property
within the boundary of the proposed park to ensure the
viability of the park based on those resources.
(b) Boundaries.--The park shall include and provide appropriate
interpretation and viewing of the following sites, as generally
depicted on the map:
(1) The East Armory.
(2) The Church of the Good Shepherd.
(3) The Caldwell/Colt Memorial Parish House.
(4) Colt Park.
(5) The Potsdam Cottages.
(6) Armsmear.
(7) The James Colt House.
(c) Collections.--The Secretary shall enter into a written
agreement with the State of Connecticut State Library, Wadsworth
Atheneum, and the Colt Trust, or other public entities, as appropriate,
to gain appropriate access to Colt-related artifacts for the purposes
of having items routinely on display in the East Armory or within the
park as determined by the Secretary as a major function of the visitor
experience.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the park in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) State and Local Jurisdiction.--Nothing in this Act enlarges,
diminishes, or modifies any authority of the State, or any political
subdivision of the State (including the city)--
(1) to exercise civil and criminal jurisdiction; or
(2) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary of the
park.
(c) Cooperative Agreements.--
(1) In general.--As the Secretary determines to be
appropriate to carry out this Act, the Secretary may enter into
cooperative agreements with the owner of any property within
the Coltsville Historic District or any nationally significant
properties within the boundary of the park, under which the
Secretary may identify, interpret, restore, rehabilitate, and
provide technical assistance for the preservation of the
properties.
(2) Right of access.--A cooperative agreement entered into
under paragraph (1) shall provide that the Secretary, acting
through the Director of the National Park Service, shall have
the right of access at all reasonable times to all public
portions of the property covered by the agreement for the
purposes of--
(A) conducting visitors through the properties; and
(B) interpreting the properties for the public.
(3) Changes or alterations.--No changes or alterations
shall be made to any properties covered by a cooperative
agreement entered into under paragraph (1) unless the Secretary
and the other party to the agreement agree to the changes or
alterations.
(4) Conversion, use, or disposal.--Any payment by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of a project
for purposes contrary to the purposes of this section, as
determined by the Secretary, shall entitle the United States to
reimbursement in an amount equal to the greater of--
(A) the amounts made available to the project by
the United States; or
(B) the portion of the increased value of the
project attributable to the amounts made available
under this subsection, as determined at the time of the
conversion, use, or disposal.
(5) Matching funds.--
(A) In general.--As a condition of the receipt of
funds under this subsection, the Secretary shall
require that any Federal funds made available under a
cooperative agreement shall be matched on a 1-to-1
basis by non-Federal funds.
(B) Form.--With the approval of the Secretary, the
non-Federal share required under subparagraph (A) may
be in the form of donated property, goods, or services
from a non-Federal source, fairly valued.
(d) Acquisition of Land.--Land or interests in land owned by the
State or any political subdivision of the State may be acquired only by
donation.
(e) Technical Assistance and Public Interpretation.--The Secretary
may provide technical assistance and public interpretation of related
historic and cultural resources within the boundary of the historic
district.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 fiscal years after the date on
which funds are made available to carry out this Act, the Secretary, in
consultation with the Commission, shall complete a management plan for
the park in accordance with--
(1) section 12(b) of Public Law 91-383 (commonly known as
the National Park Service General Authorities Act) (16 U.S.C.
1a-7(b)); and
(2) other applicable laws.
(b) Cost Share.--The management plan shall include provisions that
identify costs to be shared by the Federal Government, the State, and
the city, and other public or private entities or individuals for
necessary capital improvements to, and maintenance and operations of,
the park.
(c) Submission to Congress.--On completion of the management plan,
the Secretary shall submit the management plan to--
(1) the Committee on Natural Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
SEC. 6. COLTSVILLE NATIONAL HISTORICAL PARK ADVISORY COMMISSION.
(a) Establishment.--There is established a Commission to be known
as the Coltsville National Historical Park Advisory Commission.
(b) Duty.--The Commission shall advise the Secretary in the
development and implementation of the management plan.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 11
members, to be appointed by the Secretary, of whom--
(A) 2 members shall be appointed after
consideration of recommendations submitted by the
Governor of the State;
(B) 1 member shall be appointed after consideration
of recommendations submitted by the State Senate
President;
(C) 1 member shall be appointed after consideration
of recommendations submitted by the Speaker of the
State House of Representatives;
(D) 2 members shall be appointed after
consideration of recommendations submitted by the Mayor
of Hartford, Connecticut;
(E) 2 members shall be appointed after
consideration of recommendations submitted by
Connecticut's 2 United States Senators;
(F) 1 member shall be appointed after consideration
of recommendations submitted by Connecticut's First
Congressional District Representative;
(G) 2 members shall have experience with national
parks and historic preservation;
(H) all appointments must have significant
experience with and knowledge of the Coltsville
Historic District; and
(I) 1 member of the Commission must live in the
Sheldon/Charter Oak neighborhood within the Coltsville
Historic District.
(2) Initial appointments.--The Secretary shall appoint the
initial members of the Commission not later than the earlier
of--
(A) the date that is 30 days after the date on
which the Secretary has received all of the
recommendations for appointments under paragraph (1);
or
(B) the date that is 30 days after the park is
established.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--A member shall be appointed for a
term of 3 years.
(B) Reappointment.--A member may be reappointed for
not more than 1 additional term.
(2) Vacancies.--A vacancy on the Commission shall be filled
in the same manner as the original appointment was made.
(e) Meetings.--The Commission shall meet at the call of--
(1) the Chairperson; or
(2) a majority of the members of the Commission.
(f) Quorum.--A majority of the Commission shall constitute a
quorum.
(g) Chairperson and Vice Chairperson.--
(1) In general.--The Commission shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(2) Vice chairperson.--The Vice Chairperson shall serve as
Chairperson in the absence of the Chairperson.
(3) Term.--A member may serve as Chairperson or Vice
Chairperson for not more than 1 year in each office.
(h) Commission Personnel Matters.--
(1) Compensation of members.--
(A) In general.--Members of the Commission shall
serve without compensation.
(B) Travel expenses.--Members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duty of the Commission.
(2) Staff.--
(A) In general.--The Secretary shall provide the
Commission with any staff members and technical
assistance that the Secretary, after consultation with
the Commission, determines to be appropriate to enable
the Commission to carry out the duty of the Commission.
(B) Detail of employees.--The Secretary may accept
the services of personnel detailed from the State or
any political subdivision of the State.
(i) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(j) Termination.--
(1) In general.--Unless extended under paragraph (2), the
Commission shall terminate on the date that is 10 years after
the date of the enactment of this Act.
(2) Extension.--Eight years after the date of the enactment
of this Act, the Commission shall make a recommendation to the
Secretary if a body of its nature is still necessary to advise
on the development of the park. If, based on a recommendation
under this paragraph, the Secretary determines that the
Commission is still necessary, the Secretary may extend the
life of the Commission for not more than 10 years.
SEC. 7. AUTHORIZATION OF APPROPRIATION.
There is authorized to be appropriated $10,000,000 for the
development of the park.
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Coltsville National Historical Park Act - (Sec. 3) Establishes the Coltsville National Historical Park as a unit of the National Park System in Connecticut.
Bars the establishment of the Park until it is determined that specified conditions have been met, including that: (1) Connecticut, the city of Hartford, or private property owner, as appropriate, has entered into a written agreement with the Secretary of the Interior to donate at least 10,000 square feet of space in the East Armory; and (2) the Secretary has entered into a written agreement with the state, city, or other public entity, as appropriate, which provides that land owned by such an entity within the Coltsville Historic District shall be managed consistent with land uses that are compatible with the designation of the Park and the city's preservation ordinance.
Requires the Park to provide interpretation and viewing of specified sites, including the East Armory and Colt Park. Requires the Secretary to enter into a written agreement with the Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other public entities, as appropriate, to gain access to Colt-related artifacts to have them on display in the East Armory or within the Park.
(Sec. 4) Prohibits anything in this Act from enlarging, diminishing, or modifying any authority of the state or any of its political subdivisions.
Authorizes the Secretary to enter into cooperative agreements with the owners of any properties within the Historic District or any nationally significant properties within the Park under which the Secretary may identify, interpret, restore and provide technical assistance for the preservation of such properties.
Bars the making of any changes or alterations to any properties covered by such an agreement unless the Secretary and the other party to the agreement agree to the changes or alterations.
Requires any payment made by the Secretary under this section to be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section shall entitle the United States to reimbursement.
Requires any federal funds under such an agreement to be matched on a one-to-one basis by non-federal funds.
Permits the acquisition of lands or interests owned by the state or any political subdivision of the state by donation only.
Authorizes the Secretary to provide technical assistance and public interpretation of related historic and cultural resources within the Historic District.
(Sec. 5) Requires the Secretary to complete and submit to Congress a management plan for the Park with the advice of the Coltsville National Historical Park Advisory Commission established by this Act.
Requires the management plan to include provisions that identify the costs to be shared by the federal government, the state, and the city, and other public or private entities or individuals for necessary capital improvements to and maintenance and operations of the Park.
(Sec. 6) Directs the Commission to advise the Secretary in the implementation of the management plan.
Terminates the Commission 10 years after enactment of this Act. Allows the Commission to be extended for an additional 10-year period, if necessary.
(Sec. 7) Authorizes appropriations for the development of the Park.
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billsum_train
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Review Sunshine Act of
1993''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the term--
(1) ``agency'' means an agency as defined under section
551(1) of title 5, United States Code, and section 552(f) of
title 5, United States Code;
(2) ``regulatory review'' means the evaluation, review,
oversight, supervision, or coordination of agency rulemaking
activity by a reviewing entity directed by the President or his
designee to conduct such review on an ongoing basis;
(3) ``reviewing entity'' means any agency, or other
establishment in the executive branch of the Federal Government
established by the President, which engages, in whole or in
part in regulatory review;
(4) ``review action'' means any action, including but not
limited to a recommendation or direction, regarding an agency
rulemaking activity taken by a reviewing entity; and
(5) ``rulemaking activity'' means any activity involving a
rulemaking as defined under section 551(5) of title 5, United
States Code, and includes activity involving a schedule or plan
for rulemaking, strategy statements, guidelines, policy
manuals, grant and loan procedures, advance notices of proposed
rulemaking, press releases and other documents announcing or
implementing regulatory policy that affects the public.
SEC. 3. DISCLOSURE BY A REVIEWING ENTITY.
(a) Public Access.--A reviewing entity shall establish procedures,
consistent with subsection (b), to provide public access to information
concerning each agency rulemaking activity under its review. Such
information shall include a copy of--
(1) all written communications, regardless of format,
including drafts of all proposals and associated analyses,
between the reviewing entity and the rulemaking agency;
(2) all written communications, regardless of format,
between the reviewing entity and any person not employed by the
Federal Government relating to the substance of an agency
rulemaking activity;
(3) a record, including the date, participants, and
substance, of all oral communications relating to the substance
of an agency rulemaking activity, including meetings, between
the reviewing entity and any person not employed by the Federal
Government;
(4) a written explanation as required by section 4(c) and
the date of any significant review action; and
(5) any notice of any extensions of review under section 6.
(b) Procedures.--Information described under subsection (a) shall
be made available to the public upon request--
(1) within 14 days of conclusion of review;
(2) in a manner consistent with the requirements of section
552(a) of title 5, United States Code; and
(3) for review, and copying, in a publicly accessible
reading room during normal business hours.
SEC. 4. DISCLOSURE TO A RULEMAKING AGENCY BY A REVIEWING ENTITY.
(a) Written Communications.--A reviewing entity shall transmit to
the rulemaking agency, on a timely basis, copies of any written
communications between the reviewing entity and any person not employed
by the Federal Government concerning the substance of a rulemaking
activity of that agency.
(b) Oral Communications.--A reviewing entity shall disclose to the
rulemaking agency, on a timely basis, all oral communications,
including meetings, between any person not employed by the Federal
Government and the reviewing entity concerning the substance of a
rulemaking activity of that agency. The reviewing entity shall--
(1) advise the rulemaking agency of the date, participants,
and substance of such communications; and
(2) invite the rulemaking agency head or designee to all
scheduled meetings involving such communications.
(c) Explanation of Significant Review Action.--A reviewing entity
shall, in a timely manner, provide the rulemaking agency with a written
explanation of any significant review action taken by the reviewing
entity concerning an agency rulemaking activity.
SEC. 5. PUBLIC DISCLOSURE BY A RULEMAKING AGENCY.
(a) Status of Review.--A rulemaking agency shall upon request
identify a rulemaking activity, the date upon which it was submitted to
a reviewing entity for review, and any notice of any extensions of
review under section 6.
(b) Explanations.--For each proposed and final rule, a rulemaking
agency shall explain in its rulemaking notice any significant changes
made to such rule as a consequence of regulatory review.
(c) Record.--A rulemaking agency shall place in the appropriate
rulemaking record all of the documents received from a reviewing entity
as required under section 4.
SEC. 6. TIME LIMITS FOR REVIEW.
(a) Time Limits.--Within 60 days after the receipt of a rulemaking
activity submitted to a reviewing entity for review, the reviewing
entity shall conclude review of the rulemaking activity. The reviewing
entity may, for good cause explained to the rulemaking agency extend
the time for review for 30 days.
(b) Resolution of Outstanding Issues.--If the President, or such
other person or entity as the President may designate, reviews for
resolution an issue arising out of a regulatory review--
(1) the applicable time limits described under subsection
(a) may be extended, although any such issue shall be resolved
as promptly as practicable; and
(2) any such review shall be subject to the requirements of
this Act, except for section 6(a).
(c) Extensions.--A reviewing entity shall notify the rulemaking
agency of an extension beyond 60 days and provide public notice,
pursuant to sections 3 and 7. The rulemaking agency shall promptly
publish a notice of any such extension in the Federal Register, and
shall give public notice pursuant to section 5.
SEC. 7. PUBLIC ACCOUNTING OF REGULATORY REVIEW.
(a) Publication of Accounting.--The Office of Management and Budget
shall prepare and make available to the public a monthly and an annual
accounting of regulatory review conducted by any and all reviewing
entities. Such accounting shall include a list of all rulemaking
activities submitted to a reviewing entity for review, under review by
a reviewing entity, or for which a review action was taken by a
reviewing entity during the reporting period.
(b) Information Included in Accounting.--The monthly accounting
required under subsection (a) shall be prepared and made available to
the public within 10 working days of the end of each month and shall
include the name and type of each rulemaking activity reviewed, the
reviewing entity, the rulemaking agency, the date of submission, the
status of review, notice of any extensions of review under section 6,
any review action, the date of such action, and the authority for
review.
(c) Federal Register Publication.--Each rulemaking agency shall
publish in the Federal Register within 10 working days of the end of
each month a list of all rulemaking activities undergoing regulatory
review during the preceding month. Such list shall include the name and
type of each rulemaking activity, the reviewing entity, the date of
submission, any review action taken during the reporting period, and
the date of any such action.
SEC. 8. EXCLUSIONS.
Oral communications with the President, the Vice President, the
Administrator of the Environmental Protection Agency, the Director of
the Office of Management and Budget, and the heads of executive
departments as defined under section 101 of title 5, United States
Code, are not covered by this Act.
SEC. 9. EFFECT OF ACT.
(a) Authorization.--Nothing in this Act authorizes a reviewing
entity to--
(1) review a rulemaking activity; or
(2) direct an agency to make a decision with regard to a
rulemaking activity unless specifically authorized by law.
(b) Alterations.--Nothing in this Act alters in any manner--
(1) rulemaking authority vested by law in the head of an
agency;
(2) any legally mandated criteria for rulemaking; or
(3) the application of any statutory or judicial deadline
or the authority of an agency to undertake rulemaking activity
in an emergency situation.
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Regulatory Review Sunshine Act of 1993 - Requires executive branch regulatory review entities to establish procedures to provide public access to specified information concerning each agency rulemaking activity under review.
Requires a review entity to transmit to the rulemaking agency: (1) copies of any written as well as all oral communications between the entity and any person not employed by the Federal Government concerning the substance of a rulemaking activity of that agency; and (2) written explanation of any significant review action it has taken concerning such an activity.
Requires a rulemaking agency: (1) upon request to identify a rulemaking activity, the date it was submitted for review, and any notice of any extensions of review; and (2) explain in its rulemaking notice any significant changes to such rule as a consequence of regulatory review.
Requires a review entity, within 60 days after the receipt of a rulemaking activity, to conclude its review of it.
Provides that if the President reviews for resolution an issue arising out of a regulatory review, the review time limits may be extended, although any such issue shall be resolved as promptly as practicable, and such review shall be subject to the public disclosure and agency notice requirements of this Act.
Requires a review entity to notify the rulemaking agency of an extension beyond 60 days and provide public notice, and the rulemaking agency to promptly publish a notice in the Federal Register.
Requires the Office of Management and Budget to prepare and make public monthly and annual accountings of regulatory review by all reviewing entities.
Requires each rulemaking agency to publish in the Federal Register a list of all rulemaking activities undergoing regulatory review during the preceding month.
Excludes from coverage under this Act oral communications with the President, Vice President, Administrator of the Environmental Protection Agency, OMB Director, and executive department heads.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunlight Act of 2006''.
SEC. 2. PRECERTIFICATION OF TRAVEL BY COMMITTEE ON STANDARDS OF
OFFICIAL CONDUCT.
Clause 5 of rule XXV of the Rules of the House of Representatives
is amended by inserting after paragraph (d) the following new
paragraph:
``(d)(1) Before a Member, Delegate, Resident Commissioner, officer,
or employee of the House may take a privately-funded trip, that
individual shall--
``(A) provide the estimated cost of the trip, the entity
paying for the trip, the purpose of the trip, the modes of
transportation, accommodations, number of meals on the trip,
and the proposed itinerary to the Committee on Standards of
Official Conduct; and
``(B) agree to provide to the Committee on Standards of
Official Conduct within 5 calendar days after the trip is
completed the expenses reimbursed or to be reimbursed and any
changes from the information provided under subdivision (A).
The information shall be made available on the public website of the
committee in a searchable and sortable manner.
``(2) A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not take a privately-funded trip unless the
Committee makes a determination that the proposed trip (including the
itinerary and estimated expenses) complies with all applicable rules of
the House, based on the information submitted under subparagraph
(1).''.
SEC. 3. DOLLAR AMOUNTS REQUIRED FOR ANNUAL FINANCIAL DISCLOSURE
STATEMENTS.
(a) Financial Disclosures.--Section 102(d) of the Ethics in
Government Act of 1978 is amended by adding at the end the following
new paragraph:
``(3) Notwithstanding any other provision of this Act, in the case
of reports of Members of Congress and officers and employees of
Congress filed pursuant to sections 101(d) and (e), references to the
categories for reporting the amount or value of the items covered in
paragraphs (3), (4), (5), and (8) of subsection (a) shall be deemed to
be exact dollar amounts.''.
(b) Availability of Reports on the Internet.--Section 103 of the
Ethics in Government Act of 1978 is amended by adding at the end the
following new subsection:
``(l) A copy of each report filed under this title with the Clerk
of the House of Representatives or the Secretary of the Senate shall be
made available as soon as practicable to the general public on the
Internet in a format that is searchable and sortable.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to reports filed for calendar years beginning after the date of
enactment of this Act.
SEC. 4. PUBLIC DISPLAY OF THE SUBJECT MATTER OF DEBATES.
Clause 2 of rule II of the Rules of the House of Representatives is
amended by adding at the end the following new paragraph:
``(l) During general debate on any measure, the Clerk shall project
on a wall of the Hall of the House the subject matter of that debate so
that it is visible to Members and to visitors in the gallery.''.
SEC. 5. AVAILABILITY OF BILLS, CONFERENCE REPORTS, AND AMENDMENTS ON
THE INTERNET BEFORE VOTING.
Rule XXI of the Rules of the House of Representatives is amended by
adding at the end the following new clause:
``7. It shall not be in order to consider any bill or joint
resolution, or conference report thereon, or amendment thereto,
unless--
``(1) in the case of a bill, joint resolution, or
conference report, such measure is made available to Members
and the general public on the Internet for at least 48 hours
before its consideration; or
``(2)(A) in the case of an amendment made in order by a
rule, it is made available to Members and the general public on
the Internet within one hour after the rule is filed; or
``(B) in the case of an amendment under an open rule, it is
made available to Members and the general public on the
Internet immediately after being offered;
in a format that is searchable and sortable.''.
SEC. 6. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing for All Reports.--
(1) In general.--Section 304(a)(11) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended--
(A) in subparagraph (A), by striking ``a person
required to file--'' and all that follows and inserting
the following: ``each person required to file a report
under this Act shall be required to maintain and file
such report in electronic form accessible by
computers.'';
(B) in subparagraph (C), by striking
``designations, statements, and reports'' and inserting
``documents''; and
(C) in subparagraph (D), by striking ``means, with
respect to'' and all that follows and inserting the
following: ``means any report, designation, statement,
or notification required by this Act to be filed with
the Commission or the Secretary of the Senate.''.
(2) Placement of all reports on internet.--Section
304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended--
(A) by striking ``a designation, statement, report,
or notification'' and inserting ``each report''; and
(B) by striking ``the designation, statement,
report, or notification'' and inserting ``the report''.
(3) Searchable and sortable manner of information.--Section
304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended
by inserting ``in a format that is searchable and sortable''
after ``Internet''.
(4) Software for filing of all reports.--Section 304(a)(12)
of such Act (2 U.S.C 434a(a)(12)) is amended--
(A) in subparagraph (A)(ii), by striking ``each
person required to file a designation, statement, or
report in electronic form'' and inserting ``each person
required to file a report (as defined in paragraph
(11)(D))''; and
(B) in subparagraph (B), by striking ``any
designation, statement, or report'' and inserting ``any
report (as defined in paragraph (11)(D))''.
(b) Requiring Reports for All Contributions Made to Any Political
Committee Within 30 Days of Election; Requiring Reports To Be Made
Within 24 Hours.--Section 304(a)(6)(A) of such Act (2 U.S.C.
434(a)(6)(A)) is amended to read as follows:
``(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 30th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate involved (as appropriate) and
the office sought by the candidate, the identification of the
contributor, and the date of receipt and amount of the contribution.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to reports for periods beginning on or after January
1, 2007.
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Sunlight Act of 2006 - Amends rule XXV (Limitations on Outside Earned Income and Acceptance of Gifts) of the Rules of the House of Representatives to require a Member of the House, officer, or employee, before taking a privately-funded trip, to: (1) provide certain travel-related information to the Committee on Standards of Official Conduct, and agree to provide expenses reimbursed or to be reimbursed after the trip's completion; and (2) receive the Committee's precertification of such proposed trip. Prohibits any such privately-funded trip unless the Committee determines that it complies with all applicable rules of the House.
Amends the Ethics in Government Act of 1978 to require annual financial disclosure statements of Members of Congress and congressional officers and employees to include the exact dollar amount.
Requires such reports filed with the Clerk of the House or the Secretary of the Senate (as well as travel-related information) to be made available to the general public on the Internet.
Amends rule II (Other Officers and Officials) to require, during general debate on any measure, the Clerk to project on a wall of the Hall of the House the subject matter of that debate so that it is visible to Members and to visitors in the gallery.
Amends rule XXI (Restrictions on Certain Bills) to make it out of order to consider: (1) any bill, joint resolution, or conference report unless it is made available to Members and the general public on the Internet for at least 48 hours before its consideration; or (2) any amendment unless it is made available on the Internet within one hour after it is filed (if made in order by a rule) or immediately (if offered under an open rule).
Amends the Federal Election Campaign Act of 1971 to require all mandatory reports to be filed in an electronic form accessible by computers.
Revises requirements for mandatory reports on contributions made to any political committee shortly before an election. Extends from 20 days before to 30 days before the election the beginning of the look-back period for such contributions, and from 48 hours before the election to the closing of the polls the end of the look-back period. Applies the requirements to any contribution (currently, only those of $1,000 or more). Requires such reports to be made within 24 hours after receipt or, if earlier, by midnight of the day on which the contribution is deposited (currently, within 48 hours after reciept).
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lyme and Tick-Borne Disease
Prevention, Education, and Research Act of 2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Lyme disease is a common but frequently misunderstood
illness that, if not caught early and treated properly, can
cause serious health problems.
(2) Lyme disease is caused by the bacterium Borrelia
burgdorferi, which belongs to the class of spirochetes, and is
transmitted to humans by the bite of infected black-legged
ticks. Early signs of infection may include a rash and flu-like
symptoms such as fever, muscle aches, headaches, and fatigue.
(3) Although Lyme disease can be treated with antibiotics
if caught early, the disease often goes undetected because it
mimics other illnesses or may be misdiagnosed.
(4) If an individual with Lyme disease does not receive
treatment, such individual can develop severe heart,
neurological, eye, and joint problems.
(5) Although Lyme disease accounts for 90 percent of all
vector-borne infections in the United States, the ticks that
spread Lyme disease also spread other diseases, such as
anaplasmosis, babesiosis, and tularemia, and carry Bartonella
and other strains of Borrelia. Other tick species, such as the
aggressive lone star, spread ehrlichiosis, Rocky Mountain
spotted fever, and southern tick-associated rash illness
(STARI). Multiple diseases in 1 patient make diagnosis and
treatment more difficult.
(6) The Centers for Disease Control and Prevention reported
more than 38,000 confirmed and probable Lyme disease cases in
2009. Over the past decade, the incidence of Lyme disease has
increased by 84 percent.
(7) According to the Centers for Disease Control and
Prevention, from 1992 to 2006, the incidence of Lyme disease
was highest among children aged 5 to 14 years of age.
(8) Persistence of symptomatology in many patients without
reliable testing makes diagnosis and treatment of patients more
difficult.
SEC. 3. ESTABLISHMENT OF A TICK-BORNE DISEASES ADVISORY COMMITTEE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall establish within
the Office of the Secretary an advisory committee to be known as the
Tick-Borne Diseases Advisory Committee (referred to in this section as
the ``Committee'').
(b) Duties.--The Committee shall--
(1) advise the Secretary and the Assistant Secretary for
Health regarding the manner in which such officials can--
(A) ensure interagency coordination and
communication and minimize overlap regarding efforts to
address tick-borne diseases;
(B) identify opportunities to coordinate efforts
with other Federal agencies and private organizations
addressing such diseases;
(C) ensure interagency coordination and
communication with constituency groups;
(D) ensure that a broad spectrum of scientific
viewpoints are represented in public health policy
decisions and that information disseminated to the
public and physicians is balanced; and
(E) advise relevant Federal agencies on priorities
related to Lyme and other tick-borne diseases; and
(2) in coordination with relevant agencies within the
Department of Health and Human Services, regularly review
published public and private treatment guidelines and evaluate
such guidelines for effective representation of a wide
diversity of views.
(c) Membership.--
(1) Appointed members.--
(A) In general.--From among individuals who are not
officers or employees of the Federal Government, the
Secretary shall appoint to the Committee, as voting
members, the following:
(i) Not less than 4 members from the
scientific community representing the broad
spectrum of viewpoints held within the
scientific community related to Lyme and other
tick-borne diseases.
(ii) Not less than 2 representatives of
tick-borne disease voluntary organizations.
(iii) Not less than 2 health care
providers, including not less than 1 full-time
practicing physician, with relevant experience
providing care for individuals with a broad
range of acute and chronic tick-borne diseases.
(iv) Not less than 2 patient
representatives who are individuals who have
been diagnosed with a tick-borne disease or who
have had an immediate family member diagnosed
with such a disease.
(v) At least 2 representatives of State and
local health departments and national
organizations that represent State and local
health professionals.
(B) Diversity.--In appointing members under this
paragraph, the Secretary shall ensure that such
members, as a group, represent a diversity of
scientific perspectives relevant to the duties of the
Committee.
(2) Ex officio members.--The Secretary shall designate, as
nonvoting, ex officio members of the Committee, representatives
overseeing tick-borne disease activities from each of the
following Federal agencies:
(A) The Centers for Disease Control and Prevention.
(B) The National Institutes of Health.
(C) The Agency for Healthcare Research and Quality.
(D) The Food and Drug Administration.
(E) The Office of the Assistant Secretary for
Health.
(F) Such additional Federal agencies as the
Secretary determines to be appropriate.
(3) Co-chairpersons.--The Secretary shall designate the
Assistant Secretary of Health as the co-chairperson of the
Committee. The appointed members of the Committee shall also
elect a public co-chairperson. The public co-chairperson shall
serve a 2-year term.
(4) Term of appointment.--The term of service for each
member of the Committee appointed under paragraph (1) shall be
4 years.
(5) Vacancy.--A vacancy in the membership of the Committee
shall be filled in the same manner as the original appointment.
Any member appointed to fill a vacancy for an unexpired term
shall be appointed for the remainder of that term. Members may
serve after the expiration of their terms until their
successors have taken office.
(d) Meetings.--The Committee shall hold public meetings, except as
otherwise determined by the Secretary, after providing notice to the
public of such meetings, and shall meet at least twice a year with
additional meetings subject to the call of the co-chairpersons. Agenda
items with respect to such meetings may be added at the request of the
members of the Committee, including the co-chairpersons. Meetings shall
be conducted, and records of the proceedings shall be maintained, as
required by applicable law and by regulations of the Secretary.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Committee, acting through the
members representing the Centers for Disease Control and Prevention and
the National Institutes of Health, shall submit a report to the
Secretary. Each such report shall contain, at a minimum--
(1) a description of the Committee's functions;
(2) a list of the Committee's members and their
affiliations; and
(3) a summary of the Committee's activities and
recommendations during the previous year, including any
significant issues regarding the functioning of the Committee.
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated such sums a
may be necessary for each of the fiscal years 2012 through 2016.
Amounts appropriated under the preceding sentence shall be used for the
expenses and per diem costs incurred by the Committee under this
section in accordance with the Federal Advisory Committee Act (5 U.S.C.
App.), except that no voting member of the Committee shall be a
permanent salaried employee.
SEC. 4. FEDERAL ACTIVITIES RELATED TO THE DIAGNOSIS, SURVEILLANCE,
PREVENTION, AND RESEARCH OF LYME AND OTHER TICK-BORNE
DISEASES.
(a) In General.--The Secretary, acting as appropriate through the
Director of the Centers for Disease Control and Prevention, the
Director of the National Institutes of Health, the Commissioner of Food
and Drugs, and the Director of the Agency for Healthcare Research and
Quality, as well as additional Federal agencies as the Secretary
determines to be appropriate, and in consultation with the Tick-Borne
Diseases Advisory Committee, shall provide for--
(1) the conduct or support of the activities described in
subsection (b); and
(2) the coordination of all Federal programs and activities
related to Lyme disease and other tick-borne diseases.
(b) Activities.--The activities described in this subsection are
the following:
(1) Development of diagnostic tests.--Such activities
include--
(A) the development of sensitive and more accurate
diagnostic tools and tests, including a direct
detection test for Lyme disease capable of
distinguishing active infection from past infection;
(B) improving the efficient utilization of
diagnostic testing currently available to account for
the multiple clinical manifestations of both acute and
chronic Lyme disease; and
(C) providing for the timely evaluation of
promising emerging diagnostic methods.
(2) Surveillance and reporting.--Such activities include
surveillance and reporting of Lyme and other tick-borne
diseases--
(A) to accurately determine the prevalence of Lyme
and other tick-borne diseases;
(B) to evaluate the feasibility of developing a
reporting system for the collection of data on
physician-diagnosed cases of Lyme disease that do not
meet the surveillance criteria of the Centers for
Disease Control and Prevention in order to more
accurately gauge disease incidence; and
(C) to evaluate the feasibility of creating a
national uniform reporting system including required
reporting by laboratories in each State.
(3) Prevention.--Such activities include--
(A) the provision and promotion of access to a
comprehensive, up-to-date clearinghouse of peer-
reviewed information on Lyme and other tick-borne
diseases;
(B) increased public education related to Lyme and
other tick-borne diseases through the expansion of the
Community Based Education Programs of the Centers for
Disease Control and Prevention to include expansion of
information access points to the public;
(C) the creation of a physician education program
that includes the full spectrum of scientific research
related to Lyme and other tick-borne diseases, and, in
coordination with the Advisory Committee established
under section 3, the publication of an annual report
that evaluates published guidelines and current
research available on Lyme disease, in order to best
educate health professionals on the latest research and
diversity of treatment options for Lyme disease; and
(D) the sponsoring of scientific conferences on
Lyme and other tick-borne diseases, including reporting
and consideration of the full spectrum of clinically
based knowledge, with the first of such conferences to
be held not later than 24 months after the date of
enactment of this Act.
(4) Clinical outcomes research.--Such activities include--
(A) the establishment of epidemiological research
objectives to determine the long-term course of illness
for Lyme disease; and
(B) determination of the effectiveness of different
treatment modalities by establishing treatment outcome
objectives.
(c) Authorization of Appropriations.--
(1) In general.--For the purposes of carrying out this
section, and for the purposes of providing for additional
research, prevention, and educational activities for Lyme and
other tick-borne diseases, there is authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2012 through 2016.
(2) Additional amounts.--The authorization of
appropriations under this subsection is in addition to any
other authorization of appropriations available for the
purposes described in paragraph (1).
SEC. 5. REPORTS ON LYME AND OTHER TICK-BORNE DISEASES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report on the activities carried out under this
Act.
(b) Content.--Reports under subsection (a) shall contain--
(1) significant activities or developments related to the
surveillance, diagnosis, treatment, education, or prevention of
Lyme or other tick-borne diseases, including suggestions for
further research and education;
(2) a scientifically qualified assessment of Lyme and other
tick-borne diseases, including both acute and chronic
instances, related to the broad spectrum of empirical evidence
of treating physicians, as well as published peer reviewed
data, that shall include recommendations for addressing
research gaps in diagnosis and treatment of Lyme and other
tick-borne diseases and an evaluation of treatment guidelines
and their utilization;
(3) progress in the development of accurate diagnostic
tools that are more useful in the clinical setting for both
acute and chronic disease;
(4) the promotion of public awareness and physician
education initiatives to improve the knowledge of health care
providers and the public regarding clinical and surveillance
practices for Lyme disease and other tick-borne diseases; and
(5) a copy of the most recent annual report issued by the
Tick-Borne Diseases Advisory Committee established under
section 3 and an assessment of progress in achieving the
recommendations included in the Committee's report.
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Lyme and Tick-Borne Disease Prevention, Education, and Research Act of 2011 - Requires the Secretary of Health and Human Services (HHS) to establish the Tick-Borne Diseases Advisory Committee. Requires the Committee to advise the Secretary and the Assistant Secretary for Health regarding the manner in which such officials can: (1) ensure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne diseases; (2) identify opportunities to coordinate efforts with other federal agencies and private organizations addressing such diseases; (3) ensure interagency coordination and communication with constituency groups; (4) ensure that a broad spectrum of scientific viewpoints are represented in public heath policy decisions and that information disseminated to the public and physicians is balanced; and (5) advise relevant federal agencies on priorities related to Lyme and other tick-borne diseases. Directs the Committee to regularly review published public and private treatment guidelines and evaluate such guidelines for effective representation of a wide variety of views.
Requires the Secretary, acting as appropriate through various federal officials, to provide for the coordination of all federal programs and activities related to Lyme and other tick-borne diseases and the conduct or support of specified activities, including: (1) developing sensitive and accurate diagnostic tools and tests, (2) improving the efficient utilization of diagnostic testing currently available; (3) surveillance and reporting of Lyme and other tick-borne diseases; (4) providing and promoting access to a clearinghouse of information on such diseases; (5) increasing public education related to such diseases; (6) creating a physician education program to educate health professionals on the latest research and diversity of treatment options for Lyme disease; (7) establishing epidemiological research objectives; and (8) determining the effectiveness of different treatment modalities.
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Summarize the following text: SECTION 1. TEMPORARY DUTY SUSPENSIONS.
(a) Extension of Certain Duty Suspensions.--Each of the following
headings of the Harmonized Tariff Schedule of the United States is
amended by striking the date in the effective period column and
inserting ``12/31/96'':
(1) Heading 9902.29.08 (relating to beta naphthol).
(2) Heading 9902.29.36 (relating to meta nitro para
anisidine).
(3) Heading 9902.29.37 (relating to meta nitro ortho
anisidine).
(4) Heading 9902.29.38 (relating to o-dianisidine and its
dihydrochloride).
(5) Heading 9902.29.39 (relating to para nitro ortho
anisidine).
(6) Heading 9902.29.64 (relating to 1-phenyl-3-methyl-
pyrazolone).
(7) Heading 9902.29.68 (relating to
phenylcarbethoxypyrazolone).
(8) Heading 9902.30.31 (relating to 2-chloro-4-
nitroaniline).
(9) Heading 9902.30.41 (relating to broenner's acid).
(10) Heading 9902.30.60 (relating to naphthol derivatives).
(11) Heading 9902.30.62 (relating to 3-
aminomethoxybenzanilide).
(b) New Suspensions.--
(1) Sulfamic acid.--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:
`` 9902.28.11 Sulfamic acid, (CAS No. 5329- No change No change On or before
14-6) (provided for in 12/31/96 ''
subheading 2811.19.50)...... Free .
(2) Certain chemicals.--Subchapter II of chapter 99 of such
Schedule is amended by inserting in numerical sequence the
following new headings:
`` 9902.31.12 R Salt (CAS No. 135-51-3) No change No change On or before
(provided for in subheading 12/31/96
2908.20.04)................. Free
.. 9902.31.13 Alizarine (CAS No. 72-48-0) No change No change On or before
(provided for in subheading 12/31/96
2914.69.50)................. Free
.. 9902.31.14 Bon Acid (CAS No. 92-70-8) No change No change On or before
(provided for in subheading 12/31/96
2918.29.80)................. Free
.. 9902.31.15 Fast Red ITR Base (CAS No. 97- No change No change On or before
35-8) (provided for in 12/31/96
subheading 2922.29.25)...... Free
.. 9902.31.16 2,5-Dichloraniline (CAS No. No change No change On or before
95-82-9) (provided for in 12/31/96
subheading 2921.42.20)...... Free
.. 9902.31.17 2,4-Dinitroaniline (CAS No. No change No change On or before
97-02-9) (provided for in 12/31/96
subheading 2921.42.75)...... Free
.. 9902.31.18 Meta-nitro-para-toluidine No change No change On or before
(CAS No. 89-62-3), C Amine 12/31/96
SC4 Acid (CAS No. 88-53-9),
and Tobias Acid (CAS No. 81-
16-3) (provided for in
subheading 2921.43.60)...... Free
.. 9902.31.19 Acetoacet-o-Chloranilide (CAS No change No change On or before
No. 93-70-9) (provided for 12/31/96
in subheading 2924.29.09)... Free
.. 9902.31.20 Acetoacet-2,5- No change No change On or before
Dimethoxyanilide (CAS No. 12/31/96
6375-27-5) (provided for in
subheading 2924.29.44)...... Free
(c) Effective Date.--The amendments made by this Act apply with
respect to articles entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the enactment
of this Act.
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Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1996, the duty on certain organic chemicals.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing
Competitiveness Act of 2013''.
SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGIC PLAN.
Section 102 of the America COMPETES Reauthorization Act of 2010 (42
U.S.C. 6622) is amended--
(1) in subsection (b), by striking paragraph (7) and
inserting the following:
``(7) develop and update a national manufacturing
competitiveness strategic plan in accordance with subsection
(c).''; and
(2) by striking subsection (c) and inserting the following:
``(c) National Manufacturing Competitiveness Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the American Manufacturing Competitiveness Act
of 2013, the President shall submit to Congress, and publish on
an Internet website that is accessible to the public, the
strategic plan developed under paragraph (2).
``(2) Development.--The Committee shall develop (and update
as required under paragraph (8)), in coordination with the
National Economic Council, a strategic plan to improve
Government coordination and provide long-term guidance for
Federal programs and activities in support of United States
manufacturing competitiveness, including advanced manufacturing
research and development.
``(3) Committee chairperson.--In developing and updating
the strategic plan, the Secretary of Commerce, or a designee of
the Secretary, shall serve as the chairperson of the Committee.
``(4) Goals.--The goals of such strategic plan shall be
to--
``(A) promote growth, job creation, sustainability,
and competitiveness in the United States manufacturing
sector;
``(B) support the development of a skilled
manufacturing workforce;
``(C) enable innovation and investment in domestic
manufacturing; and
``(D) support national security.
``(5) Contents.--Such strategic plan shall--
``(A) specify and prioritize near-term and long-
term objectives to meet the goals of the plan,
including research and development objectives, the
anticipated timeframe for achieving the objectives, and
the metrics for use in assessing progress toward the
objectives;
``(B) describe the progress made in achieving the
objectives from prior strategic plans, including a
discussion of why specific objectives were not met;
``(C) specify the role, including the programs and
activities, of each relevant Federal agency in meeting
the objectives of the strategic plan;
``(D) describe how the Federal agencies and
federally funded research and development centers
supporting advanced manufacturing research and
development will foster the transfer of research and
development results into new manufacturing technologies
and United States based manufacturing of new products
and processes for the benefit of society to ensure
national, energy, and economic security;
``(E) describe how such Federal agencies and
centers will strengthen all levels of manufacturing
education and training programs to ensure an adequate,
well-trained workforce;
``(F) describe how such Federal agencies and
centers will assist small- and medium-sized
manufacturers in developing and implementing new
products and processes;
``(G) take into consideration and include a
discussion of the analysis conducted under paragraph
(6); and
``(H) solicit public input (which may be
accomplished through the establishment of an advisory
panel under paragraph (7)), including the views of a
wide range of stakeholders, and consider relevant
recommendations of Federal advisory committees.
``(6) Preliminary analysis.--
``(A) In general.--As part of developing such
strategic plan, the Committee, in collaboration with
Federal departments and agencies whose missions
contribute to or are affected by manufacturing, shall
conduct an analysis of factors that impact the
competitiveness and growth of the United States
manufacturing sector, including--
``(i) research, development, innovation,
transfer of technologies to the marketplace,
and commercialization activities in the United
States;
``(ii) the adequacy of the industrial base
for maintaining national security;
``(iii) the state and capabilities of the
domestic manufacturing workforce;
``(iv) export opportunities and domestic
trade enforcement policies;
``(v) financing, investment, and taxation
policies and practices;
``(vi) the state of emerging technologies
and markets; and
``(vii) efforts and policies related to
manufacturing promotion undertaken by competing
nations.
``(B) Reliance on existing information.--To the
extent practicable, in completing the analysis under
subparagraph (A), the Committee shall use existing
information and the results of previous studies and
reports.
``(7) Advisory panel.--
``(A) Establishment.--The chairperson of the
Committee may appoint an advisory panel of private
sector and nonprofit leaders to provide input,
perspective, and recommendations to assist in the
development of the strategic plan under this
subsection.
``(B) Membership.--The panel shall have no more
than 15 members, and shall include representatives of
manufacturing businesses, labor representatives of the
manufacturing workforce, academia, and groups
representing interests affected by manufacturing
activities.
``(C) Application of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.), other than section 14 of such Act, shall apply
to the Advisory Panel.
``(8) Updates.--Not later than May 1, 2018, and not less
frequently than once every 4 years thereafter, the President
shall submit to Congress, and publish on an Internet website
that is accessible to the public, an update of the strategic
plan transmitted under paragraph (1). Such updates shall be
developed in accordance with the procedures set forth under
this subsection.
``(9) Requirement to consider strategy in the budget.--In
preparing the budget for a fiscal year under section 1105(a) of
title 31, United States Code, the President shall include
information regarding the consistency of the budget with the
goals and recommendations included in the strategic plan
developed under this subsection applying to that fiscal
year.''.
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American Manufacturing Competitiveness Act of 2013 - Directs the Committee on Technology under the National Science and Technology Council to develop, in coordination with the National Economic Council, in lieu of the currently required strategic plan to guide federal programs and activities in support of advanced manufacturing research and development, a national manufacturing competitiveness strategic plan to improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development. Requires the Secretary of Commerce, in developing and updating the plan quadrennially, to serve as the chairperson of the Committee. Specifies the goals of the plan to be to: (1) promote growth, job creation, sustainability, and competitiveness in the U.S. manufacturing sector; (2) support the development of a skilled manufacturing workforce; (3) enable innovation and investment in domestic manufacturing; and (4) support national security. Requires the Committee, as part of the development of the plan, to conduct an analysis of specified factors that impact the competitiveness and growth of the U.S. manufacturing sector. Permits the chairperson of the Committee to appoint an advisory panel of private sector and nonprofit leaders to provide input, perspective, and recommendations to assist in the development of the plan. Requires the President to submit the plan to Congress and publish it on an Internet website accessible to the public.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Remote Monitoring Access
Act of 2008''.
SEC. 2. REMOTE PATIENT MANAGEMENT SERVICES FOR CHRONIC HEALTH
CONDITIONS UNDER THE MEDICARE PROGRAM.
(a) Coverage of Remote Patient Management Services for Certain
Chronic Health Conditions.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (Z), by striking ``and'' at the
end;
(B) in subparagraph (AA), by inserting ``and'' at
the end; and
(C) by inserting after subparagraph (AA) the
following new subparagraph:
``(BB) remote patient management services (as defined in
subsection (ccc));''.
(2) Services described.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at the end
the following new subsection:
``(ccc) Remote Patient Management Services for Chronic Health
Conditions.--(1) The term `remote patient management services' means
the remote monitoring, evaluation, and management of an individual with
a covered chronic health condition (as defined in paragraph (2)),
insofar as such monitoring, evaluation, and management is with respect
to such condition, through the utilization of a system of technology
that allows a remote interface to collect and transmit clinical data
between the individual and the responsible physician (as defined in
subsection (r)) or supplier (as defined in subsection (d)) for the
purposes of clinical review or response by the physician or supplier.
``(2) For purposes of paragraph (1), the term `covered chronic
health condition' means--
``(A) heart failure; and
``(B) cardiac arrhythmia.
``(3)(A) Not later than January 1, 2010, the Secretary, in
consultation with appropriate physician and supplier groups, shall
develop guidelines on the frequency of billing for remote patient
management services. Such guidelines shall be determined based on
medical necessity and shall be sufficient to ensure appropriate and
timely monitoring of individuals being furnished such services.
``(B) The Secretary shall do the following:
``(i) Not later than 2 years after the date of the
enactment of this subsection, develop, in consultation with
appropriate physician and supplier groups, standards (governing
such matters as qualifications of personnel and the maintenance
of equipment) for remote patient management services for the
covered chronic health conditions specified in subparagraphs
(A) and (B) of paragraph (2).
``(ii) Periodically review and update such standards under
this subparagraph as necessary.''.
(3) Payment under the physician fee schedule.--Section 1848
of the Social Security Act (42 U.S.C. 1395w-4) is amended--
(A) in subsection (c)--
(i) in paragraph (2)((B)--
(I) in clause (ii)(II), by striking
``and (v)'' and inserting ``(v), (and
(vi)''; and
(II) by adding at the end the
following new clause:
``(vi) Budgetary treatment of certain
services.--The additional expenditures
attributable to services described in section
1861(s)(2)(BB) shall not be taken into account
in applying clause (ii)(II) for 2010.''; and
(ii) by adding at the end the following new
paragraph:
``(7) Treatment of remote patient management services.--
``(A) In determining relative value units for
remote patient management services (as defined in
section 1861(ccc)), the Secretary, in consultation with
appropriate physician groups, shall take into
consideration--
``(i) physician resources, including
physician time and the level of intensity of
services provided, based on--
``(I) the frequency of evaluation
necessary to manage the individual
being furnished the services;
``(II) the complexity of the
evaluation, including the information
that must be obtained, reviewed, and
analyzed; and
``(III) the number of possible
diagnoses and the number of management
options that must be considered; and
``(ii) practice expense costs associated
with such services, including installation and
information transmittal costs, costs of remote
patient management technology (including
equipment and software), and resource costs
necessary for patient monitoring and follow-up
(but not including costs of any related item or
non-physician service otherwise reimbursed
under this title).
``(iii) malpractice expense resources.
``(B) Using the relative value units determined in
subparagraph (A), the Secretary shall provide for
separate payment for such services and shall not adjust
the relative value units assigned to other services
that might otherwise have been determined to include
such separately paid remote patient management
services.''; and
(B) in subsection (j)(3), by inserting ``(2)(BB)''
after ``(2)(AA),''.
(4) Effective date.--
(A) In general.--The amendments made by this
section shall apply to services furnished on or after
January 1, 2010 without regard to whether the
guidelines under paragraph (3)(A) or the standards
under paragraph (3)(B) of section 1861(ccc) of the
Social Security Act (as added by paragraph (2)) have
been developed.
(B) Availability of codes as of january 1, 2010.--
The Secretary of Health and Human Services shall--
(i) promptly evaluate existing codes that
would be used to bill for remote patient
management services (as defined in paragraph
(1) of such section 1861(ccc), as so added)
under title XVIII of the Social Security Act;
and
(ii) if the Secretary determines that new
codes are necessary to ensure accurate
reporting and billing of such services under
such title, issue such codes so that they are
available for use as of January 1, 2010.
(b) Demonstration Project for the Coverage of Remote Patient
Management Services for Additional Chronic Health Conditions Under the
Medicare Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a
demonstration project for the purpose of evaluating the
impact and benefits of covering under the Medicare
program remote patient management services for certain
chronic health conditions.
(B) Consultation.--In establishing the
demonstration project, the Secretary shall consult with
appropriate physician and supplier groups, eligible
beneficiaries, and organizations representing eligible
beneficiaries.
(C) Participation.--Any eligible beneficiary may
participate in the demonstration project on a voluntary
basis.
(2) Conduct of the demonstration project.--
(A) Sites.--
(i) Selection of demonstration sites.--The
Secretary shall conduct the demonstration
project at 3 sites.
(ii) Geographic diversity.--In selecting
the sites under clause (i), the Secretary shall
ensure that at least 1 of the sites is in a
rural area.
(B) Implementation; duration.--
(i) Implementation.--The Secretary shall
implement the demonstration project not later
than January 1, 2010.
(ii) Duration.--The Secretary shall
complete the demonstration project by the date
that is 2 years after the date on which the
demonstration project is implemented.
(3) Evaluation and report.--
(A) Evaluation.--The Secretary shall conduct an
evaluation of the demonstration project--
(i) to determine improvements in the
quality of care and utilization of services
received by eligible beneficiaries
participating in the demonstration project;
(ii) to determine the cost of providing
payment for remote monitoring services under
the Medicare program;
(iii) to determine the satisfaction of
eligible beneficiaries participating in the
demonstration projects; and
(iv) to evaluate such other matters as the
Secretary determines is appropriate.
(4) Waiver authority.--The Secretary may waive such
provisions of titles XI and XVIII of the Social Security Act as
the Secretary determines to be appropriate for the conduct of
the demonstration project.
(5) Funding.--
(A) Demonstration.--
(i) In general.--Subject to clause (ii),
the Secretary shall provide for the transfer
from the Federal Supplementary Medical Trust
Fund under section 1841 of the Social Security
Act (42 U.S.C. 1395t) of such funds as are
necessary for the costs of carrying out the
demonstration project.
(ii) Cap on expenditures.--The amount
transferred under clause (i) for the period
during which the demonstration project is
conducted may not exceed an amount equal to the
lesser of--
(I) $9,000,000; or
(II) an amount equal to the costs
of providing remote monitoring services
to 7,500 individuals during such
period.
(B) Evaluation and report.--There are authorized to
be appropriated such sums as are necessary for the
purpose of conducting the evaluation and developing and
submitting the report to Congress under paragraph (3).
(6) Definitions.--In this section:
(A) Remote patient management services.--The term
``remote patient management services'' means the remote
monitoring, evaluation, and management of an individual
with a covered chronic health condition (as defined in
paragraph (B)), insofar as such monitoring, evaluation,
and management is with respect to such condition,
through the utilization of a system of technology that
allows a remote interface to collect and transmit
clinical data between the individual and the
responsible physician (as defined in subsection (r) of
section 1861 of the Social Security Act (42 U.S.C.
1395X))) or supplier (as defined in subsection (d) of
such section) for the purposes of clinical review or
response by the physician or supplier.
(B) Covered chronic health condition.--The term
``covered chronic health condition'' means diabetes,
sleep apnea, or epilepsy.
(C) Demonstration project.--The term
``demonstration project'' means a demonstration project
conducted under this subsection.
(D) Eligible beneficiary.--The term ``eligible
beneficiary'' means an individual who is enrolled under
part B of the Medicare program and has a covered
chronic health condition.
(E) Medicare program.--The term ``Medicare
program'' means the health benefits program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.).
(F) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
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Medicare Remote Monitoring Access Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to cover remote patient management services for certain chronic health conditions.
Directs the Secretary to establish a demonstration project for evaluating the impact and benefits of covering under the Medicare program remote patient management services for certain chronic health conditions.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Protection Hotline Act of
2011''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) At the Federal, State, and local levels, government
funding supports well-intentioned voter hotlines that are not
fully utilized because of a lack of access to information on
such programs by the public at-large. All 50 states and the
District of Columbia have at least one voter hotline in
addition to an unprecedented amount of privately funded voter
hotlines, all with different telephone numbers. The
multiplicity of resources makes it difficult for voters to
identify the correct hotline for their needs, which may result
in voters who have immediate or urgent needs abandoning their
effort to vote.
(2) The Department of Justice has declared that a national
telephone number or hotline on voting information is an
important tool to facilitate the voting process, and has
established a hotline through which individuals may obtain this
kind of information. Notwithstanding the existence of the
hotline, voting irregularities were still rampant, as evidenced
by a number of problems that occurred during the 2008 election
cycle, including the following:
(A) Virginia voters who registered through the
Department of Motor Vehicles or via third party groups
reported never receiving a registration card. In other
cases, they arrived at their polling places only to
find their names missing from the voter rolls. Some
voters did not fill out their registration paperwork
correctly, but were not notified of this until well
after the registration deadline of October 6. There
were reports in one location all seven voting machines
in the building had failed and that there were no paper
ballots available. Voters at that polling place waited
in line for an extraordinary 7 hours and 15 minutes to
vote.
(B) St. Louis voters who had submitted change of
address forms several weeks prior to Election Day found
that these forms had not been processed by Election
Day.
(C) On December 2, the New York Post reported that
more than 3,500 voter registration forms were shipped
to the New York City Board of Elections on September
10, only to sit in a box until November 6, 2 days after
the election. Of these voters, those who cast
provisional ballots had their votes counted, but it is
unclear how many other voters were turned away at the
polls.
(D) Pennsylvania voters in cities reported not
receiving absentee ballots by Election Day. This caused
additional problems at polling places on Election Day,
as some of those who feared their votes would go
uncounted took time away from family obligations, work,
or struggled with a disability to get to their polling
place. Upon arrival, they were told they would be
unable to vote in person since they had already
requested an absentee ballot.
(E) Voters at poorly prepared poll locations in Los
Angeles County and elsewhere in California began
reporting ballot shortages in the early afternoon on
Election Day. Many people who went to the wrong polling
place were incorrectly instructed to vote provisionally
instead of being sent to the correct location. At one
polling place, provisional ballots were handed out
because so many voters were unaware that their poll
location had changed and had gone to the wrong
location. In other places, voters were not offered
provisional ballots even when they were warranted, for
example, when paper ballots were requested or when
regular ballots were running out. In all, nearly
1,000,000 people voted by provisional ballot in
California.
(F) Wait times of 6 hours were reported for early
voting in Franklin County, Ohio, leading to people
leaving the line without voting. Wait times of between
2 and 10 hours were reported during early voting at
multiple Georgia locations.
(3) The fifteenth amendment to the Constitution protects
the right of citizens to vote, yet every election cycle, the
voting rights of thousands of citizens are denied or abridged
due to factors ranging from misinformation to wholesale
intimidation. For example:
(A) In the 2004 presidential election, voters
reported receiving calls telling them to report to the
polls to vote the day after Election Day, that the
polling location had changed, and that they would only
be allowed to vote if they brought four separate forms
of identification to the poll. In 2008, in southern
Virginia and at George Mason University in the northern
part of the state, official-looking fliers ``informed''
voters that, because of projected high turnout,
Democrats should wait and vote on November 5, 2008, the
day after the election. North Carolina voters
complained of misleading calls that provided inaccurate
information regarding absentee ballot deadlines.
(B) Michigan poll workers were often unaware that
Michigan voters who did not have a government-issued
photo ID could vote after signing an affidavit.
(C) In 2008, fliers distributed and posted in a
west Philadelphia neighborhood claimed that any
violation as simple as an unpaid parking ticket would
render citizens ineligible to vote and subject to
arrest at the polls. A flier disseminated on the campus
of Drexel University in Philadelphia warned that
undercover officers would be present at the polls,
looking for voters with outstanding warrants or parking
violations.
(D) In Virginia, Michigan and Colorado, students
were told that if they registered to vote where they
went to school (instead of at their parents' address)
they could lose their healthcare, financial aid, and
jeopardize their parent's taxes, all false claims.
(E) In 2008, the non-profit group Minnesota
Majority, pretending to be from the Secretary of
State's office, made calls to voters questioning their
registrations in a supposed attempt to uncover voting
irregularities.
(F) Twelve Ohio counties released sample paper
ballots that split the presidential contest over two
columns for the November election. A study found that
this particular layout often confuses voters and causes
them to double-vote, which ultimately disqualifies the
ballot.
SEC. 3. VOTER INFORMATION HOTLINE.
(a) Establishment and Operation of Telephone Service.--The Attorney
General, in consultation with State election officials, shall establish
and operate a toll-free telephone service, using a telephone number
that is accessible throughout the United States and that uses easily
identifiable numerals, through which individuals throughout the United
States--
(1) may obtain information on voting in elections for
Federal office, including information on how to register to
vote in such elections, the hours of operation of polling
places, and how to obtain absentee ballots; and
(2) may report information to the Attorney General on
problems encountered in registering to vote or voting,
including incidences of voter intimidation or suppression.
(b) Voter Hotline Task Force.--
(1) Appointment by attorney general.--The Attorney General
shall appoint individuals (in such number as the Attorney
General considers appropriate) to serve on a Voter Hotline Task
Force to provide ongoing analysis and assessment of the
operation of the telephone service established under this Act,
and shall give special consideration in making appointments to
the Task Force to individuals who represent civil rights
organizations.
(2) Eligibility.--An individual shall be eligible to serve
on the Task Force under this subsection if the individual meets
such criteria as the Attorney General may establish, except
that an individual may not serve on the task force if the
individual has been convicted of any criminal offense relating
to voter intimidation or voter suppression.
(3) Term of service.--An individual appointed to the Task
Force shall serve a single term of 2 years. A vacancy in the
membership of the Task Force shall be filled in the same manner
as the original appointment.
(4) No compensation for service.--Members of the Task Force
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title
5, United States Code.
(c) Bi-Annual Report to Congress.--Not later than March 1 of each
odd-numbered year, the Attorney General shall submit a report to
Congress on the operation of the telephone service established under
this Act during the previous 2 years, and shall include in the report--
(1) a compilation and description of the reports made to
the hotline by individuals citing instances of voter
intimidation or suppression; and
(2) an assessment of the effectiveness of the service in
making information available to all households in the United
States with telephone service.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to the
Attorney General for fiscal year 2011 and each succeeding fiscal year
such sums as may be necessary to carry out this Act.
(b) Set-Aside for Outreach.--Of the amounts appropriated to carry
out this Act for a fiscal year pursuant to the authorization under
subsection (a), not less than 15% shall be used for outreach activities
to make the public aware of the availability of the telephone service
established under this Act.
|
Voter Protection Hotline Act of 2011 - Directs the Attorney General (AG) to establish and operate a toll-free telephone service, using a telephone number accessible throughout the United States using easily identifiable numerals, through which individuals may: (1) obtain information on voting in elections for federal office, including how to register to vote, the hours of operation of polling places, and how to obtain absentee ballots; and (2) report problems encountered in registering to vote or voting, including incidences of voter intimidation or suppression.
Requires the AG to: (1) appoint individuals to a Voter Hotline Task Force, giving special consideration to individuals representing civil rights organizations, for ongoing analysis and assessment of the telephone service's operation; and (2) submit a report to Congress each odd-numbered year concerning voter intimidation or suppression reports made to the hotline and assessing the availability of the service to all U.S. households with telephone service.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Employment Empowerment and
Development Program Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that meets the requirements of section (3)(b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Vulnerable subpopulation.--
(A) In general.--The term ``vulnerable
subpopulation'' means low-income individuals,
unemployed individuals, and other subpopulations
identified by the Secretary as being likely to
experience special risks from hunger or a special need
for job training.
(B) Inclusions.--The term ``vulnerable
subpopulation'' includes--
(i) addicts (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802));
(ii) at-risk youths (as defined in section
1432 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6472));
(iii) individuals that are basic skills
deficient (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C.
2801));
(iv) homeless individuals (as defined in
section 17(b) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(b));
(v) homeless youths (as defined in section
387 of the Runaway and Homeless Youth Act (42
U.S.C. 5732a));
(vi) individuals with disabilities (as
defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102));
(vii) low-income individuals (as defined in
section 101 of the Workforce Investment Act of
1998 (29 U.S.C. 2801)); and
(viii) older individuals (as defined in
section 102 of the Older Americans Act of 1965
(42 U.S.C. 3002)).
SEC. 3. FOOD EMPLOYMENT EMPOWERMENT AND DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a food employment
empowerment and development program under which the Secretary shall
make grants to eligible entities to encourage the effective use of
community resources to combat hunger and the root causes of hunger by
creating opportunity through food recovery and job training.
(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a public agency, or private nonprofit
institution, that conducts, or will conduct, 2 or more of the following
activities as an integral part of the normal operation of the entity:
(1) Recovery of donated food from area restaurants,
caterers, hotels, cafeterias, farms, or other food service
businesses.
(2) Distribution of meals or recovered food to--
(A) nonprofit organizations described in section
501(c)(3) of the Internal Revenue Code of 1986;
(B) entities that feed vulnerable subpopulations;
and
(C) other agencies considered appropriate by the
Secretary.
(3) Training of unemployed and underemployed adults for
careers in the food service industry.
(4) Carrying out of a welfare-to-work job training program
in combination with--
(A) production of school meals, such as school
meals served under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or
(B) support for after-school programs, such as
programs conducted by community learning centers (as
defined in section 4201(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7171(b))).
(c) Use of Funds.--An eligible entity may use a grant awarded under
this section for--
(1) capital investments related to the operation of the
eligible entity;
(2) support services for clients, including staff, of the
eligible entity and individuals enrolled in job training
programs;
(3) purchase of equipment and supplies related to the
operation of the eligible entity or that improve or directly
affect service delivery;
(4) building and kitchen renovations that improve or
directly affect service delivery;
(5) educational material and services;
(6) administrative costs, in accordance with guidelines
established by the Secretary; and
(7) additional activities determined appropriate by the
Secretary.
(d) Preferences.--In awarding grants under this section, the
Secretary shall give preference to eligible entities that perform, or
will perform, any of the following activities:
(1) Carrying out food recovery programs that are integrated
with--
(A) culinary worker training programs, such as
programs conducted by a food service management
institute under section 21 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769b-1);
(B) school education programs; or
(C) programs of service-learning (as defined in
section 101 of the National and Community Service Act
of 1990 (42 U.S.C. 12511)).
(2) Providing job skills training, life skills training,
and case management support to vulnerable subpopulations.
(3) Integrating recovery and distribution of food with a
job training program.
(4) Maximizing the use of an established school, community,
or private food service facility or resource in meal
preparation and culinary skills training.
(5) Providing job skills training, life skills training,
and case management support to vulnerable subpopulations.
(e) Eligibility for Job Training.--To be eligible to receive job
training assistance from an eligible entity using a grant made
available under this section, an individual shall be a member of a
vulnerable subpopulation.
(f) Performance Indicators.--The Secretary shall establish, for
each year of the program, performance indicators and expected levels of
performance for meal and food distribution and job training for
eligible entities to continue to receive and use grants under this
section.
(g) Technical Assistance.--
(1) In general.--The Secretary shall provide technical
assistance to eligible entities that receive grants under this
section to assist the eligible entities in carrying out
programs under this section using the grants.
(2) Form.--Technical assistance for a program provided
under this subsection includes--
(A) maintenance of a website, newsletters, email
communications, and other tools to promote shared
communications, expertise, and best practices;
(B) hosting of an annual meeting or other forums to
provide education and outreach to all programs
participants;
(C) collection of data for each program to ensure
that the performance indicators and purposes of the
program are met or exceeded;
(D) intervention (if necessary) to assist an
eligible entity to carry out the program in a manner
that meets or exceeds the performance indicators and
purposes of the program;
(E) consultation and assistance to an eligible
entity to assist the eligible entity in providing the
best services practicable to the community served by
the eligible entity, including consultation and
assistance related to--
(i) strategic plans;
(ii) board development;
(iii) fund development;
(iv) mission development; and
(v) other activities considered appropriate
by the Secretary;
(F) assistance considered appropriate by the
Secretary regarding--
(i) the status of program participants;
(ii) the demographic characteristics of
program participants that affect program
services;
(iii) any new idea that could be integrated
into the program; and
(iv) the review of grant proposals; and
(G) any other forms of technical assistance the
Secretary considers appropriate.
(h) Relationship to Other Law.--
(1) Bill emerson good samaritan food donation act.--An
action taken by an eligible entity using a grant provided under
this section shall be covered by the Bill Emerson Good
Samaritan Food Donation Act (42 U.S.C. 1791).
(2) Food handling guidelines.--In using a grant provided
under this section, an eligible entity shall comply with any
applicable food handling guideline established by a State or
local authority.
(3) Inspections.--An eligible entity using a grant provided
under this section shall be exempt from inspection under
sections 303.1(d)(2)(iii) and 381.10(d)(2)(iii) of volume 9,
Code of Federal Regulations (or a successor regulation), if the
eligible entity--
(A) has a hazard analysis and critical control
point (HACCP) plan;
(B) has a sanitation standard operating procedure
(SSOP); and
(C) otherwise complies with the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) and the Poultry
Products Inspection Act (21 U.S.C. 451 et seq.).
(i) Maximum Amount of Grant.--The amount of a grant provided to an
eligible entity for a fiscal year under this section shall not exceed
$200,000.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years
2006 through 2011.
(2) Technical assistance.--Of the amount of funds that are
made available for a fiscal year under paragraph (1), the
Secretary shall use to provide technical assistance under
subsection (g) not more than the greater of--
(A) 5 percent of the amount of funds that are made
available for the fiscal year under paragraph (1); or
(B) $1,000,000.
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Food Employment Empowerment and Development Program Act of 2005 - Directs the Secretary of Agriculture to establish a food employment empowerment and development program of grants to eligible public agencies and private nonprofit institutions to encourage the use of community resources to combat hunger and the root causes of hunger by creating opportunity through food recovery and job training.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act for
Fiscal Years 1998 and 1999''.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Funds are authorized to be appropriated for necessary expenses
of the Coast Guard for fiscal year 1998, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,740,000,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $379,000,000, to remain available until expended, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $19,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $645,696,000.
(5) For environmental compliance and restoration at Coast
Guard facilities functions (other than parts and equipment
associated with operations and maintenance), $21,000,000, to
remain available until expended.
(b) Funds are authorized to be appropriated for necessary expenses
of the Coast Guard for fiscal year 1999, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,740,000,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $379,000,000, to remain available until expended, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $19,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $675,568,000.
(5) For environmental compliance and restoration at Coast
Guard facilities functions (other than parts and equipment
associated with operations and maintenance), $21,000,000, to
remain available until expended.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) The Coast Guard is authorized an end-of-year strength for
active duty personnel of 37,660 as of September 30, 1998.
(b) For fiscal year 1998, the Coast Guard is authorized average
military training student loads as follows:
(1) For recruit and special training, 1,368 student years.
(2) For flight training, 98 student years.
(3) For professional training in military and civilian
institutions, 283 student years.
(4) For officer acquisition, 797 student years.
(c) The Coast Guard is authorized an end-of-year strength for
active duty personnel of such numbers as may be necessary as of
September 30, 1999.
(d) For fiscal year 1999, the Coast Guard is authorized average
military training student loads as follows:
(1) For recruit and special training, such student years as
may be necessary
(2) For flight training, such student years as may be
necessary.
(3) For professional training in military and civilian
institutions, such student years as may be necessary.
(4) For officer acquisition, such student years as may be
necessary.
TITLE II--PERSONNEL MANAGEMENT
SEC. 201. REMOVE CAP ON WARRANT OFFICER SEVERANCE PAY.
Section 286a(d) of title 14, United States Code, is amended by
striking the last sentence.
SEC. 202. SPECIAL RECRUITING AUTHORITY.
(a) Section 93 of title 14, United States Code, is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (u);
(2) by striking the period at the end of paragraph (v) and
inserting a semicolon and the word ``and''; and
(3) by adding at the end the following:
``(w) for the purposes of rectifying under representation
of minorities in the Coast Guard where it exists and to meet
identified personnel resource requirements and training needs--
``(1) obtain research on Coast Guard personnel resource and
training needs; and
``(2) employ special programs for recruiting minorities,
including, subject to appropriations, the provision of
financial assistance by grant, cooperative agreement, contract,
or otherwise, to public or private associations, organizations,
or individuals (including academic scholarships for
individuals), to meet identified personnel resource
requirements.''.
(b) The special recruiting authority provided in this section shall
expire on December 31, 2002. Prior to any extension of this authority
beyond December 31, 2002, the Secretary shall submit a report to
Congress providing information on the funds expended for programs under
this authority and the effectiveness of those programs in increasing
the representation of minorities in the Coast Guard.
TITLE III--FINANCIAL AND PROPERTY MANAGEMENT
SEC. 301. USE OF APPROPRIATED FUNDS FOR COMMERCIAL VEHICLES AT MILITARY
FUNERALS.
Section 93 of title 14, United States Code, as amended by section
202 of this Act, is further amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (v);
(2) by striking the period at the end of paragraph (w) and
inserting ''; and''; and
(3) by adding at the end the following new paragraph:
``(x) rent or lease, under such terms and conditions as are
deemed advisable, commercial vehicles to transport the next of
kin of eligible retired Coast Guard military personnel to
attend funeral services of the service member at a national
cemetary.''.
SEC. 302. AUTHORITY TO REIMBURSE NOVATO, CALIFORNIA, REUSE COMMISSION.
The Commandant may use up to $25,000 to provide economic adjustment
assistance for the City of Novato, California, for the cost of revising
the Hamilton Reuse Planning Authority's reuse plan as a result of the
Coast Guard's request for housing at Hamilton Air Force Base. If the
Department of Defense provides such economic adjustment assistance to
the City of Novato on behalf of the Coast Guard, the Coast Guard may
use funds to reimburse the Department of Defense.
SEC. 303. ELIMINATE SUPPLY FUND REIMBURSEMENT REQUIREMENT.
Subsection 650(a) of title 14, United States Code, is amended by
striking ``The fund shall be credited with the value of materials
consumed, issued for use, sold, or otherwise disposed of, such values
to be determined on a basis that will approximately cover the cost
thereof.'' and inserting ``In these regulations, whenever the fund is
reduced to delete items stocked, the Secretary shall reduce the
existing capital of the fund by the value of the materials transferred
to other Coast Guard accounts. Except for the materials so transferred,
the fund shall be credited with the value of materials consumed, issued
for use, sold, or otherwise disposed of, such values to be determined
on a basis that will approximately cover the cost thereof.''.
SEC. 304. AUTHORITY TO IMPLEMENT AND FUND CERTAIN AWARDS PROGRAMS.
(a) Section 93 of title 14, United States Code, as amended by
sections 202 and 301 of this Act, is further amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (w);
(2) by striking the period at the end of paragraph (x) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(y) provide for the honorary recognition of individuals
and organizations that significantly contribute to Coast Guard
programs, missions or operations, including but not limited to
state and local governments and commercial and nonprofit
organizations, and pay for, using any appropriations or funds
available to the Coast Guard, plaques, medals, trophies,
badges, and similar items to acknowledge such contribution
(including reasonable expenses of ceremony and
presentation).''.
TITLE IV--REPORTS AND INVESTIGATIONS
SEC. 401. PROTECT MARINE CASUALTY INVESTIGATIONS FROM MANDATORY
RELEASE.
Section 6305 of title 46, United States Code, is amended:
(1) by striking ``(a)''; and
(2) by striking subsection (b) in its entirety.
SEC. 402. ELIMINATE BIENNIAL RESEARCH AND DEVELOPMENT REPORT.
Section 7001 of the Oil Pollution Act of 1990 (Public Law 101-380;
104 Stat. 559) is amended by striking all of subsection (e) and by
redesignating subsection (f) as subsection (e).
TITLE V--MARINE SAFETY AND ENVIRONMENTAL PROTECTION
SEC. 501. EXTENSION OF TERRITORIAL SEA FOR CERTAIN LAWS.
(a) Section 102 of the Ports and Waterways Safety Act (Public Law
92-340; 33 U.S.C. 1222) is amended by adding at the end the following:
``(5) `Navigable waters of the United States' includes all
waters of the territorial sea of the United States as described
in Presidential Proclamation 5928 of December 27, 1988.''.
(b) Subtitle II of title 46, United States Code, is amended as
follows:
(1) In section 2101--
(A) by redesignating paragraph (17a) as paragraph
(17b); and
(B) by inserting after paragraph (17) the
following:
``(17a) `navigable waters of the United States' includes
all waters of the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27,
1988.''.
(2) In section 2301, by inserting ``(including the
territorial sea of the United States as described in
Presidential Proclamation 5928 of December 27, 1988,)'' after
``of the United States''.
(3) In section 4102(e), by striking ``on the high seas''
and inserting ``beyond 3 nautical miles from the baselines from
which the territorial sea of the United States is measured''.
(4) In section 4301(a), by inserting ``(including the
territorial sea of the United States as described in
Presidential Proclamation 5928 of December 27, 1988)'' after
``of the United States''.
(5) In section 4502(a)(7), by striking ``on vessels that
operate on the high seas'' and inserting ``beyond 3 nautical
miles from the baselines from which the territorial sea of the
United States is measured''.
(6) In section 4506(b), by striking paragraph (2) and
inserting the following:
``(2) is operating--
``(A) in internal waters of the United States, or
``(B) within 3 nautical miles from the baselines
from which the territorial sea of the United States is
measured.''.
(7) In section 8502(a)(3), by striking ``not on the high
seas'' and inserting: ``not beyond 3 nautical miles from the
baselines from which the territorial sea of the United States
is measured''.
(8) In section 8503(a)(2), by striking paragraph (2) and
inserting the following:
``(2) is operating--
``(A) in internal waters of the United States, or
``(B) within 3 nautical miles from the baselines
from which the territorial sea of the United States is
measured.''.
(c) Section 1 of title XIII of the Act of June 15, 1917 (50 U.S.C.
195), is amended--
(1) by inserting ``(a)'' before ``The term'', and
(2) by adding at the end the following:
``(b) As used in this Act, the term `territorial waters of the
United States' includes all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928 of December 27,
1988.''.
SEC. 502. MANDATORY SUSPENSION AND REVOCATION FOR MERCHANT MARINER
LICENSES.
(a) Section 7703 of title 46, United States Code, is amended by
adding a new subsection (b) to read as follows:
``(b) Notwithstanding section 7702(a) of this title, the Secretary
shall suspend or revoke, as determined under guidelines established by
regulation, a license, certificate of registry, or merchant mariner's
document of the holder--
``(1) has had one or more charges initiated under
subsection (a)(1) (A) or (B) of this section, found proved in
two or more hearings under this chapter; or
``(2) has accumulated one or more convictions of offenses
under subsection (a) (2) or (3) of this section.''.
(b) Section 7703 of title 46, United States Code, is amended by
inserting ``(a)'' at the beginning of the section.
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TABLE OF CONTENTS:
Title I: Authorizations
Title II: Personnel Management
Title III: Financial and Property Management
Title IV: Reports and Investigations
Title V: Marine Safety and Environmental Protection
Coast Guard Authorization Act for Fiscal Years 1998 and 1999 -
Title I: Authorizations
- Authorizes appropriations for the Coast Guard for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, testing, and evaluation; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; and (5) environmental compliance and restoration at Coast Guard facilities.
(Sec. 102) Authorizes Coast Guard end-of-year strength and military training student loads.
Title II: Personnel Management
- Amends Federal law relating to the Coast Guard to remove the dollar limit on severance pay for regular warrant officers.
(Sec. 202) Authorizes the Coast Guard Commandant to: (1) obtain research on personnel resource and training needs; and (2) employ special programs for recruiting minorities, including using grants, cooperative agreements, and contracts. Terminates those authorities on a specified date.
Title III: Financial and Property Management
- Authorizes the Commandant to rent or lease commercial vehicles to transport the next of kin of eligible retired Coast Guard military personnel to attend funeral services of the service member at a national cemetery.
(Sec. 302) Authorizes the use of up to $25,000 to provide economic adjustment assistance for the City of Novato, California, for the cost of revising the Hamilton Reuse Planning Authority's reuse plan as a result of the Coast Guard's request for housing at Hamilton Air Force Base (or to reimburse the Department of Defense for providing that assistance).
(Sec. 303) Requires, when the Coast Guard supply fund is reduced to delete items stocked, that the existing capital of the fund be reduced by the value of the materials transferred to other Coast Guard accounts.
(Sec. 304) Authorizes honorary recognition of individuals and organizations that significantly contribute to Coast Guard programs, missions, or operations, including State and local governments and commercial and nonprofit organizations. Allows payment for plaques, medals, and similar items.
Title IV: Reports and Investigations
- Removes provisions requiring that reports be made public.
(Sec. 402) Amends the Oil Pollution Act of 1990 to remove a requirement of a biennial report to the Congress.
Title V: Marine Safety and Environmental Protection
- Amends the Ports and Waterways Safety Act and Federal law relating to vessels and seamen to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation. Makes changes relating to U.S. navigable waters in provisions relating to the operation of vessels, uninspected vessel safety equipment, recreational vessels, uninspected commercial fishing industry vessels, and vessel pilots. Amends the Act of June 15, 1917 (relating to foreign relations, neutrality, foreign commerce, espionage, and enforcement of criminal laws) to define "navigable waters of the United States" to include all waters of the U.S. territorial sea as described in a specified Presidential Proclamation.
(Sec. 502) Amends Federal law relating to vessels and seamen to revise the bases for suspension or revocation of a license, certificate of registry, or merchant mariner's document.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Justice Access and
Implementation Act of 2007''.
SEC. 2. DEFINITIONS.
(a) Definition of Environmental Justice.--For purposes of carrying
out this Act, the following definitions shall apply:
(1) The term ``environmental justice'' means the fair
treatment and meaningful involvement of all people regardless
of race, color, national origin, educational level, or income
with respect to the development, implementation, and
enforcement of environmental laws and regulations in order to
ensure that--
(A) minority and low-income communities have access
to public information relating to human health and
environmental planning, regulations and enforcement;
and
(B) no minority or low-income population is forced
to shoulder a disproportionate burden of the negative
human health and environmental impacts of pollution or
other environmental hazard.
(2) The term ``fair treatment'' means policies and
practices that ensure that no group of people, including
racial, ethnic, or socioeconomic groups bear disproportionately
high and adverse human health or environmental effects
resulting from Federal agency programs, policies, and
activities.
(b) Identification and Prioritization of Environmental Justice
Communities.--For purposes of Executive Order 12898, criteria for
defining an environmental justice community shall include demographic
characteristics, such as percentages of minority and low-income
residents within an area with a higher than average rate of--
(1) health vulnerabilities, such as cancer mortality and
incidence rate, infant mortality, low birth weight, asthma, and
childhood lead poisoning; and
(2) exposure to environmental conditions, such as facility
density and proximity to Corrective Action/Superfund Sites,
Brownfields, Enforcement Data (percent and number of
uninspected facilities, percent and number of unaddressed
violations, average and total penalty and air nonattainment
status), hazardous emissions, attainment status, hazardous
indoor air quality, hazardous water quality, and traffic
related to the covered or uncovered, transport of polluting
substances.
SEC. 3. IMPLEMENTATION AND INTEGRATION OF FEDERAL ENVIRONMENTAL JUSTICE
INITIATIVES.
(a) Establishment of Offices of Environmental Justice.--For
purposes of Executive Order 12898, each of the following shall
establish an Office of Environmental Justice:
(1) Department of Defense.
(2) Department of Justice.
(3) Department of the Interior.
(4) Department of Agriculture.
(5) Department of Commerce.
(6) Department of Labor.
(7) Department of Health and Human Services.
(8) Department of Housing and Urban Development.
(9) Department of Transportation.
(10) Department of Energy.
(11) Department of Homeland Security
(12) Environmental Protection Agency.
(13) Office of Management and Budget.
(14) Office of Science and Technology Policy.
(15) Office of the Deputy Assistant to the President for
Environmental Policy.
(16) Office of the Assistant to the President for Domestic
Policy.
(17) National Economic Council.
(18) Council of Economic Advisers.
(19) Department of State.
(20) Such other Government entities as the President may
designate.
(b) Characteristics of Offices of Environmental Justice.--Offices
established by this Act shall be overseen by a Director of Senior
Executive Service designation with environmental justice activities as
their primary responsibility. Such offices should be established within
6 months of enactment of this Act
(c) Integration of Environmental Justice Policies in Agency
Actions.--For purposes of the environmental justice strategies
developed by agencies under Executive Order 12898, each agency shall
integrate the strategy into the operation and mission of the agency and
explicitly address compliance with this Act, including in the following
activities:
(1) Future rulemaking activities.
(2) The development of any future guidance, environmental
reviews (including NEPA, CAA, Federal Land Policy Act),
regulation, or procedures for Federal agency programs,
policies, or activities that affect human health or the
environment.
(d) Interagency Federal Working Group Coordination and Guidance.--
The Interagency Federal Working Group on Environmental Justice (in this
section referred to as the ``Working Group'') shall--
(1) coordinate an integrated environmental justice training
plan for the Federal agencies and offices listed in subsection
(c);
(2) formalize meaningful public participation goals and
procedures;
(3) survey the Federal agencies and offices to determine
what is effective and how to best facilitate outreach without
duplicating efforts;
(4) develop a strategy for allocating responsibilities and
ensuring participation in multi-agency projects, even when
faced with competing agency priorities; and
(5) coordinate plans to communicate research results so
reporting and outreach activities produce more useful and
timely information.
(e) Agency Public Participation Efforts.--
(1) Outreach efforts.--Each Federal agency listed in
subsection (c) shall carry out and report outreach activities
to the Working Group, including the following:
(A) Respond directly to inquiries from the public
and other stakeholders.
(B) Maintain Web sites and listservers.
(C) Produce and distribute hardcopy documents and
multimedia products.
(D) Conduct or sponsor briefings, lectures, and
press conferences.
(E) Testify before Congress or other government
bodies.
(F) Finance scholarships, fellowships, and
internships.
(G) Support museum exhibits and other public
displays.
(H) Sponsor, participate, or otherwise contribute
to meetings attended by stakeholders.
(I) Provide scientifically-sound content for K-12
education activities.
(J) Fund outreach efforts managed outside the
Federal Government.
(2) Stakeholders.--To ensure their active public
participation and to provide input early in environmental
decision-making, Federal agencies along with the Working Group
shall develop ways to enhance partnerships and coordination
with stakeholders, including affected communities, Federal,
Tribal, State, and local governments, environmental
organizations, nonprofit organizations, academic institutions
(including Historically Black Colleges and Universities
(HBCUs), Hispanic Serving Institutions (HSIs), and Tribal
Colleges), and business and industry.
(f) Authorization of Appropriations.--
(1) There are authorized to be appropriated for each of the
entities named in section 3(a) and (b), $1,000,000 for each of
fiscal years 2008 through 2018 to carry out this section.
(2) There are authorized to be appropriated for the
purposes of section 3(c), (d), and (e) such sums as may be
necessary for each of fiscal years 2008 through 2018.
SEC. 4. COMMUNITY ACCESS AND PARTICIPATION IN FEDERAL ENVIRONMENTAL
JUSTICE INITIATIVES.
(a) Community Technology Centers.--
(1) In general.--Federal agencies shall collaboratively
fund and establish community technology centers to assist with
technical assistance issues in the environmental justice area,
coordinated by the Interagency Federal Working Group on
Environmental Justice.
(2) Description.--In this subsection, the term ``community
technology center'' (CTC) refers to programs with the goal of
providing at least 10 hours of open access a week for anyone in
a community, especially youth and adults in low-income urban
and rural communities, for purposes of providing technical
assistance to communities experiencing issues associated with
environmental hazards.
(3) Location.--A community technology center may be located
in places such as libraries, community centers, schools,
churches, social service agencies, low-income residential
housing complexes, and Minority Academic Institutions (such as
Historically Black Colleges and Universities, Hispanic Serving
Institutions, and Tribal Colleges).
(4) Criteria for establishment of community technology
centers.--The President shall recommend the minimum number of
community technology centers based on demographic profiles of
environmental justice communities, within 12 months of the
implementation of this Act.
(5) Activities of community technology center.--A community
technology center funded under this section shall--
(A) assist community members in becoming active
participants in cleanup and environmental development
activities;
(B) provide independent and credible technical
assistance to communities affected by hazardous waste
contamination;
(C) review and interpret technical documents and
other materials;
(D) sponsor workshops, short courses, and other
learning experiences to explain basic science and
environmental policy;
(E) inform community members about existing
technical assistance materials, such as publications,
videos, and web sites;
(F) offer training to community leaders in
facilitation and conflict resolution among
stakeholders; and
(G) create technical assistance materials tailored
to the identified needs of a community.
(6) Reporting requirements.--To further the development of
the mandated environmental justice offices, the following
reports on identified accomplishments, complaints, and
implementation of this Act shall be undertaken:
(A) The President shall present an annual report to
Congress on the state of environmental justice in the
agencies identified in this Act within 12 months after
the enactment of this Act.
(B) The Government Accountability Office shall
report to Congress an evaluation of the implementation
of this Act within 18 months after the enactment of
this Act.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the entities named in this section such sums as may be
necessary for each of fiscal years 2008 through 2018 to carry out this
section.
SEC. 5. DOCUMENTATION AND REPORTS.
To further the development of the mandated environmental justice
offices, and other initiatives set forth by this Act, the following
reports on identified accomplishments, complaints, and implementation
of this Act shall be undertaken:
(1) The President shall present an annual report to
Congress on the state of environmental justice in the agencies
identified in this Act within 12 months after the enactment of
this Act.
(2) The Government Accountability Office shall report to
Congress an evaluation of the implementation of this Act within
18 months after the enactment of this Act.
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Environmental Justice Access and Implementation Act of 2007 - Requires specified federal agencies to establish an Office of Environmental Justice pursuant to Executive Order 12898 (concerning federal actions to address environmental justice in minority and low-income populations).
Defines "environmental justice" as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income in the development, implementation, and enforcement of environmental laws and regulations. Requires the inclusion of minority and low-income populations with health vulnerabilities and exposure to certain environmental conditions in criteria for defining an environmental justice community.
Requires federal agencies to integrate the environmental justice strategy developed under Executive Order 12898 into their operations and missions and explicitly address compliance with this Act.
Directs the Interagency Federal Working Group on Environmental Justice (Working Group) to coordinate an integrated environmental justice training plan for federal agencies.
Requires federal agencies subject to the requirements of this Act to carry out certain outreach activities relating to environmental justice and to report on such activities to the Working Group.
Directs federal agencies to fund and establish community technology centers to provide technical assistance and other services in the environmental justice area.
Requires the President and the Government Accountability Office (GAO) to provide certain reports to Congress relating to environmental justice.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Civil Rights Enforcement
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) title II of the Civil Rights Act of 1968 (25 U.S.C.
1301 et seq.) (commonly known as the ``Indian Civil Rights
Act'') was enacted to protect the civil rights of individuals
who interact with tribal governments and other tribal
organizations;
(2) individuals who interact with tribal governments and
other tribal organizations continue to suffer civil rights
abuses, including unfair dismissals from employment with a
tribal government or other tribal organization, election
irregularities, and improper use of law enforcement authority;
(3) a 1991 report of the United States Commission on Civil
Rights found that the enforcement of rights guaranteed by the
Act commonly known as the ``Indian Civil Rights Act'' continued
to be impeded by reluctance among Indian tribes to waive tribal
immunity;
(4) Congress has considered the impediments to enforcing
the Act commonly known as the ``Indian Civil Rights Act'' for a
period preceding the date of enactment of this Act of more than
10 years;
(5) under article III of the Constitution of the United
States, individuals have the opportunity to seek action in a
district court of the United States after exhausting remedies
in tribal courts for enforcement of the Act commonly known as
the ``Indian Civil Rights Act''; and
(6) to provide for the opportunity referred to in paragraph
(5), tribal immunity should be waived.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe or band with a governing body duly recognized by
the Secretary of the Interior.
(2) Tribal government.--The term ``tribal government''
means a governing body of an Indian tribe referred to in
paragraph (1).
(3) Tribal immunity.--The term ``tribal immunity'' means
the immunity of an Indian tribe from jurisdiction of the
courts, judicial review of an action of that Indian tribe, and
other remedies.
(4) Tribal organization.--The term ``tribal organization''
has the meaning given that term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
SEC. 4. INDIAN CIVIL RIGHTS ACT ENFORCEMENT.
Title II of the Civil Rights Act of 1968 (commonly known as the
``Indian Civil Rights Act'') (25 U.S.C. 1301 et seq.) is amended by
adding at the end the following:
``SEC. 204. ENFORCEMENT.
``(a) In General.--The district courts of the United States shall
have jurisdiction in any civil rights action alleging a failure to
comply with rights secured by the requirements of this title.
``(b) Compliance.--Upon exhaustion of remedies in a tribal court of
appropriate jurisdiction (if any) to seek compliance with rights
secured under this title as are timely and reasonable, an aggrieved
individual may bring an action against an Indian tribe (including a
tribal organization (as that term is defined in section 4(l) of that
Act (25 U.S.C. 450b(l)) or official of that Indian tribe)) in a
district court of the United States, or the Attorney General of the
United States may bring such an action against an Indian tribe for--
``(1) a declaratory judgment; or
``(2) equitable relief (including injunctive relief)
against an Indian tribe, to the extent necessary to enforce the
rights secured under this title.
``(c) Treatment of Findings of Tribal Court.--
``(1) In general.--In a civil action brought under
subsection (b), the district court shall adopt any findings of
fact made by the tribal court involved (if any) with respect to
the action, unless the district court determines that--
``(A) the tribal court did not operate
independently from the legislative or executive
authority of the Indian tribe involved;
``(B) the tribal court was not authorized to
determine matters of law and fact, or the tribal court
did not fully determine those matters;
``(C) the tribal court permitted a person or entity
subject to this title to assert a defense of immunity
in a declaratory action or an action to seek equitable
relief;
``(D) the tribal court failed to resolve the merits
of the factual dispute involved;
``(E) the tribal court employed a factfinding
procedure that was not adequate to afford a full and
fair hearing;
``(F) the tribal court did not adequately develop
facts that are material to the case;
``(G) the tribal court failed to provide a full,
fair, and adequate hearing; or
``(H) the factual determinations of the tribal
court are not fairly supported by the record.
``(2) De novo review.--In any action described in paragraph
(1), if the court finds that a condition described in
subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of that
paragraph applies, the district court shall conduct a de novo
review of the allegations contained in the complaint.
``(d) Waiver of Tribal Immunity.--To the extent necessary to
enforce this title, the tribal immunity (as that term is defined in
section 3 of the Indian Civil Rights Enforcement Act) of an Indian
tribe subject to an action under subsection (b) is waived.''.
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Indian Civil Rights Enforcement Act - Amends the Indian Civil Rights Act to grant jurisdiction to the U.S. district courts in any civil rights action alleging a failure to comply with rights secured under such Act.
Permits an aggrieved individual or the Attorney General to bring an action in a U.S. district court for a declaratory judgment or equitable relief against an Indian tribe , upon exhaustion of remedies in a tribal court of appropriate jurisdiction (if any), to seek compliance with such rights as are timely and reasonable. Provides for the district court to adopt any findings of fact made by the tribal court (if any) with respect to the action, unless it determines that the tribal court: (1) did not operate independently from the legislative or executive authority of the tribe; (2) was not authorized to determine matters of law and fact or did not fully determine those matters; (3) permitted a person or entity to assert a defense of immunity in a declaratory action or an action to seek equitable relief; (4) failed to resolve the merits of the factual dispute; (5) employed a fact finding procedure that was not adequate to afford a full and fair hearing; (6) did not adequately develop facts that are material to the case; (7) failed to provide a full, fair, and adequate hearing; or (8) made factual determinations that are not fairly supported by the record. Requires the district court, if it finds that such a condition applies, to conduct a de novo review of the allegations contained in the complaint.
Waives tribal immunity if necessary to enforce this Act.
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Condense the following text into a summary: SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Stornetta
Outstanding Natural Area Act of 2010''.
(b) Definitions.--In this Act:
(1) Public lands.--The term ``public lands'' has the
meaning stated in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1703(e)).
(2) Outstanding natural area.--The term ``Outstanding
Natural Area'' means the Stornetta Outstanding Natural Area
established under section 2.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Stornetta public lands.--The term ``Stornetta Public
Lands'' means the lands designated as such on the map referred
to in section 2(b).
SEC. 2. DESIGNATION OF THE STORNETTA OUTSTANDING NATURAL AREA.
(a) In General.--In order to protect, conserve, and enhance for the
benefit and enjoyment of present and future generations the unique and
nationally important historical, natural, cultural, scientific,
educational, scenic, and recreational values of certain lands in and
around the Stornetta Public Lands, in Mendocino County, California,
while allowing certain recreational and research activities to
continue, there is established, subject to valid existing rights, the
Stornetta Outstanding Natural Area.
(b) Map.--The Outstanding Natural Area shall consist of the lands
generally depicted as the Stornetta Outstanding Natural Area on the map
titled ``Stornetta Outstanding Natural Area'' and dated December 3,
2009. The map shall be on file and available for public inspection in
the Office of the Director, Bureau of Land Management, United States
Department of the Interior, and the State office of the Bureau of Land
Management in the State of California.
(c) Basis of Management.--The Secretary shall manage the
Outstanding Natural Area as part of the National Landscape Conservation
System to protect the resources of the area, and shall allow only those
uses that further the purposes for the establishment of the Outstanding
Natural Area, the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), and other applicable laws.
(d) Withdrawal.--Subject to valid existing rights, the Federal
lands and interests in lands included within the Outstanding Natural
Area are hereby withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the public land
mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws and the mineral materials laws.
SEC. 3. MANAGEMENT OF THE STORNETTA OUTSTANDING NATURAL AREA.
(a) In General.--The Secretary shall manage the Outstanding Natural
Area in a manner that conserves, protects, and enhances the unique and
nationally important historical, natural, cultural, scientific,
educational, scenic, and recreational values of that area, consistent
with the requirements section of 2(c).
(b) Uses.--Subject to valid existing rights, the Secretary shall
only allow such uses of the Outstanding Natural Area as the Secretary
finds are likely to further the purposes for which the Outstanding
Natural Area is established as set forth in section 2(a).
(c) Management Plan.--Not later than 3 years after funds are made
available for this purpose, the Secretary shall complete a
comprehensive management plan consistent with the requirements of
section 202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712) to provide long-term management guidance for the public
lands within the Outstanding Natural Area and fulfill the purposes for
which it is established, as set forth in section 2(a). The management
plan shall be developed in consultation with appropriate Federal,
State, and local government agencies, with full public participation,
and shall include--
(1) provisions designed to ensure the protection of the
resources and values described in section 2(a);
(2) a proposal for minimal administrative and public
facilities to be developed or improved at a level compatible
with achieving the resources objectives for the Outstanding
Natural Area as described in subsection (a) and with other
proposed management activities to accommodate visitors and
researchers to the Outstanding Natural Area; and
(3) cultural resources management strategies for the
Outstanding Natural Area, prepared in consultation with
appropriate departments of the State of California, with
emphasis on the preservation of the resources of the
Outstanding Natural Area and the interpretive, education, and
long-term scientific uses of the resources, giving priority to
the enforcement of the Archaeological Resources Protection Act
of 1979 (16 U.S.C. 470aa et seq.) and the National Historic
Preservation Act (16 U.S.C. 470 et seq.) within the Outstanding
Natural Area.
(d) Cooperative Agreements.--In order to better implement the
management plan and to continue the successful partnerships with local
communities, the California Coastal National Monument and Manchester
State Park, administered by the California Department of Parks and
Recreation, the Secretary may enter into cooperative agreements with
the appropriate Federal, State, and local agencies pursuant to section
307(b) of the Federal Land Management Policy and Management Act of 1976
(43 U.S.C. 1737(b)).
(e) Research Activities.--In order to continue the successful
partnership with research organizations and agencies and to assist in
the development and implementation of the management plan, the
Secretary may authorize within the Outstanding Natural Area appropriate
research activities for the purposes identified in section 2(a) and
pursuant to section 307(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1737(a)).
(f) Acquisition.--State and privately held lands or interests in
lands adjacent to the Outstanding Natural Area and identified as
appropriate for acquisition in the management plan may be acquired by
the Secretary as part of the Outstanding Natural Area only by--
(1) donation;
(2) exchange with a willing party; or
(3) purchase from a willing seller.
(g) Additions to the Outstanding Natural Area.--Any lands or
interest in lands adjacent to the Outstanding Natural Area acquired by
the United States after the date of the enactment of this Act shall be
added to and administered as part of the Outstanding Natural Area.
(h) Overflights.--Nothing in this Act or the management plan shall
be construed to--
(1) restrict or preclude overflights, including low-level
overflights, military, commercial, and general aviation
overflights that can be seen or heard within the Outstanding
Natural Area;
(2) restrict or preclude the designation or creation of new
units of special use airspace or the establishment of military
flight training routes over the Outstanding Natural Area; or
(3) modify regulations governing low-level overflights
above the adjacent Gulf of the Farallones National Marine
Sanctuary.
(i) Law Enforcement Activities.--Nothing in this Act shall be
construed to preclude or otherwise affect coastal border security
operations or other law enforcement activities by the Coast Guard or
other agencies within the Department of Homeland Security, the
Department of Justice, or any other Federal, State, and local law
enforcement agencies within the Outstanding Natural Area.
(j) Native American Uses and Interests.--In recognition of the past
use of the Outstanding Natural Area by Indians and Indian tribes for
traditional cultural and religious purposes, the Secretary shall ensure
reasonable access to the Outstanding Natural Area by Indians and Indian
tribes for such traditional cultural and religious purposes. In
implementing this section, the Secretary, upon the request of a
federally recognized Indian tribe or Indian religious community, may
temporarily close to the general public use of one or more specific
portions of the Outstanding Natural Area in order to protect the
privacy of traditional cultural and religious activities in such areas
by the federally recognized Indian tribe or Indian religious community.
Any such closure shall be made to affect the smallest practicable area
for the minimum period necessary for such purposes. Such access shall
be consistent with the purpose and intent of Public Law 95-341 (42
U.S.C. 1996 et seq.; commonly referred to as the ``American Indian
Religious Freedom Act'').
(k) No Buffer Zones.--The designation of the Outstanding Natural
Area is not intended to lead to the creation of protective perimeters
or buffer zones around the area. The fact that activities outside the
Outstanding Natural Area and not consistent with the purposes of this
Act can be seen or heard within the Outstanding Natural Area shall not,
of itself, preclude such activities or uses up to the boundary of the
Outstanding Natural Area.
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Stornetta Outstanding Natural Area Act of 2010 - Establishes the Stornetta Public Lands Outstanding Natural Area in Mendocino County, California, for the protection, conservation, and enhancement of the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Stornetta Public Lands, while allowing certain recreational and research activities to continue.
Requires management of the Outstanding Natural Area as part of the National Landscape Conservation System for the protection of the resources of the Area. Allows only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976, and other applicable laws.
Withdraws federal lands and interests included within the Outstanding Natural Area from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.
Requires the Secretary of the Interior to complete a comprehensive management plan to provide long-term management guidance for public lands within the Outstanding Natural Area and to fulfill the purposes for which it is established.
Authorizes the Secretary to enter into cooperative agreements with federal, state, and local agencies under the Federal Land Management Policy and Management Act involving the management, protection, development, and sale of public lands to better implement the management plan and to continue partnerships with local communities and the California Coastal National Monument and Manchester State Park.
Allows the Secretary to authorize research activities within the Outstanding Natural Area for the purposes identified in this Act and pursuant to the Federal Land Policy and Management Act to conduct investigations, studies, and experiments on the Scretary's own initiative or, in cooperation with others, involving the management, protection, development, acquisition, and conveying of public lands.
Permits the acquisition of adjacent state and privately held lands or interests and identified as appropriate for acquisition in the management plan only by donation, exchange with a willing party, or purchase from a willing seller.
Specifies this Act's effect respecting: (1) military, commercial, and general aviation overflights; (2) law enforcement activities by the Coast Guard, the Department of Homeland Security (HHS), the Department of Justice (DOJ) and other federal, state, and local law enforcement agencies; and (3) protective perimeters and buffer zones.
Ensures reasonable access to the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes. Permits temporary closures of one or more specific parts of the Outstanding Natural Area to the public to protect the privacy of traditional cultural and religious activities in those areas by a federally recognized Indian tribe or Indian religious community.
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Summarize the following text: 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.
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Provides for the establishment of the Rails to Resources Fund to pay for the costs of commission activities.
Authorizes appropriations.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Business With Terrorists Act of
2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Control in fact.--The term ``control in fact'', with
respect to a corporation or other legal entity, includes--
(A) in the case of--
(i) a corporation, ownership or control (by
vote or value) of at least 50 percent of the
capital structure of the corporation; and
(ii) any other kind of legal entity,
ownership or control of interests representing
at least 50 percent of the capital structure of
the entity; or
(B) control of the day-to-day operations of a
corporation or entity.
(2) Person subject to the jurisdiction of the united
states.--The term ``person subject to the jurisdiction of the
United States'' means--
(A) an individual, wherever located, who is a
citizen or resident of the United States;
(B) a person actually within the United States;
(C) a corporation, partnership, association, or
other organization or entity organized under the laws
of the United States, or of any State, territory,
possession, or district of the United States;
(D) a corporation, partnership, association, or
other organization, wherever organized or doing
business, that is owned or controlled in fact by a
person or entity described in subparagraph (A) or (C);
and
(E) a successor, subunit, or subsidiary of an
entity described in subparagraph (C) or (D).
(3) Foreign person.--The term ``foreign person'' means--
(A) an individual who is an alien;
(B) a corporation, partnership, association, or any
other organization or entity that is organized under
the laws of a foreign country or has its principal
place of business in a foreign country;
(C) a foreign governmental entity operating as a
business enterprise; and
(D) a successor, subunit, or subsidiary of an
entity described in subparagraph (B) or (C).
SEC. 3. CLARIFICATION OF SANCTIONS.
(a) Prohibitions on Engaging in Transactions With Foreign
Persons.--
(1) In general.--In the case of a person subject to the
jurisdiction of the United States that is prohibited as
described in subsection (b) from engaging in a transaction with
a foreign person, that prohibition shall also apply to--
(A) each subsidiary and affiliate, wherever
organized or doing business, of the person prohibited
from engaging in such a transaction; and
(B) any other entity, wherever organized or doing
business, that is controlled in fact by that person.
(2) Prohibition on control.--A person subject to the
jurisdiction of the United States that is prohibited as
described in subsection (b) from engaging in a transaction with
a foreign person shall also be prohibited from controlling in
fact any foreign person that is engaged in such a transaction
whether or not that foreign person is subject to the
jurisdiction of the United States.
(b) IEEPA Sanctions.--Subsection (a) applies in any case in which--
(1) the President takes action under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the
Trading with the Enemy Act (50 U.S.C. App.) to prohibit a
person subject to the jurisdiction of the United States from
engaging in a transaction with a foreign person; or
(2) the Secretary of State has determined that the
government of a country that has jurisdiction over a foreign
person has repeatedly provided support for acts of
international terrorism under section 6(j) of the Export
Administration Act of 1979 (as in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)), or any other provision of law, and because of that
determination a person subject to the jurisdiction of the
United States is prohibited from engaging in transactions with
that foreign person.
(c) Cessation of Applicability by Divestiture or Termination of
Business.--
(1) In general.--In any case in which the President has
taken action described in subsection (b) and such action is in
effect on the date of enactment of this Act, the provisions of
this section shall not apply to a person subject of the
jurisdiction of the United States if such person divests or
terminates its business with the government or person
identified by such action within 90 days after the date of
enactment of this Act.
(2) Actions after date of enactment.--In any case in which
the President takes action described in subsection (b) on or
after the date of enactment of this Act, the provisions of this
section shall not apply to a person subject to the jurisdiction
of the United States if such person divests or terminates its
business with the government or person identified by such
action within 90 days after the date of such action.
(d) Publication in Federal Register.--Not later than 90 days after
the date of enactment of this Act, the President shall publish in the
Federal Register a list of persons with respect to whom there is in
effect a sanction described in section 3(b) and shall publish notice of
any change to that list in a timely manner.
SEC. 4. NOTIFICATION OF CONGRESS OF TERMINATION OF INVESTIGATION BY
OFFICE OF FOREIGN ASSETS CONTROL.
(a) Requirement for Notification.--The Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at
the end the following new section:
``SEC. 42. NOTIFICATION OF CONGRESS OF TERMINATION OF INVESTIGATION BY
OFFICE OF FOREIGN ASSETS CONTROL.
``The Director of the Office of Foreign Assets Control shall notify
Congress upon the termination of any investigation by the Office of
Foreign Assets Control of the Department of the Treasury if any
sanction is imposed by the Director of such office as a result of the
investigation.''.
(b) Clerical Amendment.--The table of contents in subsection (b) of
such Act is amended by adding at the end the following new item:
``Sec. 42. Notification of Congress of termination of
investigation by Office of Foreign Assets
Control.''.
SEC. 5. ANNUAL REPORTING.
(a) Sense of Congress.--It is the sense of the Congress that
investors and the public should be informed of activities engaged in by
a person that may threaten the national security, foreign policy, or
economy of the United States, so that investors and the public can use
the information in their investment decisions.
(b) Regulations.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Securities and Exchange Commission
shall issue regulations that require any person subject to the
annual reporting requirements of section 13 of the Securities
Exchange Act of 1934 (15 U.S.C. 78m) to disclose in that
person's annual reports--
(A) any ownership stake of at least 10 percent (or
less if the Commission deems appropriate) in a foreign
person that is engaging in a transaction prohibited
under section 3(a) of this Act or that would be
prohibited if such person were a person subject to the
jurisdiction of the United States; and
(B) the nature and value of any such transaction.
(2) Person described.--A person described in this section
is an issuer of securities, as that term is defined in section
3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c), that
is subject to the jurisdiction of the United Sates and to the
annual reporting requirements of section 13 of the Securities
Exchange Act of 1934 (15 U.S.C. 78m).
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Stop Business With Terrorists Act of 2005 - States that, in the case of a person subject to the jurisdiction of the United States that is prohibited from engaging in a transaction with a foreign person, such prohibition shall also apply to: (1) each subsidiary or affiliate of the person so prohibited; and (2) any other entity that is controlled in fact by that person. Prohibits such a person from controlling in fact any foreign person who is engaged in such a transaction whether or not the foreign person is subject to the jurisdiction of the United States. Defines as a person subject to the jurisdiction of the United States: (1) a citizen or resident of the United States; (2) a person actually within the United States; (3) a corporation, partnership, or other organization or entity organized under the laws of the United States or any state, territory, or possession thereof; (4) a corporation, partnership, or other organization owned or controlled in fact by a person or entity described in (1) or (3).
Makes the prohibition applicable in any case in which: (1) the President takes action under the International Emergency Economic Powers Act or the Trading With the Enemy Act to prohibit a person subject to the jurisdiction of the United States from engaging in a transaction with a foreign person; or (2) the Secretary of State has determined that the government of a country that has jurisdiction over a foreign person has repeatedly provided support for acts of international terrorism. Allows a subject person 90 days to divest or terminate the prohibited business with the foreign person. Requires the President to publish a list of foreign persons under sanction.
Requires the Director of the Office of Foreign Assets Control to notify Congress if any sanction is imposed by such Office as a result of an investigation.
Expresses the sense of Congress that investors and the public should be informed of activities engaged in by a person that may threaten the national security, foreign policy, or economy of the United States.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taylor Force Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Palestinian Authority's practice of paying salaries
to terrorists serving in Israeli prisons, as well as to the
families of deceased terrorists, is an incentive to commit acts
of terror.
(2) The United States does not provide direct budgetary
support to the Palestinian Authority. The United States does
pay certain debts held by the Palestinian Authority and funds
programs for which the Palestinian Authority would otherwise be
responsible.
(3) The United States Government supports community-based
programs in the West Bank and Gaza that provide for basic human
needs, such as food, water, health, shelter, protection,
education, and livelihoods, and that promote peace and
development.
(4) Since fiscal year 2015, annual appropriations
legislation has mandated the reduction of Economic Support Fund
aid for the Palestinian Authority as a result of their payments
for acts of terrorism including, in fiscal year 2017, a
reduction ``by an amount the Secretary determines is equivalent
to the amount expended by the Palestinian Authority, the
Palestine Liberation Organization, and any successor or
affiliated organizations with such entities as payments for
acts of terrorism by individuals who are imprisoned after being
fairly tried and convicted for acts of terrorism and by
individuals who died committing acts of terrorism during the
previous calendar year''.
SEC. 3. SENSE OF CONGRESS.
Congress--
(1) calls on the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations to stop payments for acts of terrorism by
individuals who are imprisoned after being fairly tried and
convicted for acts of terrorism and by individuals who died
committing acts of terrorism and to repeal the laws authorizing
such payments;
(2) calls on all donor countries providing budgetary
assistance to the Palestinian Authority to cease direct
budgetary support until the Palestinian Authority stops all
payments incentivizing terror;
(3) urges the Palestinian Authority to develop programs to
provide essential public services and support to any individual
in need within its jurisdictional control, rather than to
provide payments contingent on perpetrating acts of violence;
(4) urges the United States Permanent Representative to the
United Nations to use the voice, vote, and influence of the
United States at the United Nations to highlight the issue of
Palestinian Authority payments for acts of terrorism and to
urge other Member States to apply pressure upon the Palestinian
Authority to immediately cease such payments; and
(5) urges the Department of State to use its bilateral and
multilateral engagements with all governments and organizations
committed to the cause of peace between Israel and the
Palestinians to highlight the issue of Palestinian Authority
payments for acts of terrorism and to urge such governments and
organizations to join the United States in calling on the
Palestinian Authority to immediately cease such payments.
SEC. 4. LIMITATION ON ASSISTANCE TO THE WEST BANK AND GAZA.
(a) Limitation.--
(1) In general.--For fiscal year 2018 and each of the five
subsequent fiscal years, funds authorized to be appropriated or
otherwise made available for assistance under chapter 4 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.; relating to Economic Support Fund) and available for
assistance for the West Bank and Gaza that directly benefits
the Palestinian Authority may only be made available for such
purpose if, except as provided in subsection (d), not later
than 30 days after the date of the enactment of this Act, and
every 180 days thereafter, the Secretary of State certifies in
writing to the appropriate congressional committees that the
Palestinian Authority, the Palestine Liberation Organization,
and any successor or affiliated organizations--
(A) are taking credible steps to end acts of
violence against Israeli citizens and United States
citizens that are perpetrated or materially assisted by
individuals under their jurisdictional control, such as
the March 2016 attack that killed former United States
Army officer Taylor Force, a veteran of the wars in
Iraq and Afghanistan;
(B) have terminated payments for acts of terrorism
against Israeli citizens and United States citizens to
any individual, after being fairly tried, who has been
imprisoned for such acts of terrorism and to any
individual who died committing such acts of terrorism,
including to a family member of such individuals;
(C) have revoked any law, decree, regulation, or
document authorizing or implementing a system of
compensation for imprisoned individuals that uses the
sentence or period of incarceration of an individual
imprisoned for an act of terrorism to determine the
level of compensation paid, or have taken comparable
action that has the effect of invalidating any such
law, decree, regulation, or document; and
(D) are publicly condemning such acts of violence
and are taking steps to investigate or are cooperating
in investigations of such acts to bring the
perpetrators to justice.
(2) Additional certification requirement.--The Secretary of
State shall include in the certification required under
paragraph (1) the definition of ``acts of terrorism'' that the
Secretary used for purposes of making the determination in
subparagraph (B) of such paragraph.
(b) Exception.--
(1) In general.--Subject to paragraph (2), the limitation
on assistance under subsection (a) shall not apply to--
(A) payments made to the East Jerusalem Hospital
Network;
(B) assistance for wastewater projects; and
(C) assistance for any other program, project, or
activity that provides vaccinations to children.
(2) Notification.--The Secretary of State shall notify in
writing the appropriate congressional committees not later than
15 days prior to making funds available for assistance under
subparagraph (A), (B), or (C) of paragraph (1).
(c) Rule of Construction.--Funds withheld pursuant to this
section--
(1) shall be deemed to satisfy any similar withholding or
reduction required under any other provision of law relating to
the Palestinian Authority's payments for acts of terrorism; and
(2) shall be in an amount that is not less than the total
amount required by such other provision of law.
(d) Initial Use and Disposition of Withheld Funds.--
(1) Period of availability.--Funds withheld pursuant to
this section are authorized to remain available for an
additional 2 years from the date on which the availability of
such funds would otherwise have expired.
(2) Use of funds.--Funds withheld pursuant to this section
may be made available for assistance for the West Bank and Gaza
that directly benefits the Palestinian Authority upon a
certification by the Secretary of State that the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations have met the conditions
set forth in subsection (a). Except as provided in paragraph
(3), such funds may not be made available for any purpose other
than for assistance for the West Bank and Gaza that directly
benefits the Palestinian Authority.
(3) Disposition of unused funds.--Beginning on the date
that is 180 days after the last day on which the initial
availability of funds withheld pursuant to this section would
otherwise have expired, such funds are authorized to be made
available to the Department of State for assistance under
chapter 4 of part II of the Foreign Assistance Act of 1961 (22
U.S.C.2346 et seq.; relating to Economic Support Fund) for
purposes other than assistance for the West Bank and Gaza.
(e) Report.--
(1) In general.--If the Secretary of State is unable to
certify in writing to the appropriate congressional committees
that the Palestinian Authority, the Palestine Liberation
Organization, and any successor or affiliated organizations
have met the conditions described in subsection (a), the
Secretary shall, not later than 15 days after the date on which
the Secretary is unable to make such certification, submit to
the appropriate congressional committees a report that contains
the following:
(A) The reasons why the Secretary was unable to
certify in writing that such organizations have met
such requirements.
(B) The definition of ``acts of terrorism'' that
the Secretary used for purposes of making the
determination in subparagraph (B) of subsection (a)(1).
(C) The total amount of funds to be withheld.
(2) Form.--The report required by this subsection shall be
submitted in unclassified form but may include a classified
annex.
(f) List of Criteria.--
(1) In general.--Not later than 15 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a list of the
criteria that the Secretary uses to determine whether
assistance for the West Bank and Gaza is assistance that
directly benefits the Palestinian Authority for purposes of
carrying out this section.
(2) Update.--The Secretary of State shall submit to the
appropriate congressional committees an updated list under
paragraph (1) not later than 15 days after the date on which
the Secretary makes any modification to the list.
SEC. 5. INITIAL REPORT.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report describing those
programs, projects, and activities funded by the United States
Government that have been or will be suspended by reason of withholding
of funds under section 4.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
SEC. 6. ANNUAL REPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 6 years, the
Secretary of State shall submit to the appropriate congressional
committees a report including at a minimum the following elements:
(1) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations during the previous
calendar year as payments for acts of terrorism by individuals
who are imprisoned for such acts.
(2) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any
successor or affiliated organizations during the previous
calendar year as payments to the families of deceased
individuals who committed an act of terrorism.
(3) An overview of Palestinian laws, decrees, regulations,
or documents in effect the previous calendar year that
authorize or implement any payments reported under paragraphs
(1) and (2).
(4) A description of United States Government policy,
efforts, and engagement with the Palestinian Authority in order
to confirm the revocation of any law, decree, regulation, or
document in effect the previous calendar year that authorizes
or implements any payments reported under paragraphs (1) and
(2).
(5) A description of United States Government policy,
efforts, and engagement with other governments, and at the
United Nations, to highlight the issue of Palestinian payments
for acts of terrorism and to urge other nations to join the
United States in calling on the Palestinian Authority to
immediately cease such payments.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.
Passed the House of Representatives December 5, 2017.
Attest:
KAREN L. HAAS,
Clerk.
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Taylor Force Act (Sec. 4) This bill prohibits certain FY2018-FY2023 economic support assistance that directly benefits the Palestinian Authority (PA) from being made available for the West Bank and Gaza unless the Department of State certifies that the PA, the Palestine Liberation Organization, and any successor or affiliated organizations: are taking steps to end acts of violence against U.S. and Israeli citizens perpetrated by individuals under their jurisdictional control, such as the March 2016 attack that killed former Army officer Taylor Force; have revoked any law, decree, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or incarceration period to determine compensation; have terminated payments for acts of terrorism against U.S. and Israeli citizens to any individual who has been fairly tried and imprisoned for such acts, to any individual who died committing such acts, and to family members of such an individual; and are publicly condemning such acts of violence and are investigating such acts. This assistance limitation shall not apply to: (1) the East Jerusalem Hospital Network, (2) wastewater projects, and (3) children's vaccination projects. Withheld funds shall remain available for up to two years before being reallocated. (Sec. 5) The bill prescribes initial and annual reporting requirements.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Automobile Fuel Efficiency
Improvements Act of 2003''.
SEC. 2. PHASED INCREASES IN FUEL ECONOMY STANDARDS.
(a) Passenger Automobiles.--
(1) Minimum standards.--Subsection (b) of section 32902 of
title 49, United States Code, is amended to read as follows:
``(b) Passenger Automobiles.--Except as otherwise provided under
this section, the average fuel economy standard for passenger
automobiles manufactured by a manufacturer in a model year--
``(1) after model year 1984 and before model year 2006
shall be 25 miles per gallon;
``(2) after model year 2005 and before model year 2009
shall be 28 miles per gallon;
``(3) after model year 2008 and before model year 2012
shall be 32 miles per gallon;
``(4) after model year 2011 and before model year 2015
shall be 36 miles per gallon; and
``(5) after model year 2014 shall be 40 miles per
gallon.''.
(2) Higher standards set by regulation.--Subsection (c) of
such section is amended--
(A) in the first sentence of paragraph (1)--
(i) by striking ``Subject to paragraph (2)
of this subsection, the'' and inserting
``The''; and
(ii) by striking ``amending the standard''
and inserting ``increasing the standard
otherwise applicable'';
(B) by striking paragraph (2); and
(C) by designating the text composed of the second
and third sentences of paragraph (1) as paragraph (2)
and realigning such paragraph, as so designated, flush
with the left margin.
(b) Non-Passenger Automobiles.--Subsection (a) of such section is
amended--
(1) by striking ``At least 18 months before each model
year,'' and inserting the following:
``(1) The average fuel economy standard applicable for automobiles
(except passenger automobiles) manufactured by a manufacturer in a
model year--
``(A) after model year 1984 and before model year 2006
shall be 17 miles per gallon;
``(B) after model year 2005 and before model year 2009
shall be 19 miles per gallon;
``(C) after model year 2008 and before model year 2012
shall be 21.5 miles per gallon;
``(D) after model year 2011 and before model year 2015
shall be 24.5 miles per gallon; and
``(E) after model year 2014 shall be 27.5 miles per gallon,
except as provided under paragraph (2).
``(2) At least 18 months before the beginning of each model year
after model year 2015,''; and
(2) by adding at the end the following new paragraph:
``(3) If the Secretary does not increase the average fuel economy
standard applicable under paragraph (1)(E) or (2), or applicable to any
class under paragraph (2), within 24 months after the latest increase
in the standard applicable under paragraph (1)(E) or (2), the Secretary
shall submit to Congress a report containing an explanation of the
reasons for not increasing the standard. The report shall be submitted
not later than 90 days after the expiration of the 24-month period.''.
SEC. 3. INCREASED INCLUSIVENESS OF DEFINITIONS OF AUTOMOBILE AND
PASSENGER AUTOMOBILE.
(a) Automobile.--
(1) In general.--Paragraph (3) of section 32901(a) of title
49, United States Code, is amended--
(A) by striking ``6,000 pounds'' each place it
appears in subparagraphs (A) and (B) and inserting
``12,000 pounds''; and
(B) in subparagraph (B)--
(i) by striking ``10,000 pounds'' and
inserting ``14,000 pounds''; and
(ii) in clause (ii), by striking ``an
average fuel economy standard'' and all that
follows through ``conservation or''.
(2) Special rule.--Section 32908(a)(1) of such title is
amended by striking ``8,500 pounds'' and inserting ``14,000
pounds''.
(b) Passenger Automobile.--Paragraph (16) of section 32901(a) of
such title is amended to read as follows:
``(16) `passenger automobile'--
``(A) means, except as provided in subparagraph
(B), an automobile having a gross vehicle weight of
12,000 pounds or less that is designed to be used
principally for the transportation of persons; but
``(B) does not include--
``(i) a vehicle that has a primary load
carrying device or container attached;
``(ii) a vehicle that has a seating
capacity of more than 12 persons;
``(iii) a vehicle that has a seating
capacity of more than 9 persons behind the
driver's seat; or
``(iv) a vehicle that is equipped with a
cargo area of at least 6 feet in interior
length that does not extend beyond the frame of
the vehicle and is an open area or is designed
for use as an open area but is enclosed by a
cap and is not readily accessible directly from
the passenger compartment.''.
(c) Applicability.--The amendments made by this section shall apply
with respect to automobiles manufactured for model years after the
automobile model year in which this Act is enacted.
SEC. 4. CIVIL PENALTIES.
(a) Increased Penalty for Violations of Fuel Economy Standards.--
Subsection (b) of section 32912 of title 49, United States Code, is
amended--
(1) by inserting ``(1)'' after ``Standards.--'';
(2) by striking ``$5'' and inserting ``the dollar amount
applicable under paragraph (2)'';
(3) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively; and
(4) by adding at the end the following new paragraph:
``(2)(A) The dollar amount referred to in paragraph (1) is $10, as
increased from time to time under subparagraph (B).
``(B) Effective on October 1 of each year, the dollar amount
applicable under subparagraph (A) shall be increased by the percentage
(rounded to the nearest one-tenth of one percent) by which the price
index for July of such year exceeds the price index for July of the
preceding year. The amount calculated under the preceding sentence
shall be rounded to the nearest $0.10.
``(C) In this paragraph, the term `price index' means the Consumer
Price Index for all-urban consumers published monthly by the Department
of Labor.''.
(b) Conforming Amendment.--Subsection (c)(1) of such section is
amended--
(1) by striking subparagraph (B); and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(c) Applicability.--The amendments made by subsection (a) shall
apply with respect to automobiles manufactured for model years after
the automobile model year in which this Act is enacted.
SEC. 5. ACCURATE FUEL ECONOMY TESTING.
(a) Biennial Report on Testing Quality.--
(1) Requirement for report.--
(A) In general.--Chapter 329 of title 49, United
States Code, is amended by adding at the end the
following new section:
``Sec. 32920. Biennial report on testing quality
``(a) Requirement for Report.--Not later than October 1 of each
odd-numbered year, the Secretary of Transportation shall submit to
Congress a report on the quality of the testing for determining
automobile fuel economy under this chapter for all currently available
technologies for autmobiles.
``(b) Content of Report.--The report shall include the following
information:
``(1) An assessment of the accuracy of the fuel economy
determined for automobiles in relation to actual highway and
road vehicle fuel economy.
``(2) A discussion of changes in testing methodology that
are planned to be made, together with an assessment of the
effects that such changes are expected to have on the accuracy
of the measures of automobile fuel economy resulting from the
use of the testing methodology as changed.
``(c) Consultation Requirement.--The Secretary of Transportation
and the Administrator of the Environmental Protection Agency shall
consult on the preparation of the biennial report under this
section.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``32920. Biennial report on testing quality.''.
(2) First report.--The first report under section 32920 of
title 49, United States Code, as added by paragraph (1), shall
be submitted to Congress in 2005.
(b) Improvement of Process for Measuring Fuel Economy.--
(1) Study.--
(A) Requirement for study.--The Secretary of
Transportation shall provide for the John A. Volpe
National Transportation Systems Center to carry out a
study--
(i) to determine what practicable
automobile fuel economy testing process
provides the most accurate measures of actual
automobile fuel economy in highway use, in
urban use, and in combined highway and in urban
use; and
(ii) to compare the average automobile fuel
economy ratings calculated under the testing
process determined under clause (i) for each
category of automobile use described in that
clause with the corresponding automobile fuel
economy ratings calculated under the testing
process in use under chapter 329 of title 49,
United States Code, on the date of the
enactment of this Act.
(B) Report.--Not later than two years after the
date of the enactment of this Act, the Secretary shall
submit to Congress a report on the results of the study
under subparagraph (A). The report shall include the
following:
(i) Determinations.--The determination and
comparisons made under clauses (i) and (ii) of
subparagraph (A).
(ii) Estimate of equivalent fuel economy.--
An estimate of the average adjustment to
automobile fuel economy ratings calculated
under the testing process used for the purposes
of chapter 329 of title 49, United States Code,
as of the date of enactment of this Act that is
needed to conform those ratings closely to the
automobile fuel economy ratings calculated
under the testing process determined most
accurate under subparagraph (A)(i).
(2) Testing procedure revision.--
(A) Requirement for revised procedure.--Not later
than 180 days after the report required under paragraph
(1)(B) is submitted to Congress, the Secretary of
Transportation shall prescribe in regulations--
(i) a revised testing procedure for
accurately measuring the actual automobile fuel
economy of each model of automobile; and
(ii) a requirement that the revised testing
procedure be applied for the purposes of
chapter 329 of title 49, United States Code, to
determine the average fuel economy of the
automobiles manufactured in model years after
model year 2006.
(B) Model for revised procedure.--The testing
procedure prescribed under subparagraph (A) shall be
based on the testing process identified in the report
required under paragraph (1)(B) as providing the most
accurate measures of actual automobile fuel economy.
(3) Comparable adjustment in average fuel economy
standards.--
(A) Requirement for adjustment.--For automobiles
manufactured in model years after model year 2006, the
Secretary of Transportation shall amend each average
fuel economy standard prescribed under section 32902 of
title 49, United States Code, to take into account
improved accuracy in the calculation of automobile fuel
economy that results from use of the revised testing
procedure applied as required under paragraph (2).
(B) Condition.--The Secretary shall ensure that
each average fuel economy standard applied as amended
under subparagraph (A) is at least as stringent as the
corresponding average fuel economy standard that the
Secretary would have applied under section 32902 of
title 49, United States Code, if the fuel economy
testing procedure had not been revised as required
under paragraph (2).
SEC. 6. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
Section 32917 of title 49, United States Code, is amended--
(1) in paragraph (1) of subsection (b)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``passenger''; and
(ii) by striking ``to achieve'' and all
that follows and inserting ``to achieve--'';
and
(B) by striking subparagraphs (A) and (B) and
inserting the following:
``(A) in the case of non-passenger automobiles, a fleet
average fuel economy for that year of at least the average fuel
economy standard applicable under subsection (a) of section
32902 of this title for the model year that includes January 1
of that fiscal year; and
``(B) in the case of passenger automobiles, a fleet average
fuel economy for that year of at least the average fuel economy
standard applicable under subsection (b) or (c) of such section
for such model year.'';
(2) in paragraph (2) of subsection (b)--
(A) by striking ``Fleet average fuel economy is--''
and inserting ``For the purposes of paragraph (1), the
fleet average fuel economy of non-passenger or
passenger automobiles in a fiscal year is--'';
(B) in subparagraph (A)--
(i) by striking ``passenger automobiles''
and inserting ``the non-passenger automobiles
or passenger automobiles, respectively, that
are''; and
(ii) by striking ``in a fiscal year'' and
inserting ``in such fiscal year''; and
(C) in subparagraph (B), by inserting ``such''
after ``the number of''; and
(3) by adding at the end the following new subsection:
``(c) Minimum Number of Exceptionally Fuel-Efficient Vehicles.--The
President shall prescribe regulations that require that--
``(1) at least 20 percent of the passenger automobiles
leased for at least 60 consecutive days or bought by executive
agencies in a fiscal year have a vehicle fuel economy rating
that is at least 5 miles per gallon higher than the average
fuel economy standard applicable to the automobile under
subsection (b) or (c) of section 32902 of this title for the
model year that includes January 1 of that fiscal year; and
``(2) beginning in fiscal year 2009, at least 10,000
vehicles in the fleet of automobiles used by executive agencies
in a fiscal year have a vehicle fuel economy at least 5 miles
per gallon higher than the average fuel economy standards
applicable to such automobiles under section 32902 of this
title for the model year that includes January 1 of that fiscal
year.''.
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Automobile Fuel Efficiency Improvements Act of 2003 - Amends the Federal transportation code to phase in an increase in average fuel economy standards: (1) from 25 miles per gallon for passenger automobiles manufactured between model years 1984 and 2006 to 40 miles per gallon for those manufactured after model year 2014; and (2) from 17 miles per gallon for non-passenger automobiles manufactured between model years 1984 and 2006 to 27.5 miles per gallon for those manufactured after model year 2014. Requires the Secretary of Transportation to prescribe such standards for non-passenger automobiles at least 18 months before the beginning of each model year after model year 2015.
Revises the definitions of automobile and passenger automobile, increasing the weight standards and seating capacity.
Increases the civil penalties for violations of fuel economy standards.
Requires the Secretary of Transportation to: (1) report biennially to Congress on the quality of the automobile fuel economy testing for all currently available automobile technologies; and (2) provide for the John A. Volpe National Transportation Systems Center to study what practicable automobile fuel economy testing process provides the most accurate measures of actual automobile fuel economy in highway use, in urban use, and in combined highway and in urban use.
Directs the Secretary to prescribe: (1) a revised testing procedure for accurately measuring the actual automobile fuel economy of each automobile model, based on the latter study; and (2) amended average fuel economy standards taking into account improved accuracy in their calculation resulting from use of such procedure.
Amends the Federal transportation code to revise requirements for the fleet average fuel economy standards for U.S. executive agency automobiles, both passenger and non-passenger.
Directs the President to prescribe regulations that require a specified minimum number of exceptionally fuel-efficient vehicles leased or bought by U.S. executive agencies.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing the Pittman-Robertson
Fund for Tomorrow's Needs Act of 2016''.
SEC. 2. PURPOSE.
The first section of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669) is amended by adding at the end the following: ``One of
the purposes of this Act is to extend financial and technical
assistance to the States for the promotion of hunting and recreational
shooting.''.
SEC. 3. DEFINITIONS.
Section 2 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (4) through (10), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the term `hunter recruitment and recreational shooter
recruitment' means any activity or project to recruit or retain
hunters and recreational shooters, including by--
``(A) using social media, marketing, advertising,
surveying, television spots, print, and media;
``(B) providing education, mentoring, and field
demonstrations;
``(C) enhancing access for hunting and recreational
shooting, including through range construction;
``(D) providing education to the public about the
role of hunting and recreational shooting in funding
wildlife conservation; and
``(E) using any other means to ensure the growth of
hunting and recreational shooting, as determined by the
Secretary;
``(3) the term `fiscal year' means a period of 12
consecutive months beginning on October 1 and ending on the
succeeding September 30, except that the period for enumeration
of paid hunting-license holders means the fiscal year or
license year of the State;''.
SEC. 4. ALLOCATION AND APPORTIONMENT OF AVAILABLE AMOUNTS.
(a) Apportionment to States.--Section 4(b) of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669c(b)) is amended--
(1) in the first sentence, by striking ``The Secretary of
the Interior'' and inserting the following:
``(1) In general.--The Secretary'';
(2) in the second sentence, by striking ``Such
apportionments'' and inserting the following:
``(2) Adjustments.--The apportionments described in
paragraph (1)'';
(3) by striking the third sentence; and
(4) by adding at the end the following:
``(3) Use of funds.--
``(A) In general.--Subject to subparagraph (B),
amounts apportioned under this subsection may be used
for hunter recruitment and recreational shooter
recruitment.
``(B) Limitation.--A State may only make an
expenditure under subparagraph (A) if the amount of the
expenditure during the fiscal year in which the
expenditure is made plus the amount of the expenditures
for hunter recruitment and recreational shooter
recruitment made during the 4 fiscal years preceding
that fiscal year is equal to or less than 25 percent of
the total amount apportioned to the State under this
subsection during that 5-fiscal-year period.''.
(b) Apportionment of Certain Taxes.--Section 4(c) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C. 669c(c)) is amended--
(1) in the first sentence--
(A) by striking ``One-half'' and inserting the
following:
``(1) Apportionment of certain taxes.--
``(A) In general.--Subject to subparagraph (B), \1/
2\''; and
(B) by striking ``Provided, That each State'' and
inserting the following:
``(B) Condition.--The apportionment made under
subparagraph (A) shall be subject to the condition that
each State'';
(2) in subparagraph (A) (as so designated), by striking
``States:'' and inserting ``States.'';
(3) in subparagraph (B) (as so designated), by striking
``For the purpose'' and inserting the following:
``(2) Population determination.--For the purpose''; and
(4) by adding at the end the following:
``(3) Use of funds.--Amounts apportioned under this
subsection may be used for hunter recruitment and recreational
shooter recruitment.''.
SEC. 5. EXPENDITURES FOR MANAGEMENT OF WILDLIFE AREAS AND RESOURCES.
Section 8 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669g) is amended--
(1) in subsection (a), in the third sentence, by striking
``and public relations''; and
(2) in subsection (b), in the first sentence, by striking
``, as a part of such program''.
SEC. 6. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.
Section 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration
Act (16 U.S.C. 669h-1(a)(1)(A)) is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(v) the enhancement of hunter recruitment
and recreational shooter recruitment; and''.
SEC. 7. MULTISTATE CONSERVATION GRANT PROGRAM.
Section 11 of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669h-2) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Not more than'' and inserting the
following:
``(A) In general.--Not more than''; and
(B) by adding at the end the following:
``(B) Availability for hunter and recreational
shooter grants.--Not more than $5,000,000 of the
revenues covered into the fund from any tax imposed
under section 4161(b) of the Internal Revenue Code of
1986 for a fiscal year shall be available to the
Secretary exclusively for making hunter recruitment and
recreational shooter recruitment grants that promote a
national hunting and shooting sport recruitment
program, including related communication and outreach
activities.'';
(2) in subsection (b)(3), in the matter preceding
subparagraph (A), by striking ``International'';
(3) in subsection (c)(2)(A)(i), by inserting ``or to
recreational shooting activities'' after ``wildlife''; and
(4) in subsection (d), by inserting ``or to recreational
shooting activities'' after ``wildlife''.
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Modernizing the Pittman-Robertson Fund for Tomorrow's Needs Act of 2016 This bill amends the Pittman-Robertson Wildlife Restoration Act to make it one of the purposes of the Act to extend financial and technical assistance to the states for the promotion of hunting and recreational shooting. The bill also prescribes a formula for the allocation of funds apportioned to a state that may be used for any activity or project to recruit or retain hunters and recreational shooters. Amounts apportioned to the states from any taxes on pistols, revolvers, bows, and arrows may be used for hunter recruitment and recreational shooter recruitment. The funds apportioned to a state for wildlife restoration management may be used for related public relations. If a state has not used all of the tax revenues apportioned to it for firearm and bow hunter education and safety program grants, it may use its remaining apportioned funds for the enhancement of hunter recruitment and recreational shooter recruitment. Up to $5 million of the revenues covered into wildlife restoration fund in the Treasury from any tax imposed for a fiscal year on the sale of certain bows, arrows, and archery equipment shall be available to the Department of the Interior exclusively for making hunter recruitment and recreational shooter recruitment grants that promote a national hunting and shooting sport recruitment program, including related communication and outreach activities.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Foods Equity Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Newborns are screened for inborn errors of metabolism,
but treatment for such conditions is not uniformly covered by
insurance.
(2) Each year approximately 2,550 children in the United
States are diagnosed with an inborn error of metabolism
disorder, requiring foods modified to be void of the nutrient
or nutrients the child's body is incapable of processing, or
requiring supplementation with vitamins or amino acids.
(3) More than 35 States have passed laws to at least
partially address the inequity in coverage for medically
necessary foods, critical treatment for such disorders.
(4) The cost associated with providing medically necessary
foods presents a large financial burden for many families.
(5) There is no current cure for inborn errors of
metabolism disorders and treatment is necessary during the
entire lifespan of the individual.
SEC. 3. COVERAGE IN CERTAIN FEDERAL HEALTH PROGRAMS OF MEDICALLY
NECESSARY FOOD AND FOOD MODIFIED TO BE LOW PROTEIN.
(a) Coverage Under the Medicare Program.--
(1) Coverage of medically necessary food under the original
medicare fee-for-service program.--
(A) In general.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(i) in subparagraph (EE), by striking
``and'' at the end;
(ii) in subparagraph (FF), by inserting
``and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
``(GG) medically necessary food (as defined in subsection
(iii)) and food modified to be low protein that is formulated
to be consumed or administered under the supervision of a
qualified medical provider, for the treatment of conditions as
recommended by the Advisory Committee on Heritable Disorders in
Newborns and Children, and the medical equipment and supplies
necessary to administer such food;''.
(B) Definition.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at
the end the following new subsection:
``(iii)(1) The term `medically necessary food'--
``(A) means a food which is formulated to be consumed or
administered enterally under the supervision of a physician and
which is intended for the specific dietary management of a
disease or condition for which distinctive nutritional
requirements, based on recognized scientific principles, are
established by medical evaluation; and
``(B) includes nutritionally modified counterparts of
traditional foods and other forms of foods such as formulas,
pills, capsules, and bars, so long as consumed or administered
enterally.
``(2) For purposes of paragraph (1), the term `enterally' refers to
consumption or administration through the gastrointestinal tract,
whether orally or by tube.''.
(C) Payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking ``and'' before ``(Z)''; and
(ii) by inserting before the semicolon at
the end the following: ``, and (AA) with
respect to medically necessary food and
pharmacological doses of vitamins and amino
acids under section 1861(s)(2)(GG), the amounts
paid shall be 80 percent of the lesser of the
actual charge for the services or 85 percent of
the amount determined under the fee schedule
established under section 1848(b) for the same
services if furnished by a physician''.
(2) Inclusion of pharmacological doses of vitamins and
amino acids as a covered part d drug.--
(A) In general.--Section 1860D-2(e)(1) of the
Social Security Act (42 U.S.C. 1395w-102(e)(1)) is
amended--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
comma at the end and inserting ``; or''; and
(iii) by inserting after subparagraph (B)
the following new subparagraph:
``(C) pharmacological doses of vitamins and amino
acids used for the treatment of inborn errors of
metabolism, for the treatment of conditions as
recommended by the Advisory Committee on Heritable
Disorders in Newborns and Children and as prescribed by
a qualified medical provider,''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply to plan years beginning on
or after the date that is 6 months after date of
enactment of this Act.
(b) Coverage Under the Medicaid Program.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (a)--
(i) in paragraph (12), by inserting
``including pharmacological doses of vitamins
and amino acids used for the treatment of
inborn errors of metabolism, for the treatment
of conditions as recommended by the Advisory
Committee on Heritable Disorders in Newborns
and Children and as prescribed by a qualified
medical provider,'' after ``prescribed
drugs,'';
(ii) in paragraph (28), by striking ``and''
at the end;
(iii) by redesignating paragraph (29) as
paragraph (30); and
(iv) by inserting after paragraph (28) the
following new paragraph:
``(29) medically necessary food (as defined in subsection
(ee)) and food modified to be low protein that is formulated to
be consumed or administered under the supervision of a
qualified medical provider, for the treatment of conditions as
recommended by the Advisory Committee on Heritable Disorders in
Newborns and Children, and the medical equipment and supplies
necessary to administer such food; and''; and
(B) by adding at the end the following new
subsection:
``(ee) Medically Necessary Food Defined.--
``(1) In general.--For purposes of subsection (a)(29), the
term `medically necessary food'--
``(A) means a food which is formulated to be
consumed or administered enterally under the
supervision of a physician and which is intended for
the specific dietary management of a disease or
condition for which distinctive nutritional
requirements, based on recognized scientific
principles, are established by medical evaluation; and
``(B) includes nutritionally modified counterparts
of traditional foods and other forms of foods such as
formulas, pills, capsules, and bars, so long as
consumed or administered enterally.
``(2) Enterally.--For purposes of paragraph (1), the term
`enterally' refers to consumption or administration through the
gastrointestinal tract, whether orally or by tube.''.
(2) Exception to rebate exclusion.--Section 1927(d)(2)(E)
of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(E)) is
amended by inserting ``, pharmacological doses of vitamins and
amino acids used for the treatment of inborn errors of
metabolism, for the treatment of conditions as recommended by
the Advisory Committee on Heritable Disorders in Newborns and
Children and as prescribed by a qualified medical provider,''
after ``prenatal vitamins''.
(3) Conforming amendment.--Section 1902(a)(10)(A) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in
the matter preceding clause (i), by striking ``and (28)'' and
inserting ``(28), and (29)''.
(4) Exception to effective date if state legislation
required.--In the case of a State plan for medical assistance
under title XIX of the Social Security Act which the Secretary
of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirement imposed
by the amendments made by this subsection, the State plan shall
not be regarded as failing to comply with the requirements of
such title solely on the basis of its failure to meet this
additional requirement before the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a
separate regular session of the State legislature.
(c) Coverage Under CHIP.--
(1) In general.--
(A) Medically necessary food.--Section 2103(c) of
the Social Security Act (42 U.S.C. 1397cc(c)) is
amended by adding at the end the following:
``(9) Medically necessary food.--
``(A) In general.--The child health assistance
provided to a targeted low-income child under the plan
shall include coverage of medically necessary food and
food modified to be low protein that is formulated to
be consumed or administered under the supervision of a
qualified medical provider, for the treatment of
conditions as recommended by the Advisory Committee on
Heritable Disorders in Newborns and Children, and the
medical equipment and supplies necessary to administer
such food.
``(B) Definitions.--In this paragraph--
``(i) the term `medically necessary food'--
``(I) means a food which is
formulated to be consumed or
administered enterally under the
supervision of a physician and which is
intended for the specific dietary
management of a disease or condition
for which distinctive nutritional
requirements, based on recognized
scientific principles, are established
by medical evaluation; and
``(II) includes nutritionally
modified counterparts of traditional
foods and other forms of foods such as
formulas, pills, capsules, and bars, so
long as consumed or administered
enterally; and
``(ii) the term `enterally' refers to
consumption or administration through the
gastrointestinal tract, whether orally or by
tube.''.
(B) Vitamins and amino acids.--Section 2110(a)(6)
of the Social Security Act (42 U.S.C. 1397jj(a)(6)) is
amended by striking ``and biologicals and the
administration of such drugs and biologicals, only if
such drugs and biologicals'' and inserting ``,
pharmacological doses of vitamins and amino acids used
for the treatment of inborn errors of metabolism, for
the treatment of conditions as recommended by the
Advisory Committee on Heritable Disorders in Newborns
and Children and as prescribed by a qualified medical
provider, and biologicals, and the administration of
such drugs, vitamins and amino acids, and biologicals,
only if such drugs, vitamins and amino acids, and
biologicals''.
(2) Conforming amendment.--Section 2103(a) of the Social
Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter
preceding paragraph (1), by striking ``, and (7)'' and
inserting ``, (7), and (9)''.
(3) Exception to effective date if state legislation
required.--In the case of a State child health plan for child
health assistance under title XXI of the Social Security Act
which the Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirement imposed by the amendments made by this
subsection, the State child health plan shall not be regarded
as failing to comply with the requirements of such title solely
on the basis of its failure to meet this additional requirement
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
(d) Availability of Medically Necessary Food, Food Modified To Be
Low Protein, and Related Items Under the TRICARE Program.--Section 1077
of title 10, United States Code, is amended--
(1) in subsection (a)(8), by striking ``including'' and all
that follows and inserting ``including the following:
``(A) Well-baby care that includes one screening of
an infant for the level of lead in the blood of the
infant.
``(B) In accordance with subsection (g), medically
necessary food (as defined in section 1861(iii) of the
Social Security Act) and food modified to be low
protein that is formulated to be consumed or
administered under the supervision of a qualified
medical provider, for the treatment of conditions as
recommended by the Advisory Committee on Heritable
Disorders in Newborns and Children, and the medical
equipment and supplies necessary to administer such
food.
``(C) In accordance with subsection (g),
pharmacological doses of vitamins and amino acids used
for the treatment of inborn errors of metabolism and
other conditions as recommended by the Advisory
Committee on Heritable Disorders in Newborns and
Children and as prescribed by a qualified medical
provider.''; and
(2) by adding at the end the following new subsection:
``(g) Treatments described in subparagraphs (B) and (C) of
subsection (a)(8) may be provided under this section to a patient
regardless of the age of the patient.''.
(e) Coverage Under FEHBP.--
(1) In general.--Section 8904 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
``(c)(1) Any health benefits plan offered under this chapter shall,
in accordance with paragraph (2), include benefits for--
``(A) medically necessary food (as defined in section
1861(iii) of the Social Security Act) and food modified to be
low protein that is formulated to be consumed or administered
under the supervision of a qualified medical provider, for the
treatment of conditions as recommended by the Advisory
Committee on Heritable Disorders in Newborns and Children, and
the medical equipment and supplies necessary to administer such
food; and
``(B) pharmacological doses of vitamins and amino acids
used for the treatment of inborn errors of metabolism, for the
treatment of conditions as recommended by the Advisory
Committee on Heritable Disorders in Newborns and Children and
as prescribed by a qualified medical provider.
``(2) Benefits for treatments described in subparagraphs (A) and
(B) of paragraph (1) shall be provided under such a health benefits
plan to an individual regardless of the age of the individual.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to contract years beginning after the date that is
9 months after the date of enactment of this Act.
SEC. 4. EFFECTIVE DATE.
Subject to subsections (b)(4) and (c)(3) of section (3), the
amendments made by section 3 (other than subsection (e) of such
section) shall apply to plan years and contract years beginning after
the date that is 6 months after the date of enactment of this Act.
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Medical Foods Equity Act of 2013 - Amends titles XVIII (Medicare), XIX (Medicaid), and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to provide coverage of medically necessary food and food modified to be low protein formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children (the Advisory Committee), and the medical equipment and supplies necessary to administer such food. Provides coverage under the Department of Defense (DOD) TRICARE and Federal Employees Health Benefits (FEHBP) programs for such health benefits. Defines "medically necessary food" as a food formulated to be consumed or administered through the gastrointestinal tract orally or by tube under the supervision of a physician and intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation. Includes nutritionally modified counterparts of traditional foods and other forms of foods such as formulas, pills, capsules, and bars. Provides Medicare, Medicaid, and CHIP prescription drug coverage of pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee, and as prescribed by a qualified medical provider. Provides similar coverage of such items under the TRICARE and FEHBP programs, without regard to the age of the patient.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Security Act of 1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) economic security is an integral part of national
security;
(2) the development of new ideas and technical innovation
is critical to sustaining a healthy and competitive national
economy;
(3) encouraging innovation and creativity requires adequate
protection of vital economic proprietary information, both
tangible and intangible;
(4) over 50 countries have covertly tried to obtain
advanced technologies from United States industries;
(5) the theft, wrongful destruction or alteration,
misappropriation, or wrongful conversion by foreign governments
or their agents of vital economic proprietary information
belonging to United States owners directly and substantially
threatens the health and competitiveness of critical segments
of the United States economy and, consequently, the Nation's
security; and
(6) current laws are inadequate to protect against economic
espionage by foreign governments or those acting on their
behalf.
(b) Purpose.--The purpose of this Act is to protect the national
security by preventing economic espionage and furthering the
development and lawful utilization of United States vital proprietary
economic information by protecting it from theft, wrongful destruction
or alteration, misappropriation, and conversion by foreign governments
and their agents or instrumentalities. This Act is intended to protect
the vital proprietary economic information of the United States
Government and United States firms, businesses, industries, and
individuals both domestically and abroad by punishing individuals,
corporations, and institutions that engage in economic espionage with
the intent or purpose of aiding foreign nations or governments and
their instrumentalities and agents.
SEC. 3. PREVENTION OF ECONOMIC ESPIONAGE AND PROTECTION OF VITAL
PROPRIETARY ECONOMIC INFORMATION.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 421
et seq.) is amended by adding at the end the following new title:
``TITLE IX--ECONOMIC ESPIONAGE AND PROTECTION OF VITAL PROPRIETARY
ECONOMIC INFORMATION
``SEC. 901. DEFINITIONS.
``As used in this title:
``(1) The term `foreign corporation, institution, or
instrumentality' means any corporation, agency, component,
institution, association, instrumentality, or legal,
commercial, or business entity that is substantially owned,
controlled, sponsored, commanded, managed, or dominated by a
foreign government or subdivision of a foreign government.
``(2) The term `foreign agent' means any officer, employee,
proxy, servant, delegate, or representative of a foreign nation
or government.
``(3) The term `person' means a natural person,
corporation, agency, association, institution, or any other
legal, commercial, or business entity.
``(4) The term `vital proprietary economic information'
means all forms and types of financial, business, scientific,
technical, economic, or engineering information, including
data, plans, tools, mechanisms, compounds, formulas, designs,
prototypes, processes, procedures, programs, codes, or
commercial strategies, whether tangible or intangible, and
however stored, compiled, or memorialized, if--
``(A) the owner has taken reasonable measures to
keep such information confidential; and
``(B) the information derives independent economic
value, actual or potential, from not being generally
known to, and not being readily ascertainable,
acquired, or developed by legal means by the public.
``(5) The term `owner' means the United States person or
persons in whom, or United States Government component,
department, or agency in which, rightful legal, beneficial, or
equitable title to, or license in, vital proprietary economic
information is reposed.
``(6) The term `United States person' means--
``(A) in the case of a natural person, a United
States citizen or permanent resident alien; and
``(B) in the case of a nonnatural person, an entity
substantially owned or controlled by the United States
Government or by United States citizens or permanent
resident aliens, or incorporated in the United States.
``SEC. 902. ENGAGING IN ECONOMIC ESPIONAGE TO AID FOREIGN NATIONS,
GOVERNMENTS, CORPORATIONS, INSTITUTIONS,
INSTRUMENTALITIES, OR AGENTS.
``(a) In General.--Any person who, with intent to, or reason to
believe that it will, injure any owner and benefit any foreign nation,
government, corporation, institution, instrumentality, or agent--
``(1) steals, wrongfully appropriates, takes, carries away,
or conceals, or by fraud, artifice, or deception obtains vital
proprietary economic information;
``(2) wrongfully copies, duplicates, sketches, draws,
photographs, downloads, uploads, alters, destroys, photocopies,
replicates, transmits, delivers, sends, mails, communicates, or
conveys vital proprietary economic information;
``(3) receives, buys, or possesses vital proprietary
economic information, knowing the vital proprietary economic
information to have been obtained by any of the means described
in paragraph (1) or (2);
``(4) attempts to commit any offense described in
paragraphs (1) through (3);
``(5) wrongfully solicits another to commit any offense
described in paragraphs (1) through (3); or
``(6) conspires with one or more other persons to commit
any offense described in paragraphs (1) through (3), and one or
more of such persons do any act to effect the object of the
conspiracy,
shall, except as provided in subsection (b), be fined not more than
$500,000 or imprisoned not more than 25 years, or both.
``(b) Corporations.--Any corporation that commits any offense
described in subsection (a) shall be fined not more than $10,000,000.
``SEC. 903. CRIMINAL FORFEITURE.
``(a) In General.--Notwithstanding any provision of State law, any
person convicted of a violation under this title shall forfeit to the
United States--
``(1) any property constituting or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(2) any of the person's property used, or intended to be
used, in any manner or part to commit or facilitate the
commission of such violation.
``(b) Court Order.--The court, in imposing a sentence on such
person, shall order, in addition to any other sentence imposed pursuant
to this title, that the person forfeit to the United States all
property described in this section.
``(c) Applicable Law.--Property subject to forfeiture under this
section, any seizure and disposition thereof, and any administrative or
judicial proceeding in relation thereto, shall be governed by section
413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 853), except for subsection 413(d) which shall not apply to
forfeitures under this section.
``(d) Crime Victims Fund.--Notwithstanding section 524(c) of title
28, United States Code, there shall be deposited in the Crime Victims
Fund established under section 1402 of the Victims of Crime Act of 1984
(42 U.S.C. 10601) all amounts from the forfeiture of property under
this section remaining after the payment of the expenses for forfeiture
and sale authorized by law.
``SEC. 904. IMPORT AND EXPORT SANCTIONS.
``(a) In General.--The President may prohibit, for a period of up
to 5 years, the importation into, or exportation from, the United
States of any product produced, made, assembled, or manufactured by a
person convicted of any offense described in section 902.
``(b) Civil Penalties.--The Attorney General may impose a civil
penalty not to exceed 5 times the value of the exports or imports
involved or $100,000, whichever is greater, against any person who
knowingly violates any order of the President issued under the
authority of this title. Such penalty may be imposed only after notice
and opportunity for a hearing on the record in accordance with sections
554 through 557 of title 5.
``SEC. 905. EXTRATERRITORIALITY.
``(a) Conduct Occurring in the United States.--This title applies
to conduct occurring within the territorial and special maritime
jurisdiction of the United States.
``(b) Conduct Occurring Outside the United States.--This title
applies to conduct occurring outside the United States if--
``(1) the offender is a United States person; or
``(2) the victim of the offense is an owner, as defined in
section 901, and the offense was intended to have or had a
substantial or direct effect on the United States.
``SEC. 906. CONSTRUCTION WITH OTHER LAWS.
``This title shall not be construed to preempt or displace any
other Federal or State remedies, whether civil or criminal, for the
misappropriation of vital proprietary economic information, or to
affect the otherwise lawful disclosure of information by any government
employee under section 552 of title 5 (commonly known as the Freedom of
Information Act).
``SEC. 907. PRESERVATION OF CONFIDENTIALITY.
``In any prosecution under this title, the court may enter such
orders and take such other action as may be necessary and appropriate
to preserve the confidentiality of vital proprietary economic
information, consistent with rule 16 of the Federal Rules of Criminal
Procedure, the Federal Rules of Evidence, and other applicable laws. An
interlocutory appeal by the United States shall lie from a decision or
order of a district court authorizing the disclosure of vital
proprietary economic information.
``SEC. 908. LAW ENFORCEMENT AND INTELLIGENCE ACTIVITIES.
``This title does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or an intelligence agency of the United
States.''.
(b) Technical Amendment.--The table of contents of the National
Security Act of 1947 is amended by adding at the end the following:
``TITLE IX--ECONOMIC ESPIONAGE AND PROTECTION OF VITAL PROPRIETARY
ECONOMIC INFORMATION
``Sec. 901. Definitions.
``Sec. 902. Engaging in economic espionage to aid foreign nations,
governments, corporations, institutions,
instrumentalities, or agents.
``Sec. 903. Criminal forfeiture.
``Sec. 904. Import and export sanctions.
``Sec. 905. Extraterritoriality.
``Sec. 906. Construction with other laws.
``Sec. 907. Preservation of confidentiality.
``Sec. 908. Law enforcement and intelligence activities.''.
SEC. 4. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS.
Section 2516(1)(a) of title 18, United States Code, is amended by
inserting ``title IX of the National Security Act of 1947 (relating to
economic espionage and protection of vital proprietary economic
information in interstate and foreign commerce),'' after ``fuel),''.
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Economic Security Act of 1996 - Amends the National Security Act of 1947 to impose penalties upon individuals and corporations that engage in economic espionage, or that attempt, conspire, or solicit others to do so, in order to aid foreign nations, governments, corporations, institutions, instrumentalities, or agents.
Provides for the forfeiture of any property that is used to commit, or that constitutes or is derived from any proceeds obtained as the result of, such violation.
Authorizes: (1) the President to prohibit for a period of up to five years the importation into, or exportation from, the United States of any product produced, made, assembled, or manufactured by a person convicted of any such offense; and (2) the Attorney General to impose a civil penalty (after notice and opportunity for a hearing on the record) not to exceed five times the value of the exports or imports involved or $100,000, whichever is greater, against any person who knowingly violates any such presidential order.
Sets forth provisions regarding: (1) extraterritoriality; (2) construction with other laws; (3) confidentiality; and (4) law enforcement and intelligence activities.
Includes economic espionage among the offenses with respect to which the Attorney General may authorize an application for, and a Federal judge may grant, an order authorizing interception of wire, oral, or electronic communications.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project Exile: The Safe Streets and
Neighborhoods Act of 2000''.
SEC. 2. FIREARMS SENTENCING INCENTIVE GRANTS.
(a) Program Established.--Title II of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1815) is
amended--
(1) by redesignating subtitle D as subtitle E; and
(2) by inserting after subtitle C the following:
``Subtitle D--Firearms Sentencing Incentive Grants
``SEC. 20351. DEFINITIONS.
``In this subtitle:
``(1) Firearm.--The term `firearm' has the meaning given
the term in section 921(a) of title 18, United States Code.
``(2) Part 1 violent crime.--The term `part 1 violent
crime' means murder and nonnegligent manslaughter, forcible
rape, robbery, and aggravated assault, as reported to the
Federal Bureau of Investigation for purposes of the Uniform
Crime Reports.
``(3) Serious drug trafficking crime.--The term `serious
drug trafficking crime' means an offense under State law for
the manufacture or distribution of a controlled substance, for
which State law authorizes to be imposed a sentence to a term
of imprisonment of not less than 10 years.
``(4) State.--The term `State' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
``(5) Unit of local government.--The term `unit of local
government' has the meaning given the term in section 901(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791(a)).
``(6) Violent crime.--The term `violent crime' means murder
and nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault, or a crime in a reasonably comparable class
of serious violent crimes, as approved by the Attorney General.
``SEC. 20352. AUTHORIZATION OF GRANTS.
``(a) In General.--From amounts made available to carry out this
subtitle, the Attorney General shall award Firearms Sentencing
Incentive Grants to eligible States in accordance with this subtitle.
``(b) Allowable Uses.--Grants awarded under this subtitle may be
used by a State only--
``(1) to support--
``(A) law enforcement agencies;
``(B) prosecutors;
``(C) courts;
``(D) probation officers;
``(E) correctional officers;
``(F) the juvenile justice system;
``(G) the expansion, improvement, and coordination
of criminal history records; or
``(H) case management programs involving the
sharing of information about serious offenders;
``(2) to carry out a public awareness and community support
program described in section 20353(a)(2); or
``(3) to build or expand correctional facilities.
``(c) Subgrants.--A State may use grants awarded under this
subtitle directly or by making subgrants to units of local government
within that State.
``SEC. 20353. FIREARMS SENTENCING INCENTIVE GRANTS.
``(a) Eligibility.--Except as provided in subsection (b), to be
eligible to receive a grant award under this section, a State shall
submit an application to the Attorney General, which shall comply with
the following requirements:
``(1) Firearms sentencing laws.--The application shall
demonstrate that the State has implemented firearms sentencing
laws requiring 1 or both of the following:
``(A) Any person who, during and in relation to any
violent crime or serious drug trafficking crime, uses
or carries a firearm, shall, in addition to the
punishment provided for that crime of violence or
serious drug trafficking crime, be sentenced to a term
of imprisonment of not less than 5 years (without the
possibility of parole during that term).
``(B) Any person who, having not less than 1 prior
conviction for a violent crime, possesses a firearm,
shall, for such possession, be sentenced to a term of
imprisonment of not less than 5 years (without the
possibility of parole during that term).
``(2) Public awareness and community support program.--The
application shall demonstrate that the State has implemented,
or will implement not later than 6 months after receiving a
grant under this subtitle, a public awareness and community
support program that seeks to build support for, and warns
potential violators of, the firearms sentencing laws
implemented under paragraph (1).
``(3) Coordination with federal government; crime reduction
in high-crime areas.--The application shall provide assurances
that the State--
``(A) will coordinate with Federal prosecutors and
Federal law enforcement agencies whose jurisdictions
include the State, so as to promote Federal involvement
and cooperation in the enforcement of laws within that
State; and
``(B) will allocate its resources in a manner
calculated to reduce crime in the high-crime areas of
the State.
``(b) Alternate Eligibility Requirement.--
``(1) In general.--A State that is unable to demonstrate in
its application that the State meets the requirement of
subsection (a)(1) shall be eligible to receive a grant award
under this subtitle notwithstanding that inability, if that
State, in such application, provides assurances that the State
has in effect an equivalent Federal prosecution agreement.
``(2) Equivalent federal prosecution agreement.--For
purposes of paragraph (1), an equivalent Federal prosecution
agreement is an agreement with appropriate Federal authorities
that ensures that 1 or more of the following:
``(A) If a person engages in the conduct specified
in subsection (a)(1)(A), but the conviction of that
person under State law for that conduct is not certain
to result in the imposition of an additional sentence
as specified in that subsection, that person is
prosecuted for that conduct under Federal law.
``(B) If a person engages in the conduct specified
in subsection (a)(1)(B), but the conviction of that
person under State law for that conduct is not certain
to result in the imposition of a sentence as specified
in that subsection, that person is prosecuted for that
conduct under Federal law.
``SEC. 20354. FORMULA FOR GRANTS.
``(a) In General.--The amount available for grants under this
subtitle for any fiscal year shall be allocated to each eligible State,
in the ratio that the number of part 1 violent crimes reported by the
State to the Federal Bureau of Investigation for the 3 years preceding
the year in which the determination is made, bears to the average
annual number of part 1 violent crimes reported by all eligible States
to the Federal Bureau of Investigation for the 3 years preceding the
year in which the determination is made.
``(b) Unavailable Data.--If data regarding part 1 violent crimes in
any State is substantially inaccurate or is unavailable for the 3 years
preceding the year in which the determination is made, the Attorney
General shall utilize the best available comparable data regarding the
number of violent crimes for the previous year for the State for the
purposes of the allocation of funds under this subtitle.
``SEC. 20355. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorizations.--There are authorized to be appropriated to
carry out this subtitle--
``(1) $10,000,000 for fiscal year 2001;
``(2) $15,000,000 for fiscal year 2002;
``(3) $20,000,000 for fiscal year 2003;
``(4) $25,000,000 for fiscal year 2004; and
``(5) $30,000,000 for fiscal year 2005.
``(b) Limitations on Funds.--
``(1) Uses of funds.--Funds made available pursuant to this
subtitle shall be used only to carry out the purposes described
in section 20352(b).
``(2) Nonsupplanting requirement.--Funds made available
pursuant to this section shall not be used to supplant State
funds, but shall be used to increase the amount of funds that
would, in the absence of Federal funds, be made available from
State sources.
``(3) Administrative costs.--Not more than 3 percent of the
funds made available pursuant to this section for a fiscal year
shall be available to the Attorney General for purposes of
administration, research and evaluation, technical assistance,
and data collection.
``(4) Carryover of appropriations.--Funds appropriated
pursuant to this section during any fiscal year shall remain
available until expended.
``(5) Matching funds.--The Federal share of a grant awarded
under this subtitle may not exceed 90 percent of the costs of a
proposal as described in an application approved under this
subtitle.
``SEC. 20356. REPORT BY THE ATTORNEY GENERAL.
``Beginning on October 1, 2001, and on each subsequent July 1
thereafter, the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the implementation of this subtitle. The
report shall include information regarding the eligibility of States
under section 20353 and the distribution and use of funds under this
subtitle.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322; 108 Stat. 1796) is amended--
(1) by redesignating the item relating to subtitle D of
title II as an item relating to subtitle E of that title; and
(2) by inserting after the item relating to subtitle C of
title II the following:
``Subtitle D--Firearms Sentencing Incentive Grants
``Sec. 20351. Definitions.
``Sec. 20352. Authorization of grants.
``Sec. 20353. Firearms sentencing incentive grants.
``Sec. 20354. Formula for grants.
``Sec. 20355. Authorization of appropriations.
``Sec. 20356. Report by the Attorney General.''.
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Sets forth allowable uses for such grants, including to: (1) support law enforcement agencies, prosecutors, courts, probation officers, correctional officers, the juvenile justice system, the improvement of criminal history records, or case management programs involving the sharing of information about serious offenders; (2) carry out such a public awareness and community support program; and (3) build or expand correctional facilities.
Sets forth the allocation formula for grants, authorizes appropriations, and sets forth reporting requirements.
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Change the following text into a summary: SECTION 1. LIMITATION OF DEDUCTION FOR CHARITABLE CONTRIBUTIONS OF
PATENTS AND SIMILAR PROPERTY.
(a) In General.--Subparagraph (B) of section 170(e)(1) of the
Internal Revenue Code of 1986 (relating to certain contributions of
capital gain property) is amended by striking ``or'' at the end of
clause (i), by inserting ``or'' at the end of clause (ii), and by
inserting after clause (ii) the following new clause:
``(iii) except as provided in paragraph
(7), of any patent, copyright, trademark, trade
name, trade secret, know-how, software, or
similar property,''.
(b) Special Rule.--Section 170(e) of such Code is amended by adding
at the end the following new paragraph:
``(7) Special rule for certain contributions of patents,
copyrights, etc.--
``(A) Exception for contributions to qualified
research organizations.--Subparagraph (B) of paragraph
(1) shall not apply to any qualified contribution to a
qualified research organization.
``(B) Qualified research organization defined.--For
purposes of this paragraph, the term `qualified
research organization' means an organization that
applies its expertise to the scientific and commercial
development of qualified contributions and is described
in clause (iii), (iv), or (vi) of subsection (b)(1)(A)
or subparagraph (A), (B), or (C) of section 41(e)(6) .
``(C) Qualified contribution defined.--For purposes
of this paragraph, a contribution of property described
in paragraph (1)(B)(iii) shall be treated as a
qualified contribution only if--
``(i) such contribution is a gift of all
right, title, and interest in and to property
described in clause (iii) of paragraph (1)(B),
``(ii) the donor and donee of any cash or
cash equivalent in connection with such
contribution agree to limit the use of such
cash or cash equivalent to costs of patent
prosecution or maintenance and the scientific
and commercial development of qualified
donations in general, and
``(iii) under regulations prescribed by the
Secretary, the donor of the qualified
contribution discloses both the contribution
described in clause (i) and a complete
description of the terms of any restricted cash
or cash equivalents grant described in clause
(ii) on its income tax return for the taxable
year during which such contribution is made.''.
(c) Qualified Appraisal Required.--
(1) In general.--The Secretary of the Treasury shall
prescribe regulations or other guidance under section 170(a)(1)
of the Internal Revenue Code of 1986 requiring the donor of
property described in section 170(e)(1)(B)(iii) of such Code to
obtain one or more qualified appraisals of the fair market
value of such property by a qualified appraiser or appraisers.
(2) Qualified appraiser.--For purposes of paragraph (1),
the term ``qualified appraiser'' means an appraiser who has
valuation credentials and experience in appraising such
property, who is not an employee of the donor or donee, and who
satisfies any professional valuation education and
qualification requirements that are prescribed by the
Secretary.
(3) Qualified appraisal.--For purposes of paragraph (1),
the term ``qualified appraisal'' means an appraisal that
satisfies the requirements (without regard to any value
limitation) for a qualified appraisal under section 170(a)(1)
of such Code (as in effect on the date of the enactment of this
Act), with the following modifications:
(A) The valuation methodologies to be used shall be
those prescribed by the Secretary.
(B) The appraisal shall take into account the
competitive patent environment and remaining life of a
donated patent.
(C) The valuation of property described in section
170(e)(7) of such Code shall take into account the
potential use of such property by any qualified donee,
including the value to be generated through further
technology development and commercialization by the
donee and potential licensees of the property.
(D) If the value of the property exceeds
$5,000,000, a second appraisal prepared by a qualified
appraiser independently selected by a professional
organization designated by the Secretary shall be
required.
(E) The donee shall acknowledge receipt of the
appraisal summary required to be filed by the donor.
(F) The amount of any cash or cash equivalent grant
described in section 170(e)(7)(C)(ii) of such Code and
a complete description of the terms of any such grant
shall be fully described in the information returns of
the donee organization for the taxable year of receipt
and subsequent taxable years, as required by the
Secretary.
(d) Anti-Abuse Rules.--The Secretary may prescribe such regulations
or other guidance as may be necessary or appropriate to prevent the
avoidance of the purposes of paragraphs (1)(B)(iii) and (7) of section
170(e) of such Code (as added by this section), including preventing--
(1) the circumvention of the reduction of the deduction
under such section by embedding or bundling the patent or
similar property as part of a charitable contribution of
property that includes the patent or similar property,
(2) the manipulation of the basis of the property to
increase the amount of the charitable deduction through the use
of related persons, pass-thru entities, or other
intermediaries, or through the use of any provision of law or
regulation (including the consolidated return regulations), and
(3) a donor from changing the form of the patent or similar
property to property of a form for which different deduction
rules would apply.
(e) Effective Date.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply to contributions
made after the date of the enactment of this Act.
(2) Appraisals.--Subsection (c) shall apply to
contributions made after the date of adoption of regulations,
or date of issuance of guidance, required by subsection (c),
whichever is earlier.
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Amends the Internal Revenue Code to require a taxpayer seeking an income tax deduction for the charitable contribution of a patent, copyright, trademark, trade name, trade secret, know-how, software or similar technology property to: (1) contribute the entire right, title, and interest in such property to certain tax-exempt universities, teaching hospitals or reseach institutions; and (2) require that any cash or cash equivalents donated with such property be used for patent prosecution or maintenance and for the scientific and commercial development of such patents or other technology property.
Requires the Secretary of the Treasury to prescribe regulations for the appraisal of such patents or other technology property and for the prevention of taxpayer abuse of charitable deductions for such property.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as ``Erica's Law''.
SEC. 2. WIRELESS COMMUNICATION DEVICE USE WHILE OPERATING A MOTOR
VEHICLE IN A SCHOOL ZONE.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. Wireless communication device use while operating a motor
vehicle in a school zone
``(a) Withholding Apportionments.--On October 1 of the second
fiscal year beginning after the date of the issuance of regulations
under subsection (d) and October 1 of each fiscal year thereafter, if
the Secretary determines that a State does not meet the requirement
under subsection (b), the Secretary shall withhold 15 percent of the
amount required to be apportioned to the State under each of paragraphs
(1), (3), and (4) of section 104(b) for the fiscal year.
``(b) Requirement.--
``(1) In general.--A State meets the requirement under this
subsection if the State has enacted and is enforcing a law
that--
``(A) prohibits an individual from operating a
motor vehicle in a school zone in the State while the
individual is using a wireless communication device to
engage in a call or to compose, read, or send an
electronic message; and
``(B) requires, upon conviction of a violation of
the prohibition under subparagraph (A), the imposition
of penalties in accordance with the requirements for
minimum penalties described in the regulations issued
under subsection (d).
``(2) Exceptions.--Paragraph (1)(A) does not apply if a
wireless communication device is used--
``(A) for obtaining emergency assistance to--
``(i) report a traffic accident, medical
emergency, or serious traffic hazard; or
``(ii) prevent a crime about to be
committed;
``(B) in the reasonable belief that an individual's
life or safety is in immediate danger;
``(C) in an authorized emergency vehicle while in
the performance of official duties;
``(D) when a motor vehicle is stopped and the
driver has the motor vehicle transmission in neutral or
park; and
``(E) in other circumstances, as identified by the
Secretary by regulation, in which use of a wireless
communication device does not adversely affect safety.
``(c) Recovery of Funds Withheld.--If, within 4 years from the date
that an apportionment for a State is withheld in accordance with this
section, the Secretary determines that the State meets the requirement
under subsection (b), the apportionment of the State shall be increased
by an amount equal to the amount withheld. If, at the end of such 4-
year period, a State does not meet the requirement under subsection (b)
any amounts so withheld from the State shall lapse.
``(d) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary shall issue regulations to
carry out this section, including requirements for minimum penalties
for violations of the prohibition under subsection (b)(1)(A) that--
``(1) specify a minimum penalty for a first offense; and
``(2) stipulate that penalties shall be graduated for
repeated offenses.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Electronic message.--
``(A) In general.--The term `electronic message'
means a self-contained piece of digital communication
that is designed or intended to be transmitted between
physical devices.
``(B) Inclusions.--The term `electronic message'
includes an email, a text message, an instant message,
a command or request to access a World Wide Web page,
or other data that uses a commonly recognized
electronic communications protocol. The term does not
include data transmitted automatically by a wireless
communication device without direct initiation by an
individual.
``(2) Motor vehicle.--The term `motor vehicle' has the same
meaning given the term in section 154(a).
``(3) School zone.--
``(A) In general.--The term `school zone' means--
``(i) in or on the grounds of a public,
parochial, or private school; or
``(ii) within a distance of 1,000 feet from
the grounds of a public, parochial, or private
school.
``(B) State definitions.--With respect to a State,
the Secretary may substitute, for the definition under
subparagraph (A), a definition of the term `school
zone' established by the State if the Secretary
determines that such substitution is appropriate.
``(4) Wireless communication device.--
``(A) In general.--The term `wireless communication
device' means a mobile telephone or other portable
electronic device with which a user may engage in a
call or compose, send, or read an electronic message.
``(B) Exclusion.--The term does not include a
device that is permanently affixed to the motor
vehicle, including a global positioning system or
navigation system.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``167. Wireless communication device use while operating a motor
vehicle in a school zone.''.
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Erica's Law - Requires the Secretary of Transportation to withhold 15% of a state's apportionment of certain federal-aid highway program funds if the state has not enacted or is not enforcing a law that: (1) prohibits, with specified exceptions, an individual from using a wireless communication device to call or compose, read, or send an electronic message while operating a motor vehicle in a school zone; and (2) requires, upon conviction of a violation of the prohibition, the imposition of certain minimum penalties.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation Investment Act of
2001''.
SEC. 2. INCREASE IN MAXIMUM NUMBER OF ACRES AUTHORIZED TO BE ENROLLED
IN THE CONSERVATION RESERVE PROGRAM.
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C.
3831(d)) is amended--
(1) by striking ``36,400,000'' and inserting
``40,000,000''; and
(2) by striking ``2002'' and inserting ``2011''.
SEC. 3. GRASSLAND RESERVE PROGRAM.
(a) In General.--Chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended by adding at
the end the following new subchapter:
``Subchapter D--Grassland Reserve Program
``SEC. 1238. GRASSLAND RESERVE PROGRAM.
``(a) Establishment.--The Secretary, acting through the Farm
Service Agency, shall establish a grassland reserve program (referred
to in this subchapter as the `program') to assist owners in restoring
and conserving eligible land described in subsection (c).
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number of acres
enrolled in the program shall not exceed 3,000,000 acres, not
more than 1,500,000 of which shall be restored grassland, and
not more than 1,500,000 of which shall be virgin (never
cultivated) grassland.
``(2) Methods of enrollment.--The Secretary shall enroll in
the program for a willing owner not less than 100 contiguous
acres of land west of the 90th meridian or not less than 50
contiguous acres of land east of the 90th meridian through 10-
year, 15-year, or 20-year easements.
``(c) Eligible Land.--Land shall be eligible to be enrolled in the
program if the Secretary determines that the land is--
``(1) natural grass or shrubland;
``(2) land that--
``(A) is located in an area that has been
historically dominated by natural grass or shrubland;
and
``(B) has potential to serve as habitat for animal
or plant populations of significant ecological value if
the land is restored to natural grass or shrubland; or
``(3) land that is incidental to land described in
paragraph (1) or (2), if that incidental land is determined by
the Secretary to be necessary for the efficient administration
of the easement.
``SEC. 1238A. EASEMENTS AND AGREEMENTS.
``(a) Requirements of Landowner.--To be eligible to enroll land in
the program, the owner of the land shall--
``(1) grant an easement that runs with the land to the
Secretary;
``(2) create and record an appropriate deed restriction in
accordance with applicable State law to reflect the easement;
``(3) provide a written statement of consent to the
easement signed by persons holding a security interest or any
vested interest in the land;
``(4) provide proof of unencumbered title to the underlying
fee interest in the land that is the subject of the easement;
``(5) agree to comply with the terms of the easement and
related restoration agreements;
``(6) subject to paragraph (7), agree to the permanent
retirement of any existing cropland base and allotment history
for the land under any program administered by the Secretary;
and
``(7) agree that the Secretary shall have the right to
suspend or terminate the easement during any time of war,
extreme drought, or famine, and, in the event of such a
suspension or termination, agree to accept such adjustment of
payments under section 1238B as the Secretary may make in
accordance with regulations.
``(b) Terms of Easement.--An easement under subsection (a) shall--
``(1) permit--
``(A) common grazing practices on the land in a
manner that is consistent with maintaining the
viability of natural grass and shrub species indigenous
to that locality;
``(B) haying, mowing, or haying for seed
production, except that such uses shall not be
permitted until after the end of the nesting season for
birds in the local area which are in significant
decline or are conserved pursuant to State or Federal
law, as determined by the Natural Resources
Conservation Service State conservationist; and
``(C) construction of fire breaks and fences,
including placement of the posts necessary for fences;
``(2) prohibit--
``(A) the production of row-crops, fruit trees,
vineyards, or any other agricultural commodity that
requires breaking the soil surface; and
``(B) the conduct of any other activities that
would disturb the surface of the land covered by the
easement, including--
``(i) plowing; and
``(ii) disking; and
``(3) include such additional provisions as the Secretary
determines are appropriate to carry out or facilitate the
administration of this subchapter.
``(c) Ranking Easement Applications.--
``(1) Establishment of criteria.--The Secretary shall
establish criteria to evaluate and rank applications for
easements under this subchapter.
``(2) Emphasis.--In establishing the criteria, the
Secretary shall emphasize support for native grass and
shrubland, grazing operations, and plant and animal
biodiversity.
``(d) Restoration Agreements.--The Secretary shall prescribe the
terms by which grassland that is subject to an easement under the
program shall be restored. The agreement shall include duties of the
land owner and the Secretary, including the Federal share of
restoration payments and technical assistance.
``(e) Violations.--
``(1) In general.--On the violation of the terms or
conditions of an easement or restoration agreement entered into
under this section--
``(A) the easement shall remain in force; and
``(B) the Secretary may require the owner to refund
all or part of any payments received by the owner under
this subchapter, with interest on the payments as
determined appropriate by the Secretary.
``(2) Periodic inspections.--The Secretary shall conduct
periodic inspections of land subject to easements under this
subchapter to ensure that the terms of the easements and
restoration agreements are being met, after providing the
landowner adequate notice of inspections. The Secretary may not
prohibit the landowner or a representative of the landowner
from being present during inspections.
``SEC. 1238B. DUTIES OF SECRETARY.
``(a) In General.--In return for the granting of an easement by an
owner under this subchapter, the Secretary shall make easement payments
and payments of the Federal share of restoration and provide technical
assistance to the owner in accordance with this section.
``(b) Easement Payments.--In return for the granting of an easement
by an owner under this subchapter, the Secretary shall make annual
easement payments to the owner in an amount equal to the grazing value
of the land for the period that the land is encumbered by the easement.
``(c) Federal Share of Restoration.--The Secretary shall make
payments to the owner of not more than--
``(1) in the case of virgin (never cultivated) grassland,
90 percent of the costs of carrying out measures and practices
necessary to restore grassland functions and values; or
``(2) in the case of restored grassland, 75 percent of such
costs.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall provide owners with
technical assistance to execute easement documents and restore
the grassland.
``(2) Reimbursement by commodity credit corporation.--The
Commodity Credit Corporation shall reimburse the Secretary,
acting through the Farm Service Agency, for not more than 10
percent of the cost of acquisition of easement and the Federal
share of the restoration payments obligated for that fiscal
year.
``(e) Payments to Others.--If an owner who is entitled to a payment
under this subchapter dies, becomes incompetent, is otherwise unable to
receive the payment, or is succeeded by another person who renders or
completes the required performance, the Secretary shall make the
payment, in accordance with regulations promulgated by the Secretary
and without regard to any other provision of law, in such manner as the
Secretary determines is fair and reasonable in light of all the
circumstances.
``(f) Other Payments.--Easement payments received by an owner under
this subchapter shall be in addition to, and not affect, the total
amount of payments that the owner is otherwise eligible to receive
under other Federal laws.
``SEC. 1238C. ADMINISTRATION.
``(a) Delegation to Private Organizations or State Agencies.--
``(1) In general.--The Secretary shall permit a private
conservation or land trust organization or a State agency to
hold and enforce an easement under this subchapter, in lieu of
the Secretary, if--
``(A) the Secretary determines that granting such
permission is likely to promote grassland conservation;
and
``(B) the landowner agrees to allow the private
conservation or land trust organization or a State
agency to hold and enforce the easement.
``(2) Application.--An organization that desires to hold an
easement under this subchapter shall apply to the Secretary for
approval.
``(3) Approval by secretary.--The Secretary shall approve
an organization under this subchapter that is constituted for
conservation or ranching purposes and is competent to
administer grassland easements.
``(4) Reassignment.--If an organization holding an easement
on land under this subchapter terminates--
``(A) the owner of the land shall reassign the
easement to another organization described in paragraph
(1) or to the Secretary; and
``(B) the owner and the new organization shall
notify the Secretary in writing that a reassignment for
termination has been made.
``(b) Regulations.--Not later than 180 days after the date of
enactment of this subchapter, the Secretary shall issue such
regulations as are necessary to carry out this subchapter.''.
(b) Funding.--Section 1241(a)(2) of such Act (16 U.S.C. 3841(a)(2))
is amended by striking ``subchapter C'' and inserting ``subchapters C
and D''.
SEC. 4. INCREASE IN MAXIMUM NUMBER OF ACRES AUTHORIZED TO BE ENROLLED
IN THE WETLANDS RESERVE PROGRAM.
Section 1237(b)(1) of the Food Security Act of 1985 (16 U.S.C.
3837(b)(1)) is amended to read as follows:
``(1) Maximum enrollment.--The total number of acres
enrolled in the wetlands reserve program shall not exceed--
``(A) 1,225,000 acres during fiscal year 2002;
``(B) 1,375,000 acres during fiscal year 2003;
``(C) 1,525,000 acres during fiscal year 2004;
``(D) 1,675,000 acres during fiscal year 2005;
``(E) 1,825,000 acres during fiscal year 2006;
``(F) 1,975,000 acres during fiscal year 2007;
``(G) 2,125,000 acres during fiscal year 2008;
``(H) 2,275,000 acres during fiscal year 2009;
``(I) 2,425,000 acres during fiscal year 2010; or
``(J) 2,575,000 acres during fiscal year 2011.''.
SEC. 5. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) Funding Increase.--Section 1241(b)(1) of the Food Security Act
of 1985 (16 U.S.C. 3841(b)(1)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by striking ``2002,'' and inserting ``2001,
$1,400,000,000 for fiscal year 2002, and $1,200,000,000 for
each of fiscal years 2003 through 2011,''.
(b) Term of Contracts.--Section 1240B(b)(2) of such Act (16 U.S.C.
3839aa-2(b)(2)) is amended by striking ``5, nor more than 10,'' and
inserting ``1 year nor more than 10''.
(c) Repeal of Payment Limitations.--Section 1240G of such Act (16
U.S.C. 3839aa-7) is repealed.
SEC. 6. FUNDING OF WILDLIFE HABITAT INCENTIVES PROGRAM.
Section 387(c) of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 3836a(c)) is amended to read as follows:
``(c) Funding.--To carry out this section, there shall be made
available $70,000,000 for fiscal year 2002, and $50,000,000 for each of
fiscal years 2003 through 2011, from funds made available to carry out
subchapter B of chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.).''.
SEC. 7. FUNDING OF FARMLAND PROTECTION PROGRAM.
Section 388(c) of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 3830 note) is amended to read as follows:
``(c) Funding.--In each of fiscal years 2002 through 2011, the
Secretary shall use not more than $50,000,000 of the funds of the
Commodity Credit Corporation to carry out this section.''.
SEC. 8. SMALL WATERSHED REHABILITATION AMENDMENTS OF 2000.
Section 14(h) of the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1010(h)) is amended--
(1) by adding ``and'' at the end of paragraph (1); and
(2) by striking paragraphs (2) through (5) and inserting
the following:
``(2) $60,000,000 for each of fiscal years 2002 through
2011.''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2001.
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Conservation Investment Act of 2001 - Amends the Food Security Act of 1985 to increase maximum acreage amounts for the conservation reserve program and the wetlands reserve program.Directs the Secretary of Agriculture to establish a grassland reserve program for land that is or has historically been natural grass or shrubland and has significant potential for animal or plant restoration. Sets forth provisions respecting landowner easement payments and permitted and prohibited practices. Extends funding (increases FY 2002 amounts) for the environmental quality incentives program. Revises contract term provisions. Repeals payment limitation provisions.Amends the Federal Agriculture Improvement and Reform Act of 1996 to: (1) extend funding (increases FY 2002 amounts) for the wildlife habitat incentives program; and (2) provide annual amounts through FY 2011 for the farmland protection program.Amends the Watershed Protection and Flood Prevention Act to increase and extend funding for rehabilitation of water resource structural measures near or past their expected life expectancy.
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Provide a summary of the following text: SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The international traffic in illicit drugs,
particularly along the Southwest Border, poses a serious threat
to the national security of the United States and to every
nation where the production, transit, or consumption of such
drugs occurs.
(2) The United States considers combating international
drug cartels to be one of its highest national security and
foreign policy priorities.
(3) In order to reduce and eliminate the illicit drug
trade, the United States and countries where substantial
production or transit of such drugs occurs must cooperate to
eradicate and interdict supplies of such drugs and to penetrate
the operations of major drug traffickers.
(4) It is in the national interest that the President
explore all possible mechanisms, including bilateral agreements
and other plans on counternarcotics matters, in order to
facilitate cooperation in joint counternarcotics programs and
to better assist other governments in developing effective
counternarcotics programs within their territories.
(5) The bilateral agreements and other plans on
counternarcotics matters to which the United States is a party
should establish concrete and measurable goals with transparent
benchmarks for measuring progress in the achievement of such
goals.
SEC. 2. INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO
CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG
AGREEMENTS AND PLANS WITH THE UNITED STATES.
(a) In General.--Section 490 of the Foreign Assistance Act of 1961
(22 U.S.C. 2991j) is amended by adding at the end the following new
subsection:
``(i) Inapplicability to Certain Countries Having Bilateral
Counterdrug Agreements and Plans With the United States.--
``(1) Inapplicability.--Subsections (a) through (g) shall
not apply in a fiscal year to a country to which such
subsections would otherwise apply in that fiscal year if the
President determines, not later than December 31 of that fiscal
year, that--
``(A) the country is a party to a bilateral
agreement and other plans with the United States, which
agreement and plans together--
``(i) are consistent with the goals and
objectives established by international
agreements on the illicit trafficking and abuse
of narcotics and psychotropic drugs to which
the United States and the country are parties;
``(ii) address issues relating to the
control of illicit drugs, including production,
distribution, and interdiction, demand
reduction, the activities of criminal
organizations, cooperation among law
enforcement agencies (including the exchange of
information and evidence), extradition of
individuals involved in drug-related criminal
activity, border security, money laundering,
firearms trafficking, corruption, control of
chemicals, asset forfeiture, and training and
technical assistance; and
``(iii) include timetables and objective
and measurable standards to assess the progress
made by both countries with respect to such
issues; and
``(B) progress is being made in accordance with the
agreement and plans with respect to the control of
illicit drugs.
``(2) Consultation.--The President shall make any
determination under paragraph (1) after consultation with the
Secretary of State, the Secretary of the Treasury, the Attorney
General, the Director of the Office of National Drug Control
Policy, the Director of the Federal Bureau of Investigation,
the Administrator of the Drug Enforcement Administration, the
Commissioner of Immigration and Naturalization, and the
Commissioner of Customs.
``(3) Reports.--Not later than December 31 and June 30 of a
fiscal year, the President shall submit to Congress a report on
the progress made with respect to the control of illicit drugs
by each country determined to be covered by paragraph (1) for
that fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to the withholding of bilateral assistance and opposition
to multilateral assistance under section 490 of the Foreign Assistance
Act of 1961 for fiscal years beginning after that date.
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Amends the Foreign Assistance Act of 1961 with respect to certain annual presidential certifications to Congress required to allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance, provided certain conditions are met. Waives application of certification requirements to such a country if the President determines that: (1) it is a party to a bilateral agreement and other illicit drug control plans with the United States; and (2) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs.
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Make a summary of the following text: SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The terrorist organization known as the Islamic State
of Iraq and the Levant (ISIL) poses a grave threat to the
people and territorial integrity of Iraq and Syria, as well as
regional stability, and to the national security interests of
the United States and its allies and partners.
(2) The Islamic State of Iraq and the Levant holds
significant territory in Iraq and Syria, has stated its
intention to seize more territory, and has demonstrated the
capability to do so.
(3) Leaders of the Islamic State of Iraq and the Levant
have stated that they intend to conduct terrorist attacks
internationally, including against the United States, its
citizens, and its interests.
(4) The Islamic State of Iraq and the Levant has committed
despicable acts of violence and mass executions against
Muslims, regardless of sect, who do not subscribe to its
depraved, violent, and oppressive ideology, and has threatened
genocide and committed vicious acts of violence against
religious and ethnic minority groups, including Iraqi
Christian, Yezidi, and Turkmen populations.
(5) The Islamic State of Iraq and the Levant has targeted
innocent women and girls with horrific acts of violence,
including abduction, enslavement, torture, rape, and forced
marriage.
(6) According to United States intelligence estimates,
approximately 20,000 to 30,000 Islamic State of Iraq and the
Levant fighters operate in Iraq and Syria, an estimated 3,000
of whom are believed to hold passports from western countries.
(7) The Islamic State of Iraq and the Levant finances its
operations primarily through looting, smuggling, taxes, oil
sales, kidnapping, and human trafficking.
(8) President Barack Obama articulated five lines of effort
in the campaign to counter the Islamic State of Iraq and the
Levant, including supporting regional military partners,
stopping the flow of foreign fighters, cutting off the access
of the Islamic State of Iraq and the Levant to financing,
addressing urgent humanitarian needs, and exposing the true
nature of the Islamic State of Iraq and the Levant.
(9) As a result of advances by the Islamic State of Iraq
and the Levant in Iraq and Syria, approximately half of the
nearly 2,000,000 refugees and internally displaced people from
Syria and Iraq have taken refuge in the Iraqi Kurdistan Region
in northern Iraq.
(10) The Kurdistan Regional Government (KRG) is the
democratically elected government of the Iraqi Kurdistan
Region, and Iraqi Kurds have been a reliable, stable, and
capable partner of the United States, particularly in support
of United States military and civilian personnel during
Operation Iraqi Freedom and Operation New Dawn.
(11) The Iraqi constitution guarantees the right of Iraqi
regions, such as the Iraqi Kurdistan Region, to maintain
``internal security forces for the region such as police,
security forces, and guards of the region''.
(12) The Kurdish Peshmerga forces are officially organized
under the Ministry of Peshmerga Affairs and commanded by the
Minister of Peshmerga Affairs, who reports to the President of
the Kurdistan Regional Government.
(13) The Islamic State of Iraq and the Levant has
positioned its forces along a 650-mile border spanning five
Iraqi provinces and engaged in attacks on Peshmerga forces
defending the border.
(14) The Islamic State of Iraq and the Levant has employed
captured armored vehicles, long-range artillery, and heavy
weapons in attacking Kurdish forces along the border.
(15) Kurdish Peshmerga forces have successfully retaken key
areas of Iraq formerly controlled by the Islamic State of Iraq
and the Levant, including Mount Sinjar, Mosul Dam, and Kirkuk.
(16) The United States and its allies have provided the
resupply of various arms (including Hellfire missiles, anti-
tank weapons, helmets and body armor, and ammunition) and
training to Peshmerga forces since June 2014.
(17) Such resupply efforts, to comply with United States
law, must be approved and coordinated through the Government of
Iraq.
(18) Masrour Barzani, the Chancellor of the Kurdistan
Region Security Council, described Peshmerga forces as
``overstretched'' in the fight against the Islamic State of
Iraq and the Levant, and Bayan Sami Abdul Rahman, the
representative of the Kurdistan Regional Government to the
United States, has expressed concern about ``shortfalls'' in
equipment.
(19) According to the Kurdistan Regional Government, more
than 1,000 Kurdish Peshmerga and Kurdish security forces have
been killed, and more than 5,000 have been wounded.
(20) A strong Peshmerga force is essential to countering
the threat of the Islamic State of Iraq and the Levant to Iraq,
the region, and United States interests.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Islamic State of Iraq and the Levant (ISIL) poses
an acute threat to the people and territorial integrity of
Iraq, including the Iraqi Kurdistan Region, and the security
and stability of the Middle East and the world;
(2) defeating the Islamic State of Iraq and the Levant is
critical to maintaining a unified Iraq in which all faiths,
sects, and ethnicities are afforded equal protection and full
integration into the Government and society of Iraq; and
(3) any outstanding issues between the Government of Iraq
and the Kurdistan Regional Government should be resolved by the
two parties expeditiously to allow for a resumption of normal
relations.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to directly provide Kurdistan
Regional Government military and security forces associated with the
Government of Iraq with defense articles, defense services, and related
training, on an emergency and temporary basis, to more effectively
partner with the United States and other international coalition
members to defeat the Islamic State of Iraq and the Levant (ISIL).
SEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DEFENSE ARTICLES, DEFENSE
SERVICES, AND RELATED TRAINING DIRECTLY TO THE KURDISTAN
REGIONAL GOVERNMENT.
(a) Authorization.--
(1) Military assistance.--The President, in consultation
with the Government of Iraq, is authorized to provide defense
articles, defense services, and related training directly to
Kurdistan Regional Government military and security forces
associated with the Government of Iraq for the purpose of
supporting international coalition efforts against the Islamic
State of Iraq and the Levant (ISIL) or any closely related
successor group.
(2) Defense exports.--The President is authorized to issue
licenses authorizing United States exporters to export defense
articles, defense services, and related training directly to
the Kurdistan Regional Government military and security forces
described in paragraph (1). For purposes of processing
applications for such export licenses, the President is
authorized to accept End Use Certificates approved by the
Kurdistan Regional Government.
(3) Types of assistance.--Assistance authorized under
paragraph (1) and exports authorized under paragraph (2) may
include anti-tank and anti-armor weapons, armored vehicles,
long-range artillery, crew-served weapons and ammunition,
secure command and communications equipment, body armor,
helmets, logistics equipment, excess defense articles and other
military assistance that the President determines to be
appropriate.
(b) Relationship to Existing Authorities.--
(1) Relationship to existing authorities.--Assistance
authorized under subsection (a)(1) and licenses for exports
authorized under subsection (a)(2) shall be provided pursuant
to the applicable provisions of the Arms Export Control Act (22
U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), notwithstanding any requirement in such
applicable provisions of law that a recipient of assistance of
the type authorized under subsection (a)(1) shall be a country
or international organization. In addition, any requirement in
such provisions of law applicable to such countries or
international organizations concerning the provision of end use
retransfers and other assurance required for transfers of such
assistance shall be secured from the Kurdistan Regional
Government.
(2) Construction as precedent.--Nothing in this section
shall be construed as establishing a precedent for the future
provision of assistance described in subsection (a) to
organizations other than a country or international
organization.
(c) Reports.--
(1) Initial report.--Not later than 45 days after the date
of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report that includes the
following:
(A) A timeline for the provision of defense
articles, defense services, and related training under
the authority of subsections (a)(1) and (a)(2).
(B) A description of mechanisms and procedures for
end-use monitoring of such defense articles, defense
services, and related training.
(C) How such defense articles, defense services,
and related training would contribute to the foreign
policy and national security of the United States, as
well as impact security in the region.
(D) An accounting of the defense articles provided
to the Government of Iraq or the Kurdistan Regional
Government that have come to be possessed, or are
suspected of having come to be possessed, by foreign
terrorist organizations or groups known as ``popular
mobilization forces'', or other militia groups, that
are supported by the Revolutionary Guard Corps of Iran
or other entities of the Government of the Islamic
Republic of Iran, which accounting shall include the
following:
(i) A description of the circumstances
leading to the transfer of such defense
articles to the Government of Iraq or the
Kurdistan Regional Government
(ii) A description of the circumstances
surrounding the possession of such defense
articles by groups described in this
subparagraph.
(iii) A description and assessment of the
use and battlefield impacts of such defense
articles by such groups.
(2) Updates.--Not later than 90 days after the submittal of
the report required by paragraph (1), and every 90 days
thereafter, the President shall submit to the appropriate
congressional committees a report updating the previous report
submitted under this subsection. In addition to any matters so
updated, each report shall include a description of any delays,
and the circumstances surrounding such delays, in the delivery
of defense articles, defense services, and related training to
the Kurdistan Regional Government pursuant to the authority in
subsections (a)(1) and (a)(2).
(3) Form.--Any report under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(4) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, the Committee on Armed
Services, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Armed Services, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
(d) Notification.--The President should provide notification to the
Government of Iraq before providing defense articles, defense services,
or related training to the Kurdistan Regional Government under the
authority of subsection (a)(1) or (a)(2).
(e) Additional Definitions.--In this section, the terms ``defense
article'', ``defense service'', and ``training'' have the meanings
given those terms in section 47 of the Arms Export Control Act (22
U.S.C. 2794).
(f) Termination.--The authority to provide defense articles,
defense services, and related training under subsection (a)(1) and the
authority to issue licenses for exports authorized under subsection
(a)(2) shall terminate on the date that is 3 years after the date of
the enactment of this Act.
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Expresses the sense of Congress that: the Islamic State of Iraq and the Levant (ISIL) poses an acute threat to the people and territorial integrity of Iraq, including the Iraqi Kurdistan Region, and the security and stability of the Middle East and the world; defeating ISIL is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the government and society; and any outstanding issues between the government of Iraq and the Kurdistan Regional Government (KRG) should be resolved expeditiously to allow for a resumption of normal relations. Authorizes the President to: (1) provide defense articles, defense services, and related training directly to the KRG military and security services to support international coalition efforts against ISIL or any successor group; and (2) issue licenses authorizing U.S. exporters to export defense articles, defense services, and related training directly to the KRG military and security services. States that nothing in this Act shall be construed as establishing a precedent for the future provision of such assistance to organizations other than a country or international organization.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Financial Empowerment Act of
2010''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The proportion of the population of the United States
age 60 years or older is predicted to drastically increase in
the next 30 years as more than 76,000,000 Baby Boomers approach
retirement and old age.
(2) It is estimated that between 500,000 and 5,000,000
seniors in the United States are abused, neglected, or
exploited each year.
(3) Abuse, neglect, and exploitation of seniors crosses
racial, social class, gender, and geographic lines.
(4) Each year millions of individuals in the United States
are victims of financial exploitation, including mail,
telemarketing, and Internet fraud. Many of those who fall prey
to such exploitation are seniors.
(5) It is difficult to estimate the prevalence of fraud
that targets seniors because cases are severely underreported
and national statistics on senior fraud do not exist.
(6) The Federal Bureau of Investigation notes that seniors
in the United States are less likely to report fraud because
they do not know to whom to report, they are ashamed to have
been a victim of fraud, or they do not know that they have been
a victim of fraud. In some cases, a senior who has been a
victim of fraud may not report the crime because he or she is
concerned that relatives may conclude that the senior no longer
has the mental capacity to take care of his or her own
financial affairs.
(7) According to a 2009 report by the MetLife Mature Market
Institute, the annual financial loss by victims of senior
financial abuse is estimated to be at least $2,600,000,000.
(8) Perpetrators of mail, telemarketing, and Internet fraud
frequently target seniors because seniors are often vulnerable
and trusting people.
(9) As victims of such fraudulent schemes, many seniors pay
a financial cost, having been robbed of their hard-earned life
savings, and frequently pay an emotional cost, losing their
self-respect and dignity.
(10) Perpetrators of fraud targeting seniors often operate
outside the United States, reaching their victims through the
mail, telephone lines, and the Internet.
(11) The Deceptive Mail Prevention and Enforcement Act
increased the power of the United States Postal Service to
protect consumers against persons who use deceptive mailings,
such as those featuring games of chance, sweepstakes, skill
contests, and facsimile checks.
(12) During fiscal year 2007, Postal Inspection Service
analysts prepared more than 27,000 letters and informative
postcards in response to mail fraud complaints. During that
same year, postal inspectors investigated 2,909 mail fraud
cases in the United States and arrested 1,236 mail fraud
suspects, of whom 1,118 were convicted. Postal inspectors also
reported 162 telemarketing fraud investigations, with 83
arrests and 61 convictions resulting from such investigations.
(13) In 2000, the United States Senate Special Committee on
Aging reported that consumers lose approximately
$40,000,000,000 each year to telemarketing fraud, and estimated
that approximately 10 percent of the Nation's 14,000
telemarketing firms were fraudulent. Some researchers estimate
that only one in 10,000 fraud victims reports the crime to the
authorities.
(14) A 2003 report by AARP found that, though the crime of
telemarketing fraud is grossly underreported among seniors who
have been victims of such fraud, seniors who are properly
counseled by trained peer volunteers are less likely to fall
victim to fraudulent practices.
(15) The Federal Bureau of Investigation reports that the
threat of fraud to seniors is growing and changing. This is
largely due to the fact that many younger Baby Boomers have
considerable computer skills and criminals have responded by
targeting seniors through online scams like phishing and email
spamming, in addition to traditional telephone calls and mass
mailings.
(16) The Internet Crime Complaint Center (hereinafter
referred to in this paragraph as ``IC3'') is a partnership
between the National White Collar Crime Center and the Federal
Bureau of Investigation that serves as a vehicle to receive,
develop, and refer criminal complaints regarding cybercrime.
The IC3 processed more than 219,553 complaints of Internet
crime in 2007. From these submissions, the IC3 referred 90,008
complaints of Internet crime, representing a total dollar loss
of $239,090,000, to Federal, State, and local law enforcement
agencies in the United States for further consideration.
(17) Consumer awareness is the best protection from fraud.
SEC. 3. CENTRALIZED SERVICE FOR CONSUMER EDUCATION ON MAIL,
TELEMARKETING, AND INTERNET FRAUD TARGETING SENIORS.
(a) Centralized Service.--
(1) Requirement.--The Federal Trade Commission, after
consultation with the Attorney General, the Secretary of Health
and Human Services, the Postmaster General, the Chief Postal
Inspector for the United States Postal Inspection Service, and
the Director of the Bureau of Consumer Financial Protection,
shall--
(A) periodically disseminate to seniors, and
families and caregivers of seniors, general information
on mail, telemarketing, and Internet fraud targeting
seniors, including descriptions of the most common
fraud schemes;
(B) periodically disseminate to seniors, and
families and caregivers of seniors, information on
methods available to report fraud targeting seniors,
such as--
(i) referring complaints to law enforcement
agencies, including the Director of the Federal
Bureau of Investigation and State attorneys
general; and
(ii) calling a national toll-free telephone
number established by the Federal Trade
Commission for reporting mail, telemarketing,
and Internet fraud;
(C) in response to a specific request by a party to
the Federal Trade Commission inquiring about any
history of fraud committed by a particular entity or
individual, provide to such party any publically
available information on any record of law enforcement
action for fraud against such entity or individual--
(i) by the Federal Trade Commission; and
(ii) by any other agency that reports such
actions to the Federal Trade Commission; and
(D) maintain a website to serve as a resource for
information for seniors, and families and caregivers of
seniors, regarding mail, telemarketing, and Internet
fraud targeting seniors.
(2) Procedures and commencement.--The Federal Trade
Commission shall establish and implement procedures to carry
out the requirements of paragraph (1), including procedures--
(A) with respect to the frequency and mode of
dissemination of information under subparagraphs (A)
and (B) of such paragraph; and
(B) that provide for the implementation of the
requirements of such paragraph not later than one year
after the date of the enactment of this Act.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2011 through 2015.
SEC. 4. GRANTS TO PREVENT MAIL, TELEMARKETING, AND INTERNET FRAUD.
(a) Grant Program Authorized.--Subject to the availability of funds
authorized to be appropriated under this section, the Attorney General,
after consultation with the Secretary of Health and Human Services, the
Postmaster General, the Chief Postal Inspector for the United States
Postal Inspection Service, and the Director of the Bureau of Consumer
Financial Protection, shall establish and administer a competitive
grant program to award grants to eligible organizations to carry out
mail, telemarketing, and Internet fraud prevention education programs
for seniors.
(b) Eligible Organizations.--The Attorney General may award grants
under this section to State Attorneys General, State and local law
enforcement agencies and groups, senior centers, and other local
nonprofit organizations that provide assistance to seniors, as
determined by the Attorney General.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of the
fiscal years 2011 through 2015.
SEC. 5. SENSE OF THE CONGRESS RELATED TO NATIONAL SENIOR FRAUD
AWARENESS WEEK.
It is the sense of the Congress that--
(1) there is a need to increase public awareness of the
enormous impact that mail, telemarketing, and Internet fraud
have on senior citizens in the United States;
(2) a week in the month of May should be designated as
``National Senior Fraud Awareness Week'';
(3) the people of the United States should observe National
Senior Fraud Awareness Week with appropriate educational
activities; and
(4) the President is encouraged to issue a proclamation
supporting increased public awareness of the impact of, and the
need to prevent, fraud committed against seniors.
Passed the House of Representatives July 29, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
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Senior Financial Empowerment Act of 2010 - Requires the Federal Trade Commission (FTC): (1) to disseminate to seniors and their caregivers information on mail, telemarketing, and Internet fraud targeting seniors; (2) in response to a request about fraud committed by a particular entity or individual, to provide to the requester publicly available information on any record of civil or criminal law enforcement action against such individual or entity for fraud; and (3) to maintain a website as an information resource for seniors and their caregivers regarding Internet fraud. Authorizes FY2011-FY2015 appropriations.
Directs the Attorney General to establish a grant program for mail, telemarketing, and Internet fraud prevention education programs for senior citizens. Makes such grants available to state and local law enforcement agencies, senior centers, and local nonprofit organizations that provide assistance to seniors. Authorizes FY2011-FY2015 appropriations.
Expresses the sense of Congress: (1) with respect to public awareness of the impact of such fraud on senior citizens; and (2) that a week in May should be designated as National Senior Fraud Awareness Week.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety Enhancements for Communities
Using Reasonable and Effective Firearm Storage Act'' or the ``SECURE
Firearm Storage Act''.
SEC. 2. SECURITY REQUIREMENTS FOR FEDERALLY LICENSED FIREARMS
IMPORTERS, MANUFACTURERS, AND DEALERS.
(a) In General.--Section 923 of title 18, United States Code, is
amended by adding at the end the following:
``(m) Except as provided in subsection (j):
``(1) A person who is a licensed importer, licensed
manufacturer, or licensed dealer shall keep and store all
firearms in the business inventory of the licensee at the
premises covered by the license. When the premises are not open
for business, the licensee shall, with respect to each such
firearm--
``(A) secure the firearm with a hardened steel rod
\1/4\ inch thick through the space between the trigger
guard, and the frame or receiver, of the firearm, with
the steel rod secured by a hardened steel lock that has
a shackle, and the lock and shackle protected or
shielded from the use of a bolt cutter, and the rod
anchored to prevent the removal of the firearm from the
premises; or
``(B) store the firearm at the premises in a locked
fireproof safe, locked gun cabinet (and if the locked
gun cabinet is not steel, the firearms within the
cabinet must be secured with a hardened steel rod \1/4\
inch thick, protected or shielded from the use of a
bolt cutter and anchored to prevent the removal of the
firearms from the premises) or locked vault.
``(2) When the premises are not open for business, the
licensee shall store all paper records of the business
inventory and firearm transactions of, and other dispositions
of firearms by, the licensee at the premises in a secure
location such as a locked fireproof safe or locked vault.
``(3) The Attorney General shall, by regulation, prescribe
such additional security requirements as the Attorney General
deems appropriate with respect to the firearms business
conducted by a licensed importer, licensed manufacturer, or
licensed dealer, such as requirements relating to the use of
the following:
``(A) Alarm and security camera systems.
``(B) Site hardening.
``(C) Other measures necessary to reduce the risk
of theft at the business premises of a licensee.''.
(b) Penalties.--Section 924 of such title is amended by adding at
the end the following:
``(q) Penalties for Noncompliance With Firearms Licensee Security
Requirements.--
``(1) In general.--
``(A) Penalty.--With respect to a violation by a
licensee of section 923(m) or a regulation issued under
such section, the Attorney General, after notice and
opportunity for hearing--
``(i) in the case of the 1st such violation
or related series of such violations on the
same date, shall subject the licensee to a
civil penalty in an amount equal to not less
than $1,000 and not more than $10,000;
``(ii) in the case of the 2nd such
violation, shall subject the licensee to a
license suspension until the licensee cures the
violation and may subject the licensee to a
civil penalty in an amount provided in clause
(i); or
``(iii) in the case of the 3rd such
violation or related series of violations on
the same date, shall revoke the license issued
to the licensee under this chapter and may
subject the licensee to a civil penalty in an
amount provided in clause (i).
``(B) Review.--An action of the Attorney General
under this paragraph may be reviewed only as provided
under section 923(f).
``(2) Administrative remedies.--The imposition of a civil
penalty or revocation of a license under paragraph (1) shall
not preclude any administrative remedy that is otherwise
available to the Attorney General.''.
(c) Application Requirement.--Section 923 of such title is
amended--
(1) in the 2nd sentence of subsection (a), by striking ``be
in such form and contain only that'' and inserting ``describe
how the applicant plans to comply with subsection (m) and shall
be in such form and contain only such other''; and
(2) in subsection (d)(1)--
(A) by striking ``and'' at the end of subparagraph
(F)(iii);
(B) by striking the period at the end of
subparagraph (G) and inserting ``; and''; and
(C) by adding at the end the following:
``(H) the Attorney General determines that the description
in the application of how the applicant plans to comply with
subsection (m) would, if implemented, so comply.''.
(d) Effective Dates; Regulations.--
(1) Initial firearm storage requirements.--Section
923(m)(1) of title 18, United States Code, as added by the
amendment made by subsection (a) of this section, shall take
effect on the date that is 1 year after the date of the
enactment of this Act.
(2) Initial paper records storage requirements.--Section
923(m)(2) of title 18, United States Code, as added by the
amendment made by subsection (a) of this section, shall take
effect on the date that is 90 days after the date of the
enactment of this Act.
(3) Additional security requirements.--Within 2 years after
the date of the enactment of this section, the Attorney General
shall issue the regulations required by section 923(m)(3) of
title 18, United States Code, as added by the amendment made by
subsection (a) of this section, and the regulations shall take
effect 1 year after the date issued.
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Safety Enhancements for Communities Using Reasonable and Effective Firearm Storage Act or the SECURE Firearm Storage Act This bill amends the federal criminal code to require that all licensed importers, licensed manufacturers, or licensed dealers of firearms shall keep and store all firearms in the business inventory of the licensee at the premises covered by the license. When the premises are not open for business, the licensee shall secure all firearms by complying with prescribed security measures, including trigger guards and safes. Further, when such premises are not open for business, the licensee shall store certain paper records in a secure location. The Department of Justice shall promulgate regulations prescribing additional security requirements as deemed necessary. The bill includes a set of civil penalties, including fines and potential license suspension or revocation, for noncompliance with the foregoing security requirements. An application for a firearms license must describe how the applicant plans to comply with these security requirements.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medigap Consumer Protection Act of
1995''.
SEC. 2. ELIMINATING ATTAINED AGE RATING FOR INCREASES IN PREMIUMS FOR
MEDIGAP POLICIES.
Section 1882(r) of the Social Security Act (42 U.S.C. 1395ss(r)) is
amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(A),
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and'', and
(C) by inserting after subparagraph (B) the
following:
``(C) the premium for the policy does not increase in any
way on the basis of the age attained after enrollment by the
policyholder or certificateholder.'';
(2) by redesignating paragraph (6) as paragraph (7);
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) In the case of a medicare supplemental policy in effect on
the effective date of regulations to carry out paragraph (1)(C), and
which does not meet the requirements of such paragraph on such date,
the policy shall be considered to meet the requirement of such
paragraph only if the issuer of the policy makes available to the
policyholder the option of replacing such policy at the time of the
policyholder's next renewal period with a medicare supplemental policy
which meets the requirements of paragraph (1)(C) and all other
applicable requirements of this subsection.''; and
(4) in paragraph (7)(A) (as redesignated by paragraph (2)),
by inserting ``or the requirements of paragraph (1)(C) or
paragraph (6)'' after ``the loss ratio requirements of this
subsection''.
SEC. 3. EFFECTIVE DATE.
(a) NAIC Standards.--If, within 6 months after the date of the
enactment of this Act, the National Association of Insurance
Commissioners (in this subsection referred to as the ``NAIC'') makes
changes in the 1991 NAIC Model Regulation (as defined in section
1882(p)(1)(A) of the Social Security Act) to incorporate the additional
requirements imposed by the amendments made by this Act, section
1882(g)(2)(A) of such Act shall be applied in each State, effective for
policies issued to policyholders on and after the date specified in
subsection (c) (or, with respect to the requirements imposed by section
1882(r)(6) of such Act, effective as of the date specified in
subsection (c) for policies issued before such date), as if the
reference to the Model Regulation adopted on June 6, 1979, were a
reference to the 1991 NAIC Model Regulation (as so defined) as changed
under this paragraph (such changed Regulation referred to in this
section as the ``1995 NAIC Model Regulation'').
(b) Secretary Standards.--If the NAIC does not make changes in the
1991 NAIC Model Regulation (as so defined) within the 6-month period
specified in subsection (a), the Secretary of Health and Human Services
(in this section as the ``Secretary'') shall promulgate within 90 days
of the end of such period a regulation and section 1882(g)(2)(A) of the
Social Security Act shall be applied in each State, effective for
policies issued to policyholders on and after the date specified in
subsection (c) (or, with respect to the requirements imposed by section
1882(r)(6) of such Act, effective as of the date specified in
subsection (c) for policies issued before such date), as if the
reference to the Model Regulation adopted in June 6, 1979, were a
reference to the 1991 NAIC Model Regulation (as so defined) as changed
by the Secretary under this subsection (such changed Regulation
referred to in this section as the ``1995 Federal Regulation'').
(c) Date Specified.--
(1) In general.--Subject to paragraph (2), the date
specified in this subsection for a State is the earlier of--
(A) the date the State adopts the 1995 NAIC Model
Regulation or the 1995 Federal Regulation; or
(B) 1 year after the date the NAIC or the Secretary
first adopts such regulations.
(2) Additional legislative action required.--In the case of
a State which the Secretary identifies, in consultation with
the NAIC, as--
(A) requiring State legislation (other than
legislation appropriating funds) in order for medicare
supplemental policies to meet the 1995 NAIC Model
Regulation or the 1995 Federal Regulation, but
(B) having a legislature which is not scheduled to
meet in 1996 in a legislative session in which such
legislation may be considered,
the date specified in this subsection is the first day of the
first calendar quarter beginning after the close of the first
legislative session of the State legislature that begins on or
after January 1, 1996. For purposes of the previous sentence,
in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate
regular session of the State legislature.
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Medigap Consumer Protection Act of 1995 - Amends the Social Security Act to require that private insurers selling Medicare supplemental policies (Medigap policies) do not increase policyholder premiums on the basis of age attained after enrollment.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College Partnership Act of
2005''.
SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS
AUTHORIZED.
Subpart 2 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a-11 et seq.) is amended--
(1) by redesignating section 407E as section 406E; and
(2) by adding at the end the following:
``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY
``SEC. 407A. PURPOSE.
``It is the purpose of this chapter to enhance--
``(1) the retention of students at community or technical
colleges;
``(2) the opportunities for students to transfer to 4-year
institutions of higher education and complete baccalaureate
degrees; and
``(3) the preparation of students for high-quality and
high-demand emerging and established occupations.
``SEC. 407B. ACTIVITIES.
``(a) Definitions.--In this chapter:
``(1) Community or technical college.--The term `community
or technical college' means an institution of higher
education--
``(A) that admits as regular students, individuals
who are beyond the age of compulsory school attendance
in the State in which the institution is located and
who have the ability to benefit from the training
offered by the institution;
``(B) that predominately does not provide an
educational program for which it awards a baccalaureate
degree (or an equivalent degree);
``(C) that--
``(i) provides an educational program of
not less than 2 years that is acceptable for
full credit toward a baccalaureate degree; or
``(ii) offers a 2-year program in
engineering, mathematics, or the physical or
biological sciences, designed to prepare a
student to work as a technician or at the
semiprofessional level in engineering,
scientific, or other technological fields
requiring the understanding and application of
basic engineering, scientific, or mathematical
principles of knowledge; and
``(D) that is accredited by a regional accrediting
agency or association recognized by the Secretary under
section 496.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a statewide governance or coordinating board
with jurisdiction over community or technical colleges
and institutions of higher education that offer a
baccalaureate or postbaccalaureate degree;
``(B) a partnership between--
``(i) a statewide governance or
coordinating board with jurisdiction over
community or technical colleges; and
``(ii) a statewide governance or
coordinating board with jurisdiction over
institutions of higher education that offer a
baccalaureate or postbaccalaureate degree; or
``(C) a partnership between--
``(i) 1 or more community or technical
colleges; and
``(ii) 1 or more institutions of higher
education that offer a baccalaureate or
postbaccalaureate degree which is not awarded
by a college described in clause (i) with which
the institution is partnered.
``(b) Grants Authorized.--From the amounts appropriated under
section 407C, the Secretary shall award not less than 6 and not more
than 12 grants to eligible entities.
``(c) Applications.--Any eligible entity that desires to obtain a
grant under this chapter shall submit to the Secretary an application
at such time, in such manner, and containing such information or
assurances as the Secretary may require.
``(d) Awarding of Grants.--
``(1) Criteria.--The Secretary shall establish criteria for
awarding grants under this chapter.
``(2) Priority.--In awarding grants under this chapter, the
Secretary shall give priority to eligible entities that
demonstrate the capacity to identify and address systemic
problems related to college retention and the transfer of
community or technical college students to institutions of
higher education that offer a baccalaureate or
postbaccalaureate degree.
``(e) Duration.--A grant under this chapter shall be awarded for a
period of 5 or 6 years, which period shall include a planning and
implementation phase.
``(f) Use of Funds.--Grants funds awarded under this chapter shall
be used for--
``(1) the development of policies to expand opportunities
for community or technical college students to earn
baccalaureate degrees, including promoting the transfer of
academic credits between institutions and expanding
articulation and guaranteed transfer agreements;
``(2) support services for students participating in the
program, such as tutoring, mentoring, and academic and personal
counseling, as well as any service that facilitates the
transition of students from a community or technical college to
an institution of higher education that offers a baccalaureate
or postbaccalaureate degree;
``(3) academic program enhancements at a community or
technical college that result in increasing--
``(A) the quality of the program offered;
``(B) the connection to high-quality and high-
demand emerging and established occupations; and
``(C) the number of student participants in a dual
degree program offered in conjunction with an
institution of higher education that offers a
baccalaureate or postbaccalaureate degree; and
``(4) programs to identify barriers that inhibit student
transfers.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this chapter.
``SEC. 407C. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$70,000,000 for fiscal year 2006 and such sums as may be necessary for
each of the 3 succeeding fiscal years.''.
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Community College Partnership Act of 2005 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges to transfer to four-year institutions and complete bachelor's degrees.
Directs the Secretary of Education to award program grants to eligible partnerships that include one or more community or technical colleges that award associate's degrees and one or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges (or to statewide boards or partnerships with jurisdiction over such educational entities).
Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including transfer of academic credits between institutions and expanded articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree-granting institution; and (4) programs to identify barriers that inhibit student transfers.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Budget Autonomy
Act of 2013''.
SEC. 2. TERMINATION OF FEDERAL MANDATES OVER LOCAL BUDGET PROCESS AND
FINANCIAL MANAGEMENT OF DISTRICT OF COLUMBIA.
(a) Termination of Mandates.--
(1) In general.--Part D of title IV of the District of
Columbia Home Rule Act (sec. 1-204.41 et seq., D.C. Official
Code) is amended by adding at the end the following new
subpart:
``Subpart 3--Termination of Federal Mandates
``termination of federal mandates
``Sec. 458. (a) Budget and Financial Management Governed Under
District Law.--Effective with respect to fiscal year 2014 and each
succeeding fiscal year which is not a control year--
``(1) the provisions of subpart 1 and subpart 2 (other than
sections 445A, 449, 453(c), and 455) shall not apply; and
``(2) the process by which the District of Columbia
develops and enacts the budget for the District government for
a fiscal year, and the activities carried out with respect to
the financial management of the District government for a
fiscal year, shall be established under such laws as may be
enacted by the District (except that nothing in this subsection
may be construed to permit the District to waive the
application of any other provision of this Act to such budget
or such activities for the fiscal year).
``(b) Special Rule for Determination of Fiscal Year.--Section 441
(relating to the fiscal year of the District) shall not apply with
respect to fiscal year 2014 or any succeeding fiscal year, without
regard to whether or not the fiscal year is a control year.
``(c) No Effect on Existing Obligations.--Nothing in this section
may be construed to relieve the District of Columbia of any contractual
or other financial obligations incurred by the District under a budget
enacted for a fiscal year prior to fiscal year 2014.
``(d) No Effect on Other Provisions of Law.--Nothing in this
section may be construed to waive the application of any provision of
this Act with respect to the process and activities described in
subsection (a)(2) for a fiscal year, other than the provisions which do
not apply to the fiscal year pursuant to subsection (a)(1).''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to part D
of title IV the following:
``Subpart 3--Termination of Federal Mandates
``Sec. 458. Termination of Federal mandates.''.
(b) Elimination of Congressional Review Period for Budget Acts.--
Section 602(c) of such Act (sec. 1-206.02(c), D.C. Official Code) is
amended--
(1) in the second sentence of paragraph (1), by striking
``paragraph (2)'' and inserting ``paragraphs (2) and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) In the case of any Act adopting the annual budget for the
District of Columbia government for fiscal year 2014 or any succeeding
fiscal year which is not a control year, such Act shall take effect
upon the date prescribed by such Act.''.
SEC. 3. TERMINATION OF FEDERAL MANDATES OVER BORROWING OF MONEY.
(a) Termination of Mandates.--
(1) In general.--Part E of title IV of the District of
Columbia Home Rule Act (sec. 1-204.61 et seq., D.C. Official
Code) is amended by adding at the end the following new
subpart:
``Subpart 6--Termination of Federal Mandates
``termination of federal mandates
``Sec. 490A. (a) Borrowing Governed Under District Law.--Except as
provided in subsection (b), effective with respect to fiscal year 2014
and each succeeding fiscal year which is not a control year--
``(1) the provisions of subparts 1 through 5 shall not
apply; and
``(2) the process and rules by which the District of
Columbia issues bonds or otherwise borrows money shall be
established under such laws as may be enacted by the District.
``(b) Exception for Certain Provisions.--Subsection (a) does not
apply with respect to the following sections:
``(1) Section 482 (relating to the full faith and credit of
the District).
``(2) Section 484 (relating to the nonapplicability of the
full faith and credit of the United States).
``(3) Section 485 (relating to the tax treatment of bonds
and notes).
``(4) Section 486 (relating to legal investment in bonds
and notes).
``(5) Section 487 (relating to payments for sanitary sewage
water works, water pollution projects, and waste treatment
services).
``(6) Section 488 (relating to payments for reservoirs on
the Potomac River).
``(7) Section 489 (relating to contributions to the
Washington Metropolitan Area Transit Authority).
``(c) Rule of Construction.--Nothing in this section may be
construed--
``(1) to relieve the District of Columbia of any obligation
incurred with respect to bonds or other forms of borrowing
issued prior to fiscal year 2014; or
``(2) to waive the application to the District of Columbia
of any other Federal law governing the borrowing of funds by
States or units of local government, including the Internal
Revenue Code of 1986.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to part E
of title IV the following:
``Subpart 6--Termination of Federal Mandates
``Sec. 490A. Termination of Federal mandates.''.
(b) Repeal of Cap on Amount of District Borrowing.--Section 603(b)
of such Act (sec. 1-206.03(b), D.C. Official Code) is amended by adding
at the end the following new paragraph:
``(4) Paragraphs (1) through (3) shall not apply with respect to
fiscal year 2014 or any succeeding fiscal year which is not a control
year.''.
SEC. 4. REPEAL OF APPLICATION OF FEDERAL ANTI-DEFICIENCY ACT TO
DISTRICT OF COLUMBIA GOVERNMENT.
(a) Repeal of Provisions Relating to Limitations on
Appropriations.--Subchapter III of chapter 13 of title 31, United
States Code, is amended by striking ``or of the District of Columbia
government'' each place it appears in the following sections:
(1) Section 1341(a)(1).
(2) Section 1342.
(3) Section 1349(a).
(4) Section 1350.
(5) Section 1351.
(b) Repeal of Provisions Relating to Apportionment of
Appropriations.--Subchapter II of chapter 15 of such title is amended
by striking ``or of the District of Columbia government'' each place it
appears in the following sections:
(1) Section 1517(a).
(2) Section 1517(b).
(3) Section 1518.
(4) Section 1519.
(c) Other Conforming Amendments.--Such title is further amended as
follows:
(1) Section 1341 is amended by striking subsection (b).
(2) Section 1351 is amended by striking ``or the Mayor of
the District of Columbia, as the case may be,''.
(3) Section 1513(a) and section 1514(a) are each amended by
striking ``the United States International Trade Commission, or
the District of Columbia government'' and inserting ``or the
United States International Trade Commission''.
(4) Section 1517(b) is amended by striking ``or the Mayor
of the District of Columbia, as the case may be,''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2014 and each succeeding fiscal year.
SEC. 5. OTHER CONFORMING AMENDMENTS TO HOME RULE ACT RELATING TO
CHANGES IN FEDERAL ROLE IN BUDGET PROCESS.
(a) Federal Authority Over Budget-Making Process.--Section 603(a)
of the District of Columbia Home Rule Act (sec. 1-206.03, D.C. Official
Code) is amended by inserting before the period at the end the
following: ``for a fiscal year which is a control year''.
(b) Restrictions Applicable During Control Years.--Section 603(d)
of such Act (sec. 1-206.03(d), D.C. Official Code) is amended to read
as follows:
``(d) In the case of a fiscal year which is a control year, the
Council may not approve, and the Mayor may not forward to the
President, any budget which is not consistent with the financial plan
and budget established for the fiscal year under subtitle A of title II
of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995.''.
(c) Definition.--Section 603(f) of such Act (sec. 1-206.03(f), D.C.
Official Code) is amended to read as follows:
``(f) In this section, the term `control year' has the meaning
given such term in section 305(4) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2014 and each succeeding fiscal year.
SEC. 6. OTHER CONFORMING AMENDMENTS RELATING TO FEDERALLY AUTHORIZED
ADJUSTMENTS TO LOCAL APPROPRIATIONS.
(a) Authority Granted by Federal Government To Increase Spending in
Case of General Fund Surplus.--Section 816 of the Financial Services
and General Government Appropriations Act, 2009 (sec. 47-369.01, D.C.
Official Code), is amended by striking ``Beginning in fiscal year 2009
and each fiscal year thereafter,'' and inserting the following: ``With
respect to fiscal years 2009 through 2013 and any fiscal year
thereafter which is a control year (as defined in section 305(4) of the
District of Columbia Financial Responsibility and Management Assistance
Act of 1995),''.
(b) Authority Granted by Federal Government To Increase Spending in
Case of Increased Revenue Collections.--Section 817(a) of such Act
(sec. 47-369.02(a), D.C. Official Code) is amended by striking
``Beginning in fiscal year 2009 and each fiscal year thereafter,'' and
inserting the following: ``With respect to fiscal years 2009 through
2013 and any fiscal year thereafter which is a control year (as defined
in section 305(4) of the District of Columbia Financial Responsibility
and Management Assistance Act of 1995),''.
(c) Authority Granted by Federal Government Regarding Use of
Federally Mandated Reserve Funds.--Section 818 of such Act (sec. 47-
369.03, D.C. Official Code) is amended by striking ``Beginning in
fiscal year 2009 and each fiscal year thereafter,'' and inserting the
following: ``With respect to fiscal years 2009 through 2013 and any
fiscal year thereafter which is a control year (as defined in section
305(4) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995),''.
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District of Columbia Budget Autonomy Act of 2013 - Amends the District of Columbia Home Rule Act to eliminate, with respect to each fiscal year that is not a control year, all federally-imposed mandates over the District of Columbia's: (1) local budget process, financial management, audits, and accountability requirements; and (2) short-term borrowing of money, with specified exceptions. Declares that the process by which the District develops and enacts the District government's budget for a fiscal year, the activities carried out regarding financial management of the District government, and the process and rules by which the District issues bonds or otherwise borrows money shall be established under laws enacted by the District. Provides that Acts adopting the District government's annual budget for FY2014 and succeeding non-control fiscal years shall take effect upon their prescribed dates. (Thus eliminates congressional review of such Acts). Repeals the federal cap on amounts the District may borrow (other than in a control year). Repeals the application of the Federal Anti-Deficiency Act to the District government. Makes conforming amendments to the Act. Makes conforming amendments to the Financial Services and General Government Appropriations Act, 2009.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Important Voter
Eligibility Requirements to States Act of 2013''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds as follows:
(1) Congress enacted the National Voter Registration Act of
1993 (42 U.S.C. 1973gg et seq.) to promote the rights of
citizens of the United States to exercise the fundamental right
to vote, as set forth in the findings of such Act (42 U.S.C.
1973gg(a)).
(2) While the purposes of such Act (42 U.S.C. 1973gg(b))
include increasing voter registration and voter participation
in elections for Federal office, the language does not refer to
individuals in general but refers exclusively to ``eligible
citizens of the United States''.
(3) An additional purpose of such Act is to ``protect the
integrity of the electoral process'' (42 U.S.C. 1973gg(b)(3)).
(4) Individuals who do not meet the eligibility
requirements for voting in elections for Federal office,
including individuals who are not citizens of the United
States, have been permitted to register to vote in such
elections and are presumably casting ballots in such elections.
(5) The participation of ineligible voters in elections for
Federal office is in direct conflict with the intent of
Congress in enacting the National Voter Registration Act of
1993 and with the purpose of such Act.
(b) Purpose.--It is the purpose of this Act to ensure that the
procedures for registering individuals to vote in elections for Federal
office are consistent with the purposes of the National Voter
Registration Act of 1993.
SEC. 3. EXPANDED REQUIREMENTS FOR CONTENTS OF VOTER REGISTRATION
APPLICATION FORMS.
(a) Requiring Affirmative Statement That Applicant Meets
Eligibility Requirements as Condition of Acceptance.--
(1) Forms provided with application for motor vehicle
driver's license.--Section 5(c)(2)(C)(ii) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-3(c)(2)(C)(ii)) is
amended to read as follows:
``(ii) the applicant must state affirmatively that
the applicant meets each such requirement as a
condition of the acceptance of the application; and''.
(2) Forms provided by other voter registration agencies.--
Section 7(a)(6)(A)(i)(II) of such Act (42 U.S.C. 1973gg-
5(a)(6)(A)(i)(II)) is amended to read as follows:
``(II) the applicant must state
affirmatively that the applicant meets each
such requirement as a condition of the
acceptance of the application; and''.
(3) Mail registration forms.--Section 303(b)(4)(A) of the
Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(A)) is
amended--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following
new clause:
``(iv) The statement `If you do not check
``yes'' in response to both of these questions,
your application will not be accepted.'.''.
(b) Inclusion of Statement Specifying Penalty for Perjury.--
(1) Forms provided with application for motor vehicle
driver's license.--Section 5(c)(2)(D) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-3(c)(2)(D)) is
amended--
(A) by striking ``and'' at the end of clause (ii);
and
(B) by adding at the end the following new clause:
``(iv) a statement that an applicant who knowingly
provides false information in the application commits
perjury, as well as a description of the specific fine
and term of imprisonment that may be imposed on an
applicant who commits perjury by providing such false
information; and''.
(2) Forms provided by other voter registration agencies.--
Section 7(a)(6)(A)(i) of such Act (42 U.S.C. 1973gg-
5(a)(6)(A)(i)) is amended--
(A) by striking ``and'' at the end of subclause
(II);
(B) by striking ``or'' at the end of subclause
(III) and inserting ``and''; and
(C) by adding at the end the following new
subclause:
``(IV) describes how an applicant who
knowingly provides false information in the
application commits perjury, as well as a
description of the specific fine and term of
imprisonment that may be imposed on an
applicant who commits perjury by providing such
false information; or''.
(3) Mail registration forms.--Section 303(b)(4)(A) of the
Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(A)), as
amended by subsection (a)(3), is amended--
(A) by redesignating clause (v) as clause (vi); and
(B) by inserting after clause (iv) the following
new clause:
``(v) A statement informing the individual
that an individual who knowingly provides a
false answer to either of these questions
commits perjury, as well as a description of
the specific fine and term of imprisonment that
may be imposed on an individual who commits
perjury by providing such a false answer.''.
(4) Rule of construction.--Nothing in the amendments made
by this subsection shall be construed to prohibit the Election
Assistance Commission or any State or local election official
from including on a voter registration form any information
regarding any of the sanctions that may be imposed upon an
individual as a result of information the individual provides
on the form.
SEC. 4. VERIFICATION OF INFORMATION PROVIDED BY APPLICANTS FOR VOTER
REGISTRATION.
(a) Requiring States To Verify Information.--Section 8 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is
amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Verification of Information Provided by Applicants.--
``(1) Verification required.--A State may not register an
individual to vote in elections for Federal office in the
State, including an individual who submits the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2), unless the
State verifies that the information provided by the individual
in the individual's application for voter registration is
correct.
``(2) Methods of verification.--For purposes of paragraph
(1), a State may verify the information provided by an
applicant for voter registration through such methods as the
State considers appropriate, including requiring the applicant
to provide (at the time of submitting a voter registration
application with an application for a motor vehicle driver's
license under section 5 or at the time of submitting any other
application form under this Act) documentary evidence that the
applicant meets the eligibility requirements for voting in
elections for Federal office in the State, including the
requirement that the applicant is a United States citizen.''.
(b) Requiring Federal Officials To Provide Information.--
(1) In general.--Section 9 of the National Voter
Registration Act (42 U.S.C. 1973gg-7) is amended by adding at
the end the following new subsection:
``(c) Assisting Election Officials With Verification of Applicant
Information.--
``(1) Requiring agreements upon request.--At the request of
the chief State election official, the head of an office of the
Federal government shall enter into an agreement with the
official for the purpose of enabling the official to verify
information regarding the eligibility of an applicant for voter
registration in the State to vote in elections for Federal
office in the State.
``(2) Deadline for entering into agreement.--The head of an
office of the Federal government who receives a request from a
chief State election official to enter into an agreement under
paragraph (1) shall enter into such an agreement with the
official not later than 30 days after receiving the request.
``(3) No effect on other requirements.--Nothing in
paragraph (1) shall be construed to affect the requirements of
section 8(g) (relating to information provided by a United
States attorney regarding offenders) or section 205(r) of the
Social Security Act (relating to agreements with the
Commissioner of Social Security for the purpose of verifying
certain information).''.
(2) Clarification of information provided by commissioner
of social security under existing authority.--Section
205(r)(8)(D)(i)(I) of the Social Security Act (42 U.S.C.
405(r)(8)(D)(i)(I)) is amended by striking ``the date of
birth'' and inserting ``the location and date of birth''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after the expiration of the 1-year period which
begins on the date of the enactment of this Act.
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Restoring Important Voter Eligibility Requirements to States Act of 2013 - Amends the National Voter Registration Act of 1993 to require an applicant for voter registration for federal elections to state affirmatively in the application form provided along with an application for a motor vehicle driver's license (as well as in other voter registration forms) that the applicant meets the eligibility requirements for voting in such elections as a condition of the application's acceptance. Requires all such forms to include a statement specifying the penalty for perjury in an application for voter registration. Prohibits states from registering an individual to vote in federal elections unless they verify that the information provided in the individual's application is correct. Requires the head of an office of the federal government, upon request, to enter into an agreement with the chief state election official to enable the official to verify the eligibility of such an applicant.
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Make a summary of the following text: SECTION 1. READICALL EMERGENCY ALERT SYSTEM.
(a) In General.--Title V of the Homeland Security Act of 2002
(Public Law 107-296; 6 U.S.C. 311 et seq.) is amended by adding at the
end the following:
``SEC. 510. READICALL EMERGENCY ALERT SYSTEM.
``(a) In General.--As soon as is practicable, but not later than 1
year after the date of the enactment of this section, the Secretary,
working in coordination with appropriate Federal agencies, State, and
local domestic security agencies, and national private sector networks
and infrastructure, shall develop and implement an emergency telephonic
alert notification system which shall be known as the Responsive
Emergency Alert and Dissemination of Information Call System or
READICall System.
``(b) Functions.--The System shall be designed--
``(1) to alert persons in the United States of imminent or
current hazardous events caused by acts of terrorism and other
man-made disasters; and
``(2) to provide information to individuals regarding
appropriate measures that may be undertaken to alleviate or
minimize threats to their safety and welfare posed by such
events.
``(c) Coordination and Collaboration.--In implementing this
section, the Secretary shall--
``(1) to the maximum extent possible, make use of national
private sector networks, technology, personnel, and
infrastructure to develop and implement the System;
``(2) develop coordinated infrastructure for the System, in
collaboration with the Assistant Secretary of Commerce for
Communications and Information, the national teleservices
industry, and other Federal, State, and local governmental
agencies as may be necessary, that--
``(A) uses the full range of available
telecomunications technology; and
``(B) will be able to--
``(i) provide immediate notification and
warning upon approval by the Secretary, via
telephone to all telephone subscribers within
the United States and its territories in the
event of an emergent national crisis resulting
from a terrorist act or acts;
``(ii) target specific regions,
communities, neighborhoods, or locations of
emergent local crises and provide notification
and warning to just the affected areas if
appropriate;
``(iii) to the extent possible, provide for
a distinct ring so that telephone subscribers
are immediately aware of the emergency nature
of the call; and
``(iv) disseminate necessary information to
a telephone subscriber related to the emergency
situation and appropriate courses of action to
take; and
``(3) in developing the System, undertake a collaborative
effort between the Department and other Federal agencies,
State, and local domestic security agencies, and organizations
of first responders, so that--
``(A) the System will allow for necessary
interoperability between different sources of terrorist
threat information;
``(B) the System will allow for the immediate
dissemination of information both laterally and
horizontally, such that information can be provided
from all levels of governmental sources; and
``(C) appropriate standards, protocols, procedures,
and terminology are determined to minimize
inconsistencies and miscommunication with intelligence
information, including appropriate definitions for
situations that would constitute a threat for which the
System would be used.
``(d) Authorities.--The Secretary may conduct research and pilot
programs as may be necessary to determine and improve the effectiveness
of the System.
``(e) Reports to Congress.--The Secretary shall submit a report to
the Congress on the status of the System--
``(1) by not later than 6 months after the date of
enactment of this Act; and
``(2) yearly thereafter.
``(f) Definitions.--In this section:
``(1) System.--The term `System' means the Responsive
Emergency Alert and Dissemination of Information Call System or
READICall System established under this section.
``(2) Telephone subscriber.--The term `telephone
subscriber' means any residents of the United States (including
territories of the United States) who receives telephone
service via a traditional residential telephone, business
telephone, or wireless telephone.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 509
the following:
``Sec. 510. READICall emergency alert system.''.
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Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security to develop and implement an emergency telephonic alert notification system (the Responsive Emergency Alert and Dissemination of Information Call System or READICall System) to: (1) alert persons of imminent or current hazardous events caused by terrorist acts and other man-made disasters; and (2) provide information to individuals regarding measures to alleviate or minimize threats to their safety and welfare. Directs the Secretary to: (1) make use of national private sector networks, technology, personnel, and infrastructure to develop and implement the System; (2) develop coordinated infrastructure for the System that will be able to provide immediate notification and warning to all telephone subscribers in the United States in a national crisis resulting from a terrorist act and to target specific locations and warn just the affected areas; and (3) collaborate with other Federal, State, and local agencies to allow interoperability between different sources of terrorist threat information, allow the immediate dissemination of information from all levels of governmental sources, and develop standards, protocols, procedures, and terminology to minimize inconsistencies and miscommunication with intelligence information.Authorizes the Secretary to conduct research and pilot programs as may be necessary for improving the effectiveness of such System.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Stop Sweatshops
Act of 1997''.
(b) Reference.--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 Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.).
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The production of garments in violation of minimum
labor standards burdens commerce and the free flow of goods in
commerce by spreading and perpetuating labor conditions that
undermine minimum living standards and by providing an unfair
means of competition to the detriment of employers who comply
with the law.
(2) The existence of working conditions detrimental to fair
competition and the maintenance of minimum standards of living
necessary for health, efficiency, and general well-being of
workers is a continuing and growing problem in the domestic
garment industry.
(3) The Congress concurs in the findings of the Comptroller
General that most sweatshop employers violate the recordkeeping
requirements of the Fair Labor Standards Act of 1938 and that
the failure of such employers to maintain adequate records has
affected, and continues to affect adversely, the ability of the
Department of Labor to collect wages due to workers.
(4) The amendment of the Fair Labor Standards Act of 1938
to provide for legal responsibility on the part of
manufacturers for compliance with such Act's wage and hour,
child labor, and industrial homework provisions by contractors
in the garment industry and to provide civil penalties for
violations of that Act's recordkeeping requirements is
necessary to promote fair competition and working conditions
that are not detrimental to the maintenance of health,
efficiency, and general well-being of workers in the garment
industry.
SEC. 3. LEGAL RESPONSIBILITY FOR COMPLIANCE WITH WAGE AND HOUR
PROVISIONS IN THE GARMENT INDUSTRY.
(a) Amendment.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.) is amended by inserting after section 14 the following:
``legal responsibility for compliance in the garment industry with
sections 6 and 7
``Sec. 14A. (a) Every manufacturer engaged in the garment industry
who contracts to have garment manufacturing operations performed by
another person as a contractor--
``(1) shall be civilly liable, with respect to those
garment manufacturing operations, to the same extent as the
contractor for any violation by the contractor of section 6
(except for violations of subsection (d)) or 7, for any
violation by the contractor of the provisions of section 11
regulating, restricting, or prohibiting industrial homework,
and for violation by the contractor of section 12; and
``(2) shall be subject to the same civil penalties assessed
against the contractor for violations of such sections.
``(b) In this section:
``(1) The term `contractor' means any person who contracts,
directly or indirectly through an intermediary or otherwise,
with a manufacturer to perform the cutting, sewing, dyeing,
washing, finishing, assembling, pressing, or otherwise
producing of any men's, women's, children's, or infants'
apparel (including clothing, knit goods, hats, gloves,
handbags, hosiery, ties, scarves, and belts, or a section or component
of apparel, except for premanufactured items such as buttons, zippers,
snaps, and studs) that is designed or intended to be worn by any
individual and that is to be sold or offered for sale.
``(2) The term `garment industry' means the designing,
cutting, sewing, dyeing, washing, finishing, assembling,
pressing, or otherwise producing of men's, women's, children's,
or infants' apparel (including clothing, knit goods, hats,
gloves, handbags, hosiery, ties, scarves, and belts, or a
section or component of apparel, except for premanufactured
items such as buttons, zippers, snaps, and studs) that is
designed or intended to be worn by any individual and that is
to be sold or offered for sale.
``(3) The term `manufacturer' means any person, including a
retailer, who--
``(A) contracts, directly or indirectly through an
intermediary or otherwise, with a contractor to perform
the cutting, sewing, dyeing, washing, finishing,
assembling, pressing, or otherwise producing of any
men's, women's, children's, or infants' apparel (including clothing,
knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts,
or a section or component of apparel, except for premanufactured items
such as buttons, zippers, snaps, and studs) that is designed or
intended to be worn by any individual and that is to be sold or offered
for sale; or
``(B) designs, cuts, sews, dyes, washes, finishes,
assembles, presses, or otherwise produces or is
responsible for the production of any men's, women's,
children's, or infants' apparel (including clothing,
knit goods, hats, gloves, handbags, hosiery, ties,
scarves, and belts, or a section or component of
apparel, except for premanufactured items such as
buttons, zippers, snaps, and studs) that is designed or
intended to be worn by any individual and that is to be
sold or offered for sale.
``(4) The term `retailer' means any person engaged in the
sale of apparel to the ultimate consumer for personal use.''.
(b) Liability to Employees.--Section 16 (29 U.S.C. 216) is
amended--
(1) in subsection (b), by inserting after the first
sentence the following: ``A manufacturer in the garment
industry (as defined in section 14A(b)(3)) shall also be
jointly and severally liable to such an employee to the same
extent as the contractor in the garment industry (as defined in
section 14A(b)(1)) who employed such employee if the contractor
violated section 6 (other than subsection (d)) or 7 in the
production of apparel or components of apparel for such
manufacturer.'';
(2) in subsection (b), by inserting in the last sentence
``or by a manufacturer in the garment industry'' after ``by an
employer''; and
(3) in subsection (c)--
(A) in the third sentence, by striking ``first
sentence'' and inserting ``first or second sentence'';
and
(B) in the third sentence, by inserting ``or by a
manufacturer in the garment industry'' before
``liable''.
SEC. 4. RECORDKEEPING.
Section 16(e) (29 U.S.C. 216(e)) is amended by inserting after the
first sentence the following: ``Any person who fails to establish,
maintain, and preserve payroll records as required under section 11(c)
shall be subject to a civil penalty of not to exceed $1,000 for each
employee who was the subject of such a violation. The Secretary may, in
the Secretary's discretion, impose civil penalties under this
subsection for willful violations. Any person who submits fraudulent
payroll records to the agencies enforcing this Act in any of the
agencies' investigations or hearings, or as evidence in a court action,
that conceal the actual hours of labor worked by employees or the
violation of section 6, 7, 11(d), or 12 shall be subject to a civil
penalty of $10,000 for each act of fraud and $15,000 for each act of
fraud for a second offense.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of 30 days after the date of enactment of this Act.
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Stop Sweatshops Act of 1997 - Amends the Fair Labor Standards Act of 1938 to provide for the civil liability of manufacturers (including retailers) for sweatshop conditions maintained by their contractors in the garment industry. Sets forth civil penalties for violation of recordkeeping and payroll accounting requirements.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Service Line of Duty Death
Gratuity Act of 2011''.
SEC. 2. DEATH GRATUITY.
Subsection (a) of section 413 of the Foreign Service Act of 1980
(22 U.S.C. 3973) is amended, in the first sentence, by inserting ``or
$100,000, whichever is greater'' after ``one year's salary at the time
of death''.
SEC. 3. INCREASED GROUP LIFE INSURANCE BENEFITS APPLICABLE TO THOSE
KILLED IN THE LINE OF DUTY.
(a) In General.--Chapter 4 of the Foreign Service Act of 1980 (22
U.S.C. 3961 et seq.) is amended by adding at the end the following new
section:
``SEC. 415. INCREASED GROUP LIFE INSURANCE BENEFITS APPLICABLE TO THOSE
KILLED IN THE LINE OF DUTY.
``Notwithstanding the amounts specified in chapter 87 of title 5,
United States Code, a Foreign Service employee (as such term is defined
in section 413) or Government executive branch employee who is subject
to the authority of the chief of mission pursuant to section 207 and is
killed as a result of an act of violence in the line of duty, as
determined by the Secretary, in an operation or area that the Secretary
of State designates, in writing, as a combat operation or a zone of
combat shall be deemed to be insured under such chapter for $400,000 if
such amount is greater than the amount for which such employee is
otherwise insured under such chapter.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Foreign Service Act of 1980 is amended by inserting after the item
relating to section 414 the following new item:
``Sec. 415. Increased group life insurance benefits applicable to those
killed in the line of duty.''.
SEC. 4. REQUIREMENT TO PROVIDE COMPENSATION.
(a) Compensation Requirement.--
(1) In general.--
(A) Requirement.--Notwithstanding the amount
specified in subsection (a) of section 413 of the
Foreign Service Act of 1980, as amended by section 2 of
this Act, the Secretary of State shall provide a death
gratuity payment under such section in the amount
specified in paragraph (2) of this subsection to the
surviving dependents of a Foreign Service employee (as
such term is defined in such section 413) or a
Government executive branch employee subject to the
authority of the chief of mission pursuant to section
207 of the Foreign Service Act of 1980, or to an
individual otherwise serving at a United States
diplomatic or consular mission abroad without a regular
salary, who was killed in the August 7, 1998, bombing
of the United States Embassy in Nairobi, Kenya.
(B) Deadlines.--Subject to available
appropriations, the Secretary of State--
(i) shall make a partial payment of the
death gratuity payment to eligible individuals
not later than 180 days after the date of the
enactment of this Act; and
(ii) is authorized to make additional
partial payments, as appropriations become
available, until the compensation level
required under paragraph (2) has been
satisfied.
(C) Minimum payment.--The amount of the payment
under subparagraph (B)(i) shall be equal to or greater
than the $4,000,000 previously appropriated for such
purpose by title I of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2008 (division J of Public Law 110-161; 121 Stat. 2277)
under the heading ``Diplomatic and consular programs''.
(2) Compensation level.--
(A) Salary multiple.--A payment pursuant to
paragraph (1) of a death gratuity payment under section
413 of the Foreign Service Act of 1980 shall be in an
amount equal to ten times the salary specified in
subparagraph (B).
(B) Calculation of salary.--For purposes of this
paragraph, the salary of an individual used to
determine payments under such section shall be $94,000.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State such sums as may be necessary
for purposes of making payments under this section, including amounts
appropriated by title I of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008 (division J of Public Law
110-161; 121 Stat. 2277) under the heading ``diplomatic and consular
programs''.
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Foreign Service Line of Duty Death Gratuity Act of 2011 - Amends the Foreign Service Act of 1980 to provide increased group life insurance benefits for a Foreign Service or government executive branch employee killed in a location designated as a danger pay post.
Directs the Secretary of State to provide a specified death gratuity payment to the surviving dependents of a Foreign Service or a government executive branch employee serving at a U.S. diplomatic or consular mission abroad without a regular salary who was killed in the August 7, 1998, bombing of the U.S. Embassy in Nairobi, Kenya. Authorizes appropriations for such payments.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Panama-Pacific International
Exposition and Panama Canal Commemorative Coins Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The 1915 Panama-Pacific International Exposition was a
world's fair held in San Francisco, California. The Exposition
ran from February 20 until December 4, 1915.
(2) The Exposition commemorated the completion of the
Panama Canal and the 400th anniversary of the discovery of the
Pacific Ocean by the Spanish explorer Vasco Nunez de Balboa.
(3) The event was a significant factor in the economic
recovery of San Francisco, which had been nearly destroyed by
an earthquake and subsequent fire in 1906.
(4) President William Howard Taft announced the choice of
San Francisco as the location of the Exposition in 1911, and
construction began shortly thereafter.
(5) There were hundreds of buildings on the grounds; most
were built to last only the duration of the Exposition. Every
State then in the Union was represented with a building. Many
nations were represented at the Exposition as well: 22 foreign
governments had buildings. The fair occupied 76 city blocks.
(6) The only building to survive the Exposition, and its
most visible remnant, is the Palace of Fine Arts, which was
designed by noted architect Bernard R. Maybeck.
(7) Congress authorized the United States Mint to issue
five different coins dated 1915 in connection with the Panama-
Pacific International Exposition. The coins represent a high
water mark for American commemorative coins. Produced at the
San Francisco Mint, these were the first United States
commemorative coins to bear the motto ``In God We Trust'', and
included the silver Panama-Pacific half dollar and four gold
coins in denominations of one dollar, 2\1/2\ dollars, a 50-
dollar round coin, and a unique 50-dollar octagonal coin.
(8) The octagonal $50 gold piece was the largest coin
authorized by Congress, and the first minted since 1852 in a
shape other than round.
(9) The Panama Canal, which cuts across the Isthmus of
Panama, was built between 1890 and 1914. It was the world's
greatest engineering feat of its time and required a labor
force of almost 40,000.
(10) While the initial French efforts to build the canal
were disastrous, President Theodore Roosevelt, recognizing the
value of a canal, led the United States in buying the equipment
and concession of the unsuccessful French effort to build the
canal for $40 million, and championed the effort that overcame
malaria and immense logistical problems. The Canal opened on
August 15, 1914--401 years after Balboa first crossed Panama.
(11) Stretching 51 miles, the Panama Canal connected the
Atlantic Ocean and the Pacific Ocean, saving sailors a
dangerous 8,000-mile journey around Cape Horn and through the
Straits of Magellan, and cutting in half the time previously
required to sail between the oceans.
(12) The United States should mark the centennial of this
important event in San Francisco and the monumental achievement
of the opening of the Panama Canal.
(13) The proceeds from the surcharge on the sale of such
commemorative coins will assist in supporting the educational
programs of the San Francisco Museum and Historical Society and
the preservation of Theodore Roosevelt's home in Oyster Bay,
New York.
SEC. 3. 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 octagonal gold coins.--Not more than 50,000 $5
coins, which shall--
(A) be octagonal in shape;
(B) weigh 8.359 grams;
(C) have a distance between two opposing vertices
of 0.850 inches; and
(D) contain 90 percent gold and 10 percent alloy.
(2) $5 round gold coins.--Not more than 50,000 $5 coins,
which shall--
(A) be round in shape;
(B) weigh 8.359 grams;
(C) have a diameter of 0.850 inches; and
(D) contain 90 percent gold and 10 percent alloy.
(3) $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.
(4) Half dollar clad coins.--Not more than 500,000 half
dollar coins, which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins, contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be a close likeness of the two gold and one half
dollar coins issued by the San Francisco Mint at the opening of
the Pan-Pacific Exposition and the medal awarded to every
United States citizen who worked for a continuous 2-year period
on the construction of the Panama Canal.
(2) Specific design requirements.--
(A) $5 gold coins.--The $5 octagonal gold coins
minted under this Act and the $5 round gold coins
minted under this Act shall be a close likeness of the
octagonal Panama-Pacific Exposition $50 gold coin and
the round Panama-Pacific Exposition $50 gold coin,
respectively. Such coins--
(i) shall have an obverse depicting the
head of the goddess Minerva, with a Corinthian-
style helmet, enclosed in a ring of beads;
(ii) with a reverse--
(I) depicting an owl perched on a
pine bough complete with four pine
cones and multiple sprigs of pine
needles surrounded by the same ring of
beads depicted on the obverse; and
(II) depicting, outside this ring,
the inscriptions ``PANAMA-PACIFIC
EXPOSITION'' and ``SAN FRANCISCO'' in a
single line of text circling the entire
rim, with the words separated by dots;
and
(iii) with respect to the octagonal coin,
such coin shall also have an obverse and
reverse that depicts, in the eight angles of
the vertices, eight stylized dolphins that form
an outer circle.
(B) $1 silver coins.--The $1 silver coins minted
under this Act shall be designed--
(i) to be a close likeness, in the form of
a coin, of the Roosevelt Medal--
(I) awarded to every United States
citizen who worked for a continuous 2-
year period on the construction of the
Panama Canal;
(II) issued as a result of an
Executive order dated June 23, 1907, by
President Theodore Roosevelt;
(III) designed by artist F.D.
Millet; and
(IV) struck by the United States
Mint in Philadelphia;
(ii) with an obverse depicting the image of
President Theodore Roosevelt; and
(iii) with a reverse--
(I) depicting the Culebra Cut, a 9-
mile, 272-foot-deep excavation through
the Cordillera Mountains;
(II) displaying the Canal Zone
motto ``THE LAND DIVIDED, THE WORLD
UNITED'' inscribed on the horizon; and
(III) displaying the legend
``PRESENTED BY THE PRESIDENT OF THE
UNITED STATES'' around the border,
except that the Secretary may, after
consultation with the Commission of
Fine Arts and review by the Citizens
Coinage Advisory Committee, choose to
omit such legend.
(C) Half dollar clad coins.--The half dollar clad
coins minted under this Act shall be designed--
(i) to be a close likeness of the 1915
Panama Pacific Exposition half dollar coin;
(ii) with an obverse depicting Columbia
scattering flowers from a cornucopia held by a
small child towards a sunset on the Golden Gate
(prior to the construction of the now famous
bridge), which was designed by the Mint's then-
Chief Engraver, Charles Barber; and
(iii) with a reverse depicting an eagle
resting on the union shield with an oak branch
to its left, for stability and strength, and an
olive branch to its right, for peace, credited
to Barber's assistant George T. Morgan,
designer of the Morgan dollar.
(3) 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--
(i) depicted in Roman numerals (``MMXV''),
in the case of the $5 and half dollar coins;
and
(ii) ``2015'', in the case of the $1 coins;
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
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2015.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) Three-quarters of the surcharges to the San Francisco
Museum and Historical Society for the design and construction
of appropriate exhibitions in the San Francisco Museum and
Historical Society, including the necessary adaptive reuse of
the Old Mint, commemorating the Panama-Pacific International
Exposition, as well as the development of appropriate
exhibitions at the Palace of Fine Arts on the grounds of the
former Panama-Pacific International Exposition.
(2) One-fourth of the surcharges to the National Park
Foundation to be used for programs, construction, or
preservation work at President Theodore Roosevelt's home in
Oyster Bay, New York.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of each of the organizations referred to in subsection (b) as may
be related to the expenditures of amounts paid under such subsection.
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
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Panama-Pacific International Exposition and Panama Canal Commemorative Coins Act - Directs the Secretary of the Treasury to mint and issue, in commemoration of the centennial of the Panama-Pacific International Exposition and the Panama Canal: (1) $5 octagonal gold coins, (2) $5 round gold coins, (3) $1 silver coins, and (4) half-dollar clad coins.
Requires the design of such coins to be a close likeness of the two gold and one half-dollar coins issued by the San Francisco Mint at the opening of the Pan-Pacific Exposition and the medal awarded to every U.S. citizen who worked for a continuous two-year period on the construction of the Panama Canal.
Restricts the issuance of such coins to the one-year period beginning on January 1, 2015.
Prescribes the sale price of the coins and coin surcharges. Requires such surcharges to be distributed to: (1) the San Francisco Museum and Historical Society for the design and construction of appropriate exhibitions in the San Francisco Museum and Historical Society; and (2) the National Park Foundation to be used for programs, construction, or preservation work at President Theodore Roosevelt's home in Oyster Bay, New York.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notification of Risk to Personal
Data Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Agency.--The term ``agency'' has the same meaning given
such term in section 551(1) of title 5, United States Code.
(2) Breach of security of the system.--The term ``breach of
security of the system''--
(A) means the compromise of the security,
confidentiality, or integrity of data that results in,
or there is a reasonable basis to conclude has resulted
in, the unauthorized acquisition of personal
information maintained by the person or business; and
(B) does not include good faith acquisition of
personal information by an employee or agent of the
person or business for the purposes of the person or
business, if the personal information is not used or
subject to further unauthorized disclosure.
(3) Person.--The term ``person'' has the same meaning given
such term in section 551(2) of title 5, United States Code.
(4) Personal information.--The term ``personal
information'' means an individual's last name in combination
with any 1 or more of the following data elements:
(A) Social security number.
(B) Driver's license number or State identification
number.
(C) Account number or credit or debit card number,
or, if a security code, access code, or password is
required for access to an individual's account, the
account number or credit or debit card number, in
combination with the required code or password.
(5) Substitute notice.--The term ``substitute notice''
means--
(A) conspicuous posting of the notice on the
Internet site of the agency or person, if the agency or
person maintains a public Internet site; and
(B) notification to major print and broadcast
media, including major media in metropolitan and rural
areas where the individual whose personal information
was, or is reasonably believed to have been, acquired
resides. The notice to media shall include a toll-free
phone number where an individual can learn whether or
not that individual's personal data is included in the
security breach.
SEC. 3. DATABASE SECURITY.
(a) Disclosure of Security Breach.--
(1) In general.--Any agency, or person engaged in
interstate commerce, that owns, licenses, or collects data,
whether or not held in electronic form, containing personal
information shall, following the discovery of a breach of
security of the system maintained by the agency or person that
contains such data, or upon receipt of notice under paragraph
(2), notify any individual of the United States whose personal
information was, or is reasonably believed to have been,
acquired by an unauthorized person.
(2) Notification of owner or licensee.--Any agency, or
person engaged in interstate commerce, in possession of data,
whether or not held in electronic form, containing personal
information that the agency does not own or license shall
notify the owner or licensee of the information if the personal
information was, or is reasonably believed to have been,
acquired by an unauthorized person through a breach of security
of the system containing such data.
(3) Timeliness of notification.--
(A) In general.--All notifications required under
paragraph (1) or (2) shall be made without unreasonable
delay following--
(i) the discovery by the agency or person
of a breach of security of the system;
(ii) any measures necessary to determine
the scope of the breach, prevent further
disclosures, and restore the reasonable
integrity of the data system; and
(iii) receipt of written notice that a law
enforcement agency has determined that the
notification will no longer seriously impede
its investigation, where notification is
delayed as provided in paragraph (4).
(B) Burden of proof.--The agency or person required
to provide notification under this subsection shall
have the burden of demonstrating that all notifications
were made as required under this paragraph, including
evidence demonstrating the necessity of any delay.
(4) Delay of notification authorized for law enforcement
purposes.--If a law enforcement agency determines that the
notification required under this subsection would seriously
impede a criminal investigation, such notification may be
delayed upon the written request of the law enforcement agency.
(5) Exception for national security and law enforcement.--
(A) In general.--This subsection shall not apply to
an agency if the head of the agency certifies, in
writing, that notification of the breach as required by
this subsection reasonably could be expected to--
(i) cause damage to the national security;
and
(ii) hinder a law enforcement investigation
or the ability of the agency to conduct law
enforcement investigations.
(B) Limits on certifications.--The head of an
agency may not execute a certification under
subparagraph (A) to--
(i) conceal violations of law,
inefficiency, or administrative error;
(ii) prevent embarrassment to a person,
organization, or agency; or
(iii) restrain competition.
(C) Notice.--In every case in which a head of an
agency issues a certification under subparagraph (A), a
copy of the certification, accompanied by a concise
description of the factual basis for the certification,
shall be immediately provided to the Congress.
(6) Methods of notice.--An agency, or person engaged in
interstate commerce, shall be in compliance with this
subsection if it provides the individual, with--
(A) written notification;
(B) e-mail notice, if the individual has consented
to receive such notice and the notice is consistent
with the provisions permitting electronic transmission
of notices under section 101 of the Electronic
Signatures in Global and National Commerce Act (15
U.S.C. 7001); or
(C) substitute notice, if--
(i) the agency or person demonstrates that
the cost of providing direct notice would
exceed $500,000;
(ii) the number of individuals to be
notified exceeds 500,000; or
(iii) the agency or person does not have
sufficient contact information for those to be
notified.
(7) Content of notification.--Regardless of the method by
which notice is provided to individuals under paragraphs (1)
and (2), such notice shall include--
(A) to the extent possible, a description of the
categories of information that was, or is reasonably
believed to have been, acquired by an unauthorized
person, including social security numbers, driver's
license or State identification numbers and financial
data;
(B) a toll-free number--
(i) that the individual may use to contact
the agency or person, or the agent of the
agency or person; and
(ii) from which the individual may learn--
(I) what types of information the
agency or person maintained about that
individual or about individuals in
general; and
(II) whether or not the agency or
person maintained information about
that individual; and
(C) the toll-free contact telephone numbers and
addresses for the major credit reporting agencies.
(8) Coordination of notification with credit reporting
agencies.--If an agency or person is required to provide
notification to more than 1,000 individuals under this
subsection, the agency or person shall also notify, without
unreasonable delay, all consumer reporting agencies that
compile and maintain files on consumers on a nationwide basis
(as defined in section 603(p) of the Fair Credit Reporting Act
(15 U.S.C. 1681a(p)) of the timing and distribution of the
notices.
(b) Civil Remedies.--
(1) Penalties.--Any agency, or person engaged in interstate
commerce, that violates subsection (a) shall be subject to a
fine of--
(A) not more than $1,000 per individual whose
personal information was, or is reasonably believed to
have been, acquired by an unauthorized person; or
(B) not more than $50,000 per day while the failure
to give notice under subsection (a) persists.
(2) Equitable relief.--Any agency or person that violates,
proposes to violate, or has violated this section may be
enjoined from further violations by a court of competent
jurisdiction.
(3) Other rights and remedies.--The rights and remedies
available under this subsection are cumulative and shall not
affect any other rights and remedies available under law.
(c) Enforcement.--The Federal Trade Commission or other appropriate
regulator, is authorized to enforce compliance with this section,
including the assessment of fines under subsection (b)(1).
(d) Fraud Alert.--Section 605A(b)(1) of the Fair Credit Reporting
Act (15 U.S.C. 1681c-1(b)(1)) is amended by inserting ``, or evidence
that the consumer has received notice that the consumer's personal
financial information has or may have been compromised,'' after
``identity theft report''.
SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a
practice that is prohibited under this Act, the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in a district court of the United States
of appropriate jurisdiction or any other court of competent
jurisdiction, including a State court, to--
(A) enjoin that practice;
(B) enforce compliance with this Act;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Attorney General of the
United States--
(i) written notice of the action; and
(ii) a copy of the complaint for the
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general of a State under this
subsection, if the State attorney general
determines that it is not feasible to provide
the notice described in such subparagraph
before the filing of the action.
(ii) Notification.--In an action described
in clause (i), the attorney general of a State
shall provide notice and a copy of the
complaint to the Attorney General at the time
the State attorney general files the action.
(b) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall be construed to prevent an
attorney general of a State from exercising the powers conferred on
such attorney general by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(c) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in--
(A) the district court of the United States that
meets applicable requirements relating to venue under
section 1391 of title 28, United States Code; or
(B) another court of competent jurisdiction.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 5. EFFECT ON STATE LAW.
The provisions of this Act shall supersede any inconsistent
provisions of law of any State or unit of local government with respect
to the conduct required by the specific provisions of this Act.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the expiration of the date which is 6
months after the date of enactment of this Act.
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Notification of Risk to Personal Data Act - Requires any Federal agency or person that owns, licenses, or collects personal information data following the discovery of a breach its personal data security system, or upon receiving notice of a system breach, to notify (as specified) the individual whose information was obtained by an unauthorized person. Requires any agency or person possessing, but not owning or licensing such data, to notify the information owner or licensee of an unauthorized acquisition. Excepts agencies from notification requirements for national security and law enforcement purposes and requires Congress to be immediately notified when such exceptions are made. Sets forth enforcement provisions.
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Summarize the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Connecticut River Partnership
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the upper Connecticut River watershed in the States of
New Hampshire and Vermont is a scenic region of historic
villages located in a working landscape of farms, forests, and
the mountainous headwaters and broad fertile floodplains of New
England's longest river, the Connecticut River;
(2) the River provides outstanding fish and wildlife
habitat, recreation, and hydropower generation for the New
England region;
(3) the upper 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 commitment to stewardship of the River
by the citizens living in the watershed led to the Presidential
designation of the River as 1 of 14 American Heritage Rivers on
July 30, 1998;
(5) the River is home to the bi-State Connecticut River
Scenic Byway, which was declared a National Scenic Byway by the
Department of Transportation in 2005 to foster heritage tourism
in the region;
(6) each of the legislatures of the States of Vermont and
New Hampshire has established a commission for the Connecticut
River watershed, and the 2 commissions, known collectively as
the ``Connecticut River Joint Commissions''--
(A) have worked together since 1989; and
(B) serve as the focal point and catalyst for
cooperation between Federal agencies, States,
communities, and citizens;
(7) in 1997, as directed by the legislatures, the
Connecticut River Joint Commissions, with the substantial
involvement of 5 bi-State local river subcommittees appointed
to represent riverfront towns, produced the 6 volume
Connecticut River Corridor Management Plan, to be used as a
blueprint in educating agencies, communities, and the public in
how to be good neighbors to a great river;
(8) in 2009, after 3 years of broad consultation, the
Connecticut River Joint Commissions have substantially expanded
and published updates via the Connecticut River Recreation
Management Plan and the Water Resources Management Plan to
guide public and private activities in the watershed;
(9) through a joint legislative resolution, the
legislatures of the States of Vermont and New Hampshire have
requested that Congress provide for continuation of cooperative
partnerships and that Federal agencies support the Connecticut
River Joint Commissions in carrying out the recommendations of
the Connecticut River Corridor Management Plan;
(10) this Act effectuates certain recommendations of the
Connecticut River Corridor Management Plan that are most
appropriately directed by the States through the Connecticut
River Joint Commissions, with assistance from the National Park
Service and the United States Fish and Wildlife Service; and
(11) where implementation of those recommendations 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 New Hampshire and Vermont (including
communities in those States), through the Connecticut River Joint
Commissions, technical and financial assistance for management of the
River.
SEC. 3. DEFINITIONS.
In this Act:
(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 New Hampshire; or
(B) the State of Vermont.
SEC. 4. CONNECTICUT RIVER GRANTS AND TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall establish a Connecticut River
Grants and Technical Assistance Program to provide grants and technical
assistance to State and local governments, nonprofit organizations, and
the private sector to carry out projects for the conservation,
restoration, and interpretation of historic, cultural, recreational,
and natural resources in the upper Connecticut River watershed.
(b) Criteria.--The Secretary, in consultation with the Connecticut
River Joint Commissions, shall develop criteria for determining the
eligibility of applicants for, and reviewing and prioritizing
applications for, grants or technical assistance under the program.
(c) Cost-Sharing.--
(1) Federal share.--The Federal share of the cost of
carrying out a grant project under subsection (a) shall not
exceed 75 percent.
(2) Non-federal share.--The non-Federal share of the cost
of a project may be provided in the form of an in-kind
contribution of services or materials.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$1,000,000 for each fiscal year.
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Upper Connecticut River Partnership Act - Directs the Secretary of the Interior to establish a Connecticut River Grants and Technical Assistance Program to provide grants and technical assistance to the governments of New Hampshire and Vermont, local governments, nonprofits, and the private sector to carry out projects for the conservation, restoration, and interpretation of historic and other resources in the upper Connecticut River watershed. Limits to a maximum of 75% the federal share of the cost of any project funded by a grant under this Act.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Relief
Opportunities for Students Act of 2001''.
SEC. 2. WAIVER AUTHORITY FOR RESPONSE TO NATIONAL EMERGENCY.
(a) Waivers and Modifications.--
(1) In general.--Notwithstanding any other provision of
law, unless enacted with specific reference to this section,
the Secretary of Education (referred to in this Act as the
`Secretary') may waive or modify any statutory or regulatory
provision applicable to the student financial aid programs
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) as the Secretary deems necessary in connection
with the national emergency to provide the waivers or
modifications authorized by paragraph (2).
(2) Actions authorized.--The Secretary is authorized to
waive or modify any provision described in paragraph (1) as may
be necessary to ensure that--
(A) borrowers of Federal student loans who are
affected individuals are not placed in a worse position
financially in relation to those loans because of their
status as affected individuals;
(B) administrative requirements placed on affected
individuals who are borrowers of Federal student loans
are minimized, to the extent possible without impairing
the integrity of the student loan programs, to ease the
burden on such borrowers and avoid inadvertent,
technical violations or defaults;
(C) the calculation of ``annual adjusted family
income'' and ``available income'', as used in the
determination of need for student financial assistance
under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for any such affected individual
(and the determination of such need for his or her
spouse and dependents, if applicable), may be modified
to mean the sums received in the first calendar year of
the award year for which such determination is made, in
order to reflect more accurately the financial
condition of such affected individual and his or her
family; and
(D) institutions of higher education, eligible
lenders, guaranty agencies, and other entities
participating in the student assistance programs under
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) that are located in, or whose operations
are directly affected by, areas that are declared
disaster areas by any Federal, State, or local official
in connection with the national emergency may be
granted temporary relief from requirements that are
rendered infeasible or unreasonable by the national
emergency, including due diligence requirements and
reporting deadlines.
(b) Notice of Waivers or Modifications.--
(1) In general.--Notwithstanding section 437 of the General
Education Provisions Act (20 U.S.C. 1232) and section 553 of
title 5, United States Code, the Secretary shall, by notice in
the Federal Register, publish the waivers or modifications of
statutory and regulatory provisions the Secretary deems
necessary to achieve the purposes of this section.
(2) Terms and conditions.--The notice under paragraph (1)
shall include the terms and conditions to be applied in lieu of
such statutory and regulatory provisions.
(3) Case-by-case basis.--The Secretary is not required to
exercise the waiver or modification authority under this
section on a case-by-case basis.
(c) Impact Report.--The Secretary shall, not later than 15 months
after first exercising any authority to issue a waiver or modification
under subsection (a), report to the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate on the impact of any
waivers or modifications issued pursuant to subsection (a) on affected
individuals and the programs under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.), and the basis for such determination,
and include in such report the Secretary's recommendations for changes
to the statutory or regulatory provisions that were the subject of such
waiver or modification.
(d) No Delay in Waivers and Modifications.--Sections 482(c) and 492
of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall
not apply to the waivers and modifications authorized or required by
this Act.
SEC. 3. TUITION REFUNDS OR CREDITS FOR MEMBERS OF ARMED FORCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) all institutions offering postsecondary education
should provide a full refund to students who are members of the
Armed Forces serving on active duty during the national
emergency, for that portion of a period of instruction such
student was unable to complete, or for which such individual
did not receive academic credit, because he or she was called
up for such service; and
(2) if affected individuals withdraw from a course of study
as a result of such service, such institutions should make
every effort to minimize deferral of enrollment or
reapplication requirements and should provide the greatest
flexibility possible with administrative deadlines related to
those applications.
(b) Definition of Full Refund.--For purposes of this section, a
full refund includes a refund of required tuition and fees, or a credit
in a comparable amount against future tuition and fees.
SEC. 4. USE OF PROFESSIONAL JUDGMENT.
At the time of publishing any waivers or modifications pursuant to
section 2(b), the Secretary shall publish examples of measures which
institutions may take in the appropriate exercise of discretion under
section 479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) to
adjust financial need and aid eligibility determinations for affected
individuals.
SEC. 5. DEFINITIONS.
In this Act:
(1) Active duty.--The term `active duty' has the meaning
given such term in section 101(d)(1) of title 10, United States
Code, except that such term does not include active duty for
training or attendance at a service school.
(2) Affected individual.--The term `affected individual'
means an individual who--
(A) is serving on active duty during the national
emergency;
(B) resides or is employed in an area that is
declared a disaster area by any Federal, State, or
local official in connection with the national
emergency; or
(C) suffered direct economic hardship as a direct
result of the national emergency, as determined under a
waiver or modification issued under this Act.
(3) Federal student loan.--The term `Federal student loan'
means a loan made, insured, or guaranteed under part B, D, or E
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et
seq.).
(4) National emergency.--The term `national emergency'
means the national emergency by reason of certain terrorist
attacks declared by the President on September 14, 2001, or
subsequent national emergencies declared by the President by
reason of terrorist attacks.
(5) Serving on active duty during the national emergency.--
The term `serving on active duty during the national emergency'
shall include an individual who is--
(A) a Reserve of an Armed Force ordered to active
duty under section 12301(a), 12301(g), 12302, 12304, or
12306 of title 10, United States Code, or any retired
member of an Armed Force ordered to active duty under
section 688 of such title, for service in connection
with such emergency or subsequent actions or
conditions, regardless of the location at which such
active duty service is performed; and
(B) any other member of an Armed Force on active
duty in connection with such emergency or subsequent
actions or conditions who has been assigned to a duty
station at a location other than the location at which
such member is normally assigned.
SEC. 6. TERMINATION OF AUTHORITY.
The provisions of this Act shall cease to be effective on September
30, 2003.
Passed the House of Representatives October 23, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
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Higher Education Relief Opportunities for Students Act of 2001 - Authorizes the Secretary of Education to waive or modify certain requirements of student financial aid programs under title IV of the Higher Education Act of 1965 as the Secretary deems necessary in connection with the national emergency declared by the President with respect to the terrorist attacks of September 11, 2001, or any subsequent national emergency declared by reason of terrorist attacks (the emergency).Authorizes such waivers or modifications in order to provide relief from certain financial and administrative burdens to affected individuals who: (1) are serving on active duty during the emergency; (2) reside or are employed in a disaster area declared by any Federal, State, or local official in connection with the emergency; or (3) suffered direct economic hardship as a direct result of the emergency, as determined under a waiver or modification issued under this Act. Authorizes waiver or modification of certain reporting requirements for institutions of higher education, lenders, guarantee agencies, and other entities participating in such programs, if such entities are located in such declared disaster areas connected to the emergency.Expresses the sense of Congress that: (1) all institutions offering postsecondary education should provide a full refund to students who are members of the Armed Forces serving on active duty during the national emergency, for that portion of a period of instruction such student was unable to complete, or for which such individual did not receive academic credit, because he or she was called up for such service; and (2) if affected individuals withdraw from a course of study as a result of such service, such institutions should make every effort to minimize deferral of enrollment or reapplication requirements and should provide the greatest flexibility possible with administrative deadlines related to those applications.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Education Development
Initiative for the 21st Century Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide rural school students in the
United States with increased learning opportunities.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) While there are rural education initiatives identified
at the State and local level, no Federal education policy
focuses on the specific needs of rural school districts and
schools, especially those that serve poor students.
(2) The National Center for Educational Statistics (NCES)
reports that while 46 percent of our Nation's public schools
serve rural areas, they only receive 22 percent of the Nation's
education funds annually.
(3) A critical problem for rural school districts involves
the hiring and retention of qualified administrators and
certified teachers (especially in Special Education, Science,
and Mathematics). Consequently, teachers in rural schools are
almost twice as likely to provide instruction in two or more
subjects than teachers in urban schools. Rural schools also
face other tough challenges, such as shrinking local tax bases,
high transportation costs, aging buildings, limited course
offerings, and limited resources.
(4) Data from the National Assessment of Educational
Progress (NAEP) consistently shows large gaps between the
achievement of students in high-poverty schools and those in
other schools. High-poverty schools will face special
challenges in preparing their students to reach high standards
of performance on State and national assessments.
SEC. 4. DEFINITIONS.
In this Act:
(1) Elementary school; local educational agency; secondary
school; state educational agency.--The terms ``elementary
school'', ``local educational agency'', ``secondary school'',
and ``State educational agency'' have the meanings given the
terms in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
(2) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency
that serves--
(A) a school age population 15 percent or more of
whom are from families with incomes below the poverty
line; and
(B)(i) a school locale code of 6, 7, 8; or
(ii) a school age population of 800 or fewer
students.
(3) Rural area.--The term ``rural area'' includes the area
defined by the Department of Education using school locale
codes 6, 7, and 8.
(4) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
(5) School locale code.--The term ``school locale code''
has the meaning as defined by the Department of Education.
(6) School age population.--The term ``school age
population'' means the number of students aged 5 through 17.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 5. PROGRAM AUTHORIZED.
(a) Reservation.--From amounts appropriated under section 9 for a
fiscal year the Secretary shall reserve 0.5 percent to make awards to
elementary or secondary schools operated or supported by the Bureau of
Indian Affairs to carry out the purpose of this Act.
(b) Grants to States.--
(1) In general.--From amounts appropriated under section 9
that are not reserved under subsection (a) for a fiscal year,
the Secretary shall award grants to State educational agencies
that have applications approved under section 7 to enable the
State educational agencies to award grants to eligible local
educational agencies for local authorized activities described
in subsection (c).
(2) Formula.--
(A) In general.--Each State educational agency
shall receive a grant under this section in an amount
that bears the same relation to the amount of funds
appropriated under section 9 that are not reserved
under subsection (a) for a fiscal year as the school
age population served by eligible local educational
agencies in the State bears to the school age
population served by eligible local educational
agencies in all States.
(B) Data.--In determining the school age population
under subparagraph (A) the Secretary shall use the most
recent data available from the Bureau of the Census.
(3) Direct awards to local educational agencies.--If a
State educational agency elects not to participate in the
program under this Act or does not have an application approved
under section 7, the Secretary may award, on a competitive
basis, the amount the State educational agency is eligible to
receive under paragraph (2) directly to eligible local
educational agencies in the State.
(4) Matching requirement.--Each eligible local educational
agency that receives a grant under this Act shall contribute
resources with respect to the local authorized activities to be
assisted, in cash or in kind, from non-Federal sources, in an
amount equal to the Federal funds awarded under the grant.
(c) Local Authorized Activities.--Grant funds awarded to local
educational agencies under this Act shall be used for--
(1) for local educational technology efforts as established
under section 6844 of title 20, United States Code;
(2) for professional development activities designed to
prepare those teachers teaching out of their primary subject
area;
(3) for academic enrichment programs established under
section 10204 of title 20 in United States Code;
(4) innovative academic enrichment programs related to the
educational needs of students at-risk of academic failure,
including remedial instruction in one or more of the core
subject areas of English, Mathematics, Science, and History; or
(5) activities to recruit and retain highly qualified
teachers in Special Education, Math, and Science.
(d) Relation to Other Federal Funding.--Funds received under this
Act by a State educational agency or an eligible local educational
agency shall not be taken into consideration in determining the
eligibility for, or amount of, any other Federal funding awarded to the
agency.
SEC. 6. STATE DISTRIBUTION OF FUNDS.
(a) Award Basis.--A State educational agency shall award grants to
eligible local educational agencies according to a formula or
competitive grant program developed by the State educational agency and
approved by the Secretary.
(b) First Year.--For the first year that a State educational agency
receives a grant under this Act, the State educational agency--
(1) shall use not less than 99 percent of the grant funds
to award grants to eligible local educational agencies in the
State; and
(2) may use not more than 1 percent for State activities
and administrative costs and technical assistance related to
the program.
(c) Succeeding Years.--For the second and each succeeding year that
a State educational agency receives a grant under this Act, the State
educational agency--
(1) shall use not less than 99.5 percent of the grant funds
to award grants to eligible local educational agencies in the
State; and
(2) may use not more than 0.5 percent of the grant funds
for State activities and administrative costs related to the
program.
SEC. 7. APPLICATIONS.
Each State educational agency, or local educational agency eligible
for a grant under section 5(b)(3), that desires a grant under this Act
shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
require.
SEC. 8. REPORTS; ACCOUNTABILITY; STUDY.
(a) State Reports.--
(1) Contents.--Each State educational agency that receives
a grant under this Act shall provide an annual report to the
Secretary. The report shall describe--
(A) the method the State educational agency used to
award grants to eligible local educational agencies
under this Act;
(B) how eligible local educational agencies used
funds provided under this Act;
(C) how the State educational agency provided
technical assistance for an eligible local educational
agency that did not meet the goals and objectives
described in subsection (c)(3); and
(D) how the State educational agency took action
against an eligible local educational agency if the
local educational agency failed, for 2 consecutive
years, to meet the goals and objectives described in
subsection (c)(3).
(2) Availability.--The Secretary shall make the annual
State reports received under paragraph (1) available for
dissemination to Congress, interested parties (including
educators, parents, students, and advocacy and civil rights
organizations), and the public.
(b) Local Educational Agency Reports.--Each eligible local
educational agency that receives a grant under section 5(b)(3) shall
provide an annual report to the Secretary. The report shall describe
how the local educational agency used funds provided under this Act and
how the local educational agency coordinated funds received under this
Act with other Federal, State, and local funds.
(c) Report to Congress.--The Secretary shall prepare and submit to
Congress an annual report. The report shall describe--
(1) the methods the State educational agencies used to
award grants to eligible local educational agencies under this
Act;
(2) how eligible local educational agencies used funds
provided under this Act; and
(3) the progress made by State educational agencies and
eligible local educational agencies receiving assistance under
this Act in meeting specific, annual, measurable performance
goals and objectives established by such agencies for
activities assisted under this Act.
(d) Accountability.--The Secretary, at the end of the third year
that a State educational agency participates in the program assisted
under this Act, shall permit only those State educational agencies that
met their performance goals and objectives, for two consecutive years,
to continue to participate in the program.
(e) Study.--The Comptroller General of the United States shall
conduct a study regarding the impact of assistance provided under this
Act on student achievement. The Controller General shall report the
results of the study to Congress.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$300,000,000 for each of the fiscal years 2002 through 2005.
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Rural Education Development Initiative for the 21st Century Act - Directs the Secretary of Education to make: (1) formula grants to applicant State educational agencies to award subgrants to rural local educational agencies (LEAs) serving certain percentages of children from poor families, for elementary and secondary education development activities; and (2) direct competitive grants for such activities to specially qualified LEAs in nonparticipating States.Requires LEAs or their schools to use such funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs or other education programs.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Consumers' Access to
Credit Act of 2017''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the contractual doctrine of valid when made which, as
applied to lending agreements, provides that a loan that is
valid at inception cannot become usurious upon subsequent sale
or transfer to another person;
(2) this important and longstanding principle derives from
the common law and its application has been a cornerstone of
United States banking law for nearly 200 years, as provided in
the case Nichols v. Fearson, 32 U.S. (7 Pet.) 103, 106 (1833),
where the Supreme Court famously declared: ``Yet the rule of
law is everywhere acknowledged, that a contract free from usury
in its inception, shall not be invalidated by any subsequent
usurious transactions upon it.'';
(3) in 2016, the Solicitor General, in consultation with
all Federal banking regulators, filed an amicus brief in the
case of Midland Funding, LLC v. Madden, 136 S. Ct. 2505 (2016)
(mem.), denying cert. to 786 F.3d 246 (2d Cir. 2015), that
described the United States Court of Appeals for the Second
Circuit in that case ``incorrect'' with an ``analysis
reflect[ing] a misunderstanding'' of section 85 of the National
Bank Act and Supreme Court precedent, because it contradicted
the contractual doctrine of valid when made;
(4) the valid-when-made doctrine, by bringing certainty to
the legal treatment of all valid loans that are transferred,
greatly enhances liquidity in the credit markets by widening
the potential pool of loan buyers and reducing the cost of
credit to borrowers at the time of origination;
(5) a joint academic study from professors at Stanford,
Fordham, and Columbia universities concluded that the Madden v.
Midland decision has already disproportionately affected low-
and moderate-income individuals in the United States with lower
FICO scores; and
(6) if the valid-when-made doctrine is not reaffirmed soon
by Congress, the lack of access to safe and affordable
financial services will force households in the United States
with the fewest resources to seek financial products that are
nontransparent, fail to inform consumers about the terms of
credit available, and do not comply with State and Federal laws
(including regulations).
SEC. 3. RATE OF INTEREST AFTER TRANSFER OF LOAN.
(a) Amendment to the Revised Statutes.--Section 5197 of the Revised
Statutes (12 U.S.C. 85) is amended by adding at the end the following:
``A loan that is valid when made as to its maximum rate of interest in
accordance with this section shall remain valid with respect to such
rate regardless of whether the loan is subsequently sold, assigned, or
otherwise transferred to a third party, and may be enforced by such
third party notwithstanding any State law to the contrary.''.
(b) Amendment to the Home Owners' Loan Act.--Section 4(g) of the
Home Owners' Loan Act (12 U.S.C. 1463(g)) is amended by adding at the
end the following:
``(3) A loan that is valid when made as to its maximum rate of
interest in accordance with this subsection shall remain valid with
respect to such rate regardless of whether the loan is subsequently
sold, assigned, or otherwise transferred to a third party, and may be
enforced by such third party notwithstanding any State law to the
contrary.''.
(c) Amendment to the Federal Credit Union Act.--Section 205(g) of
the Federal Credit Union Act (12 U.S.C. 1785(g)) is amended by adding
at the end the following:
``(3) A loan that is valid when made as to its maximum rate of
interest in accordance with this subsection shall remain valid with
respect to such rate regardless of whether the loan is subsequently
sold, assigned, or otherwise transferred to a third party, and may be
enforced by such third party notwithstanding any State law to the
contrary.''.
(d) Amendment to the Federal Deposit Insurance Act.--Section 27 of
the Federal Deposit Insurance Act (12 U.S.C. 1831d) is amended by
adding at the end the following:
``(c) A loan that is valid when made as to its maximum rate of
interest in accordance with this section shall remain valid with
respect to such rate regardless of whether the loan is subsequently
sold, assigned, or otherwise transferred to a third party, and may be
enforced by such third party notwithstanding any State law to the
contrary.''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act may be construed as limiting the authority or
jurisdiction of the Office of the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, the Board of Governors of the
Federal Reserve System, the Bureau of Consumer Financial Protection, or
the National Credit Union Administration.
Passed the House of Representatives February 14, 2018.
Attest:
KAREN L. HAAS,
Clerk.
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. Protecting Consumers' Access to Credit Act of 2017 (Sec. 3) This bill amends the Revised Statutes, the Home Owners' Loan Act, the Federal Credit Union Act, and the Federal Deposit Insurance Act to state that bank loans that are valid when made as to their maximum rate of interest in accordance with federal law shall remain valid with respect to that rate regardless of whether a bank has subsequently sold or assigned the loan to a third party.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthcare Privacy and Anti-Fraud
Act''.
SEC. 2. TRAINING, BACKGROUND CHECKS, AND NONDISCLOSURE FOR PATIENT
NAVIGATORS.
(a) In General.--Section 1311(i) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031(i)) is amended by adding at the
end the following:
``(7) Security and nondisclosure.--
``(A) Guidance by secretary.--Not later than 90
days after the date of enactment of this paragraph, the
Secretary shall issue guidance on the implementation of
this paragraph in order to protect the privacy of
individually identifiable information submitted to, or
accessed by, navigators under this subsection.
``(B) Background checks.--
``(i) In general.--An entity that receives
a grant under this subsection shall ensure that
universal background checks are conducted on
all employees of the entity prior to such
employees providing navigator services to
individuals, or prior to such employees having
access to individually identifiable information
as a result of providing such services. Such
background checks shall, at minimum, include a
criminal background check, fingerprinting, and
credit report.
``(ii) Limitation.--An individual who has
been found guilty of a felony, or guilty of a
misdemeanor involving deceit or dishonestly
(including identity theft, fraud, or perjury),
under Federal or State law shall not be
employed by an entity described in clause (i).
``(C) Oath.--
``(i) In general.--Prior to commencing
employment with an entity that receives a grant
under this subsection, an individual described
in clause (ii) shall have sworn or taken an
oath that he or she will not disclose any
individually identifiable information obtained
in the course of their employment (except
information relevant to the commission of a
felony when provided to an appropriate law
enforcement authority).
``(ii) Individual described.--An individual
is described in this clause if such individual
is being employed by an entity described in
clause (i) as a navigator, a non-navigator
assistant, or as an employee with access to
individually identifiable information.
``(D) Educational, training, and licensure
requirements.--Prior to conducting navigation services
for an entity under this subsection, an individual
shall meet educational and licensure requirements that
are identical or comparable to those currently
applicable to health insurance agents and brokers
within the State in which they seek to provide
navigation services, including the completion of at
least 30 hours of training (including training on
privacy rights under this Act and other relevant
Federal laws).
``(E) Liability.--Not later than 90 days after the
date of the enactment of this paragraph, the
Secretary--
``(i) shall issue guidance concerning how
liability and penalties will be applied by the
Secretary in instances of failure to comply
with requirements of this paragraph, including
where consumer outreach and enrollment
assistance causes harm to an individual as a
result of misuse or negligence in protection
and privacy of individually identifiable
information;
``(ii) shall determine whether such
liability lies with the navigator or non-
navigator assistance personnel involved or
whether liability lies with the entity that
received the grant under this subsection; and
``(iii) shall determine whether the
individuals or entities identified under clause
(ii) are required to obtain professional
liability coverage.
``(F) Penalties.--
``(i) In general.--Whoever having sworn or
taken the oath described under subparagraph
(C), publishes or communicates any individually
identifiable information which comes into his
or her possession by reason of his or her being
employed (or otherwise providing services)
under this subsection, shall be fined not more
than $5,000 or imprisoned not more than 5
years, or both.
``(ii) Misrepresentation.--Any person who
knowingly and falsely represents that such
person is, or holds himself or herself out as,
a navigator under this subsection shall be
fined not more than $5,000 or imprisoned not
more than 5 years, or both.
``(iii) Enhanced penalty for sale or
transfer.--A person who commits the offense
described under clause (i) with the intent to
sell, transfer, or use individually
identifiable information for commercial
advantage, personal gain, or malicious harm
shall be fined not more than $250,000,
imprisoned for not more than 10 years, or both.
``(G) Greater protections.--Nothing in
subparagraphs (A), (B), (C) or (D) shall be construed
to prohibit States from imposing additional standards
and protections to protect consumer information.
``(8) List of navigators.--Not later than 90 days after the
date of enactment of this paragraph, and annually thereafter,
the Secretary shall make available a list of entities providing
navigator services in accordance with this subsection and a
list of entities that have been determined to be ineligible to
provide such services or who have been convicted of a violation
under paragraph (7).''.
(b) Limitation on Liability.--Section 5000A(e) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(6) Reliance on navigator advice.--Any applicable
individual who for any month failed to obtain minimum essential
coverage as a result of the good faith reliance on the advice
of a patient navigator, counselor, or other employee of an
entity receiving a grant under section 1311(i) of the Patient
Protection and Affordable Care Act (or a person purporting to
be such a navigator, counselor, or other employee).''.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
grants made before, on, or after the date of the enactment of this Act.
The Secretary of Health and Human Services shall provide for the prompt
modification of such grants made before the date of the enactment of
this Act in order to comply with the requirement imposed by such
amendment.
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Healthcare Privacy and Anti-Fraud Act - Amends the Patient Protection and Affordable Care Act to require the Secretary of Health and Human Services (HHS) to issue guidance (including concerning liability) to protect the privacy of individually identifiable information submitted to, or accessed by, health care exchange navigators. Requires entities receiving grants under the navigator program to ensure that their employees undergo background checks, take an oath not to disclose individually identifiable information, and meet educational and licensure requirements comparable to those applicable to health insurance agents and brokers in the state. Imposes criminal penalties for disclosure of individually identifiable information and misrepresentation as a navigator. Directs the Secretary to annually make available a list of entities providing navigator services and a list of those determined to be ineligible or convicted of offenses described in this Act. Amends the Internal Revenue Code to exempt individuals from the penalty for not maintaining minimum essential coverage for any month if the failure resulted from advice of a navigator or a person purporting to provide such services.
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Create a condensed overview of the following text: SECTION 1. HUMAN TISSUE.
(a) In General.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(hh)(1) The term `human tissue' means a collection of similar
human cells which--
``(A) is intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of a disease or condition
in a human or for reproduction;
``(B) achieves its primary intended purpose through repair
or replacement of bodily tissue by structural support or
cellular function;
``(C) may have been propagated or otherwise processed
before use;
``(D) may be combined with substances that are safe under
conditions of intended use and not intended to provide a
therapeutic effect; and
``(E) includes reproductive tissue, demineralized bone,
heart valves, dura mater, and manipulated autologous cells.
``(2) The term `human tissue' does not include vascularized human
organs, gene therapy, blood, soluble blood components, milk, or
products made by combining human tissue with biomaterials.
``(3) Human tissue is not a drug, biological product, or device
unless reclassified by the Secretary pursuant to section 352A of the
Public Health Service Act.''.
(b) Regulation of Human Tissue.--Subpart 1 of part F of title III
of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by
adding at the end the following section:
``regulation of human tissue
``Sec. 352A. (a) Subject to Regulation.--
``(1) In general.--Human tissue shall be subject to
regulation under this section only if the Secretary publishes a
finding in the Federal Register, after a hearing before the
Commissioner, that voluntary regulation under generally
accepted scientific standards is inadequate to protect the
public health with respect to any particular type of human
tissue or human tissue generally.
``(2) Exception.--Human tissue shall not be subject to
regulation as a drug, biological product, or device unless it
is reclassified under subsection (f).
``(b) Registration.--
``(1) In general.--Any person subject to regulation under
this section who recovers, processes, stores, or distributes
human tissue for transplantation or implantation in the United
States shall register in accordance with the registration
procedures established for drugs under section 510 of the
Federal Food, Drug, and Cosmetic Act. Such registration shall
contain the name of the person, the location of its facilities,
a list of the types of human tissue recovered, processed,
stored, or distributed by such person, and a brief description
of the basic method or methods of processing of such tissue.
``(2) Authorized activities.--A person registered in
accordance with paragraph (1) shall be deemed to be authorized
to conduct human tissue recovery, processing, storage, and
distribution activities as identified in the applicable
registration unless--
``(A)(i) the Secretary determines, upon inspection,
that such person fails to meet applicable operating
standards under subsection (c);
``(ii) the Secretary notifies such person of a
determination under clause (i), advises the person of
the steps necessary to meet such standards, and
provides the person with a reasonable opportunity to
establish compliance with the standards;
``(iii) the Secretary determines, after an
opportunity for an informal hearing, that the person
has failed to establish compliance as provided for in
clause (ii) within the applicable period and such
failure constitutes a threat to the public health; and
``(iv) the Secretary suspends or revokes the
authority to conduct such activities;
``(B) the Secretary determines, after an
opportunity for an informal hearing, that such person
has failed to comply with any patient registry or other
retrospective patient data requirement, and the
Secretary suspends or revokes the authority to conduct
such activities; or
``(C) the Secretary determines that such person
presents an immediate or substantial danger to the
public health, and the Secretary suspends or revokes
the authority to conduct such activities, in which case
an informal hearing shall be conducted within 5
business days of the date of such suspension or
revocation.
``(c) Operating Standards.--The Secretary may establish, after
notice and opportunity for comment, operating standards for human
tissue that shall be limited to the following general requirements for
the recovery, processing, storage, and shipment of human tissue:
``(1) Requirements for infection control designed to
prevent transmission of disease.
``(2) Requirements for processing practices that assure the
safety of, and prevent damage to, human tissue.
``(3) Requirements for labeling and recordkeeping to
identify the type of tissue and any added foreign substance and
to permit tracing.
``(d) Labeling and Advertising.--Statements made in labeling,
advertising or promotional materials regarding clinical benefit with
respect to human tissue shall consist only of accurate and balanced
representations that are consistent with sound scientific information,
including current data from a registry required or established under
subsection (e), if available.
``(e) Registry.--A person registered under subsection (b) may be
required by the Secretary to maintain a patient registry or meet other
retrospective patient data requirements if, after notice and an
opportunity for comment, the Secretary determines that such tissue has
been commercially available within the United States for a period of
less than 5 years and that such data requirement is necessary to
protect the public health.
``(f) Reclassifications.--
``(1) Human tissue.--The Secretary may reclassify a
particular type of human tissue as a drug, biological product
or device if, after notice and an opportunity for comment, the
Secretary determines that--
``(A) with respect to the particular type of human
tissue--
``(i) the tissue is subject to a patient
registry or other retrospective data
requirement under which the collection of
information has been required for at least 5
years (or such other time period as agreed to
by the Secretary and the registered person);
and
``(ii) the information received from such
patient registry or other retrospective data
requirement is insufficient to confirm the
safety and clinical benefit from the use of
such tissue; or
``(B) a particular type of human tissue should be
reclassified because it presents an imminent hazard to
public health.
``(2) Upon secretarial action.--The Secretary may
reclassify a human drug, biological product or medical device
as human tissue if the Secretary determines, after notice and
an opportunity for comment, that such previous classification
is not necessary to protect public health.
``(3) Upon petition.--The Secretary may reclassify a drug,
biological product, medical device, or human tissue upon the
petition of the sponsor of such drug, biological product or
device, or the registered person for such human tissue, if,
after notice and an opportunity to comment, the Secretary finds
that such reclassification is consistent with the protection of
public health.
``(g) Enforcement.--
``(1) In general.--If the Secretary determines that any
person has violated any provision of this section or any
regulations promulgated under this section, and the Secretary
determines that the violation constitutes a significant risk to
the public health, the Secretary may issue an order that such
person cease distribution of human tissue, or that human tissue
recovered, processed, stored or distributed by such person be
retained, recalled, or destroyed. After receipt of such an
order, the person in possession of the human tissue shall not
distribute or dispose of the human tissue in any manner
inconsistent with the provisions of the order.
``(2) Hearing.--A person subject to the order under
paragraph (1) may obtain an informal hearing regarding the
order if the person requests such a hearing not later than 5
days after receiving the order. If the person does make such a
request within such period, the Secretary shall conduct the
hearing within 30 days after receiving the request and shall issue an
order not later than 15 days after the hearing is conducted. Such order
shall be considered a final order of the Secretary.
``(h) Inspection.--Each person registered under subsection (b)
shall be subject to inspection under section 704 of the Federal Food,
Drug, and Cosmetic Act. The Secretary may, with the concurrence of the
registered person, authorize an inspection to be conducted by any
person specifically accredited by the Secretary to conduct such
inspection under section 712 of such Act.
``(i) Cord Blood.--
``(1) In general.--This section (including provisions
regarding reclassification) shall apply with respect to cord
blood to the same extent and in the same manner as this section
applies with respect to human tissue.
``(2) Implementation.--The Secretary shall implement this
section with respect to cord blood under regulations
promulgated after notice and opportunity to comment.
``(j) Eyes.--The Secretary shall not regulate eyes until such time
as the Secretary makes a finding under this section that voluntary
regulation under generally accepted standards is inadequate to protect
the public health.''.
(c) Transition.--The requirements of the interim regulation,
promulgated by the Secretary of Health and Human Services on December
11, 1993, shall remain in effect until amended or withdrawn by the
Secretary. Any modifications to such regulations after the date of the
enactment of this Act are subject to this Act and the amendments made
by this Act.
(d) Effective Date.--The amendment made by subsection (c) shall
take effect on June 30, 1997.
(e) Conforming Amendments.--
(1) Adulteration provision.--Section 501 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended--
(A) in the first sentence by striking ``drug or
device'' and inserting ``drug, device or human
tissue''; and
(B) by adding at the end thereof the following:
``(j) if it is human tissue and it is recovered, processed, stored,
or distributed by--
``(1) a registered person under section 352A of the Public
Health Service Act whose failure to comply with standards
constitutes a threat to public health; or
``(2) a person who is required under such section to
register but has failed to do so.''.
(2) Misbranding provisions.--Section 502 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended:
(A) in the section heading, but striking
``MISBRANDED DRUGS AND DEVICES'' and inserting the
following: ``MISBRANDED DRUGS, DEVICES, AND HUMAN
TISSUE''; and
(B) in the first sentence, by striking ``drug or
device'' and inserting ``drug, device or human
tissue''.
(3) Prohibited acts.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at
the end thereof the following:
``(v) The adulteration or misbranding of any human tissue.''.
(4) Seizure.--Section 304 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 334) is amended--
(A) in subsection (a)(2)(D), by inserting ``or
human tissue'' after ``device''; and
(B) in the first sentence of subsection (d)(1), by
striking ``or cosmetic'' and inserting ``cosmetic, or
human tissue''.
(5) Inspection.--Section 704(a)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 374(a)(1)) is amended--
(A) in the first sentence, by inserting ``human
tissue,'' after ``device,'' each place such appears;
and
(B) in the second sentence, by inserting ``human
tissue,'' after ``drugs,'' each place such appears.
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Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to establish a specific definition for "human tissue" which expressly excludes vascularized human organs, gene therapy, blood, soluble blood components, milk, or products made by combining human tissue with biomaterials. Declares that human tissue is not a drug, biological product, or device unless reclassified under this Act.
Amends the Public Health Service Act (PHSA) to subject human tissue to regulation under such Act only if voluntary regulation is inadequate, or if it is reclassified as a drug, biological product, or device pursuant to specified guidelines established by this Act.
Requires any person subject to such regulation who recovers, processes, stores, or distributes human tissue for transplantation or implantation in the United States to register in accordance with FFDCA drug registration procedures. Deems registrants to be authorized to conduct human tissue recovery, processing, storage, and distribution activities identified as applicable on the registration, unless, among other things, the Secretary of Health and Human Services suspends or revokes such authority after determining that the registrant fails to meet operating standards established by the Secretary.
Prescribes certain human tissue labeling and advertising requirements.
Authorizes the Secretary to reclassify human tissue as a drug, biological product, or device in specified circumstances.
Outlines the mechanism for enforcement of this Act in the event that any violations of it constitute a significant risk to the public health.
Subjects registrants to inspections under the Act.
Applies the PHSA to umbilical cord blood to the same extent as it applies to human tissue.
Prohibits the Secretary from regulating eyes until voluntary regulation is inadequate to protect the public health.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Heater Rating Improvement Act
of 2009''.
SEC. 2. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER HEATERS.
Section 325(e) of the Energy Policy and Conservation Act (42 U.S.C.
6295(e)) is amended by adding at the end the following:
``(5) Uniform efficiency descriptor for covered water
heaters.--
``(A) Definitions.--In this paragraph:
``(i) Covered water heater.--The term
`covered water heater' means--
``(I) a water heater; and
``(II) a storage water heater,
instantaneous water heater, and unfired
water storage tank (as defined in
section 340).
``(ii) Final rule.--The term `final rule'
means the final rule published under this
paragraph.
``(B) Publication of final rule.--Except as
otherwise provided in this paragraph, the Secretary
shall publish a final rule that establishes a uniform
efficiency descriptor and accompanying test methods for
covered water heaters--
``(i) if the date of enactment of this
paragraph is on or before March 31, 2010, not
later than 270 days after that date; or
``(ii) if the date of enactment of this
paragraph is after March 31, 2010, not later
than 180 days after that date.
``(C) Purpose.--The purpose of the final rule shall
be to replace with a uniform efficiency descriptor--
``(i) the energy factor descriptor for
water heaters established under this
subsection; and
``(ii) the thermal efficiency and standby
loss descriptors for storage water heaters,
instantaneous water heaters, and unfired water
storage tanks established under section
342(a)(5).
``(D) Effect of final rule.--
``(i) In general.--Notwithstanding any
other provision of this title, effective
beginning on the effective date of the final
rule, the efficiency standard for covered water
heaters shall be the efficiency descriptor
established by the final rule.
``(ii) Effective date.--The final rule
shall take effect 1 year after the date of
publication of the final rule under
subparagraph (B).
``(E) Conversion factor.--
``(i) In general.--The Secretary shall
develop a mathematical conversion factor for
converting the measurement of efficiency for
covered water heaters from the test procedures
in effect on the date of enactment of this
paragraph to the new energy descriptor
established under the final rule.
``(ii) Application.--The conversion factor
shall apply to models of covered water heaters
affected by the final rule and tested prior to
the effective date of the final rule.
``(iii) Effect on efficiency
requirements.--The conversion factor shall not
affect the minimum efficiency requirements for
covered water heaters otherwise established
under this title.
``(iv) Use.--During the period described in
clause (v), a manufacturer may apply the
conversion factor established by the Secretary
to rerate existing models of covered water
heaters that are in existence prior to the
effective date of the rule described in clause
(v)(II) to comply with the new efficiency
descriptor.
``(v) Period.--Subclause (I) shall apply
during the period--
``(I) beginning on the date of
establishment of the conversion factor;
and
``(II) ending on the effective date
of the rule which is to be published by
the Secretary not later than March 31,
2010, with respect to covered water
heaters (as required by the consent
decree filed on November 6, 2006, in
the United Stated District Court for
the Southern District of New York in
consolidated civil actions by
plaintiffs against Samuel W. Bodman as
Secretary of Energy).
``(F) Exclusions.--The final rule may exclude a
specific category of covered water heaters from the
uniform efficiency descriptor established under this
paragraph if the Secretary determines that the category
of water heaters--
``(i) does not have a residential use and
can be clearly described in the final rule; and
``(ii) are effectively rated using the
thermal efficiency and standby loss descriptors
applied (as of the date of enactment of this
paragraph) to the category under section
342(a)(5).
``(G) Options.--The descriptor set by the final
rule may be--
``(i) a revised version of the energy
factor descriptor in use as of the date of
enactment of this paragraph;
``(ii) the thermal efficiency and standby
loss descriptors in use as of that date;
``(iii) a revised version of the thermal
efficiency and standby loss descriptors;
``(iv) a hybrid of descriptors; or
``(v) a new approach.
``(H) Application.--The efficiency descriptor and
accompanying test method established under the final
rule shall apply, to the maximum extent practicable, to
all water heating technologies in use as of the date of
enactment of this paragraph and to future water heating
technologies.
``(I) Participation.--The Secretary shall invite
interested stakeholders to participate in the
rulemaking process used to establish the final rule.
``(J) Testing of alternative descriptors.--In
establishing the final rule, the Secretary shall
contract with the National Institute of Standards and
Technology, as necessary, to conduct testing and
simulation of alternative descriptors identified for
consideration.
``(K) Existing covered water heaters.--A covered
water heater shall be considered to comply with the
final rule on and after the effective date of the final
rule and with any revised labeling requirements
established by the Federal Trade Commission to carry
out the final rule if the covered water heater--
``(i) was manufactured prior to the
effective date of the final rule; and
``(ii) complied with the efficiency
standards and labeling requirements in effect
prior to the final rule.''.
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Water Heater Rating Improvement Act of 2009 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy to publish a rule that establishes a uniform efficiency descriptor and accompanying test methods for water heaters, storage water heaters, instantaneous water heaters, and unfired water storage tanks (covered heaters). Requires: (1) the efficiency descriptor and accompanying test method to apply to all water heating technologies in use and to future water heating technologies; and (2) the efficiency descriptor to be the efficiency standard for covered heaters.
Sets forth provisions concerning a mathematical conversion factor for converting the measurement of efficiency for covered heaters from the test procedures in effect on the date of enactment of this Act to the new energy descriptor.
Authorizes the rule to exclude a specific category of covered water heaters from the uniform efficiency descriptor if the category of water heaters: (1) does not have a residential use and can be clearly described; and (2) are rated effectively using the thermal efficiency and standby loss descriptors applied to the category.
Requires the Secretary, in establishing the rule, to contract with the National Institute of Standards and Technology to conduct testing and simulation of alternative descriptors identified for consideration.
Considers a covered water heater to be in compliance with the rule and with any revised labeling requirements established by the Federal Trade Commission (FTC) to implement the rule if the covered water heater: (1) was manufactured prior to the effective date of the rule; and (2) complied with the efficiency standards and labeling requirements in effect prior to the rule.
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Provide a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Proportionate Final Benefit Act of
2005''.
SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH.
(a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
(b) Wife's Insurance Benefits.--
(1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
402(b)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which she dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J).
(2) Conforming amendments.--Section 202(b)(5)(B) of such
Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)''.
(c) Husband's Insurance Benefits.--
(1) In general.--Section 202(c)(1) of such Act (42 U.S.C.
402(c)(1)) is amended--
(A) by striking ``and ending with the month'' in
the matter immediately following clause (ii) and
inserting ``and ending with the month in which he dies
or (if earlier) with the month'';
(B) by striking subparagraph (E); and
(C) by redesignating subparagraphs (F) through (K)
as subparagraphs (E) through (J), respectively.
(2) Conforming amendments.--Section 202(c)(5)(B) of such
Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F),
(H), or (J)'' and inserting ``(E), (G), or (I)'', respectively.
(d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42
U.S.C. 402(d)(1)) is amended--
(1) by striking ``and ending with the month'' in the matter
immediately preceding subparagraph (D) and inserting ``and
ending with the month in which such child dies or (if earlier)
with the month''; and
(2) by striking ``dies, or'' in subparagraph (D).
(e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42
U.S.C. 402(e)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: she
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which she remarries''.
(f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: he
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which he dies or (if earlier) with
the month preceding the first month in which he remarries''.
(g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such Act (42 U.S.C. 402(g)(1)) is amended--
(1) by inserting ``with the month in which he or she dies
or (if earlier)'' after ``and ending'' in the matter following
subparagraph (F); and
(2) by striking ``he or she remarries, or he or she dies''
and inserting ``or he or she remarries''.
(h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42
U.S.C. 402(h)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: such
parent dies, marries,'' in the matter following subparagraph (E) and
inserting ``ending with the month in which such parent dies or (if
earlier) with the month preceding the first month in which such parent
marries, or such parent''.
(i) Disability Insurance Benefits.--Section 223(a)(1) of such Act
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month
preceding whichever of the following months is the earliest: the month
in which he dies,'' in the matter following subparagraph (D) and
inserting the following: ``ending with the month in which he dies or
(if earlier) with the month preceding the earlier of'' and by striking
the comma after ``216(l))''.
(j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).
SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT.
(a) Old-Age and Survivors Insurance Benefits.--Section 202 of the
Social Security Act (42 U.S.C. 402) is amended by adding at the end the
following new subsection:
``Last Payment of Monthly Insurance Benefit Terminated by Death
``(z) The amount of any individual's monthly insurance benefit
under this section paid for the month in which the individual dies
shall be an amount equal to--
``(1) the amount of such benefit (as determined without
regard to this subsection), multiplied by
``(2) a fraction--
``(A) the numerator of which is the number of days
in such month preceding the date of such individual's
death, and
``(B) the denominator of which is the number of
days in such month,
rounded, if not a multiple of $1, to the next lower multiple of $1.
This subsection shall apply with respect to such benefit after all
other adjustments with respect to such benefit provided by this title
have been made. Payment of such benefit for such month shall be made as
provided in section 204(d).''.
(b) Disability Insurance Benefits.--Section 223 of such Act (42
U.S.C. 423) is amended by adding at the end the following new
subsection:
``Last Payment of Benefit Terminated by Death
``(k) The amount of any individual's monthly benefit under this
section paid for the month in which the individual dies shall be an
amount equal to--
``(1) the amount of such benefit (as determined without
regard to this subsection), multiplied by
``(2) a fraction--
``(A) the numerator of which is the number of days
in such month preceding the date of such individual's
death, and
``(B) the denominator of which is the number of
days in such month, rounded, if not a multiple of $1,
to the next lower multiple of $1,
rounded, if not a multiple of $1, to the next lower multiple of $1.
This subsection shall apply with respect to such benefit after all
other adjustments with respect to such benefit provided by this title
have been made. Payment of such benefit for such month shall be made as
provided in section 204(d).''.
(c) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228 of such Act (42 U.S.C. 428) is amended by adding at the end the
following new subsection:
``Last Payment of Benefit Terminated by Death
``(i) The amount of any individual's monthly benefit under this
section paid for the month in which the individual dies shall be an
amount equal to--
``(1) the amount of such benefit (as determined without
regard to this subsection), multiplied by
``(2) a fraction--
``(A) the numerator of which is the number of days
in such month preceding the date of such individual's
death, and
``(B) the denominator of which is the number of
days in such month, rounded, if not a multiple of $1,
to the next lower multiple of $1.
rounded, if not a multiple of $1, to the next lower multiple of $1.
This subsection shall apply with respect to such benefit after all
other adjustments with respect to such benefit provided by this title
have been made. Payment of such benefit for such month shall be made as
provided in section 204(d).''.
SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM
PROVISIONS.
Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is
amended by adding at the end the following new paragraph:
``(11) Notwithstanding any other provision of this Act, in applying
the preceding provisions of this subsection (and determining maximum
family benefits under column V of the table in or deemed to be in
section 215(a) as in effect in December 1978) with respect to the month
in which the insured individual's death occurs, the benefit payable to
such individual for that month shall be disregarded.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to deaths
occurring after the month in which this Act is enacted.
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Proportionate Final Benefit Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that: (1) an individual's entitlement to any OASDI benefit shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month); and (2) the benefit shall be payable for such month only to the extent proportionate to the number of days in the month preceding the date of death.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Pharmacy Consumer
Protection Act'' or the ``Ryan Haight Act''.
SEC. 2. INTERNET SALES OF PRESCRIPTION DRUGS.
(a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following section:
``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS.
``(a) Requirements Regarding Information on Internet Site.--
``(1) In general.--A person may not dispense a prescription
drug pursuant to a sale of the drug by such person if--
``(A) the purchaser of the drug submitted the
purchase order for the drug, or conducted any other
part of the sales transaction for the drug, through an
Internet site;
``(B) the person dispenses the drug to the
purchaser by mailing or shipping the drug to the
purchaser; and
``(C) such site, or any other Internet site used by
such person for purposes of sales of a prescription
drug, fails to meet each of the requirements specified
in paragraph (2), other than a site or pages on a site
that--
``(i) are not intended to be accessed by
purchasers or prospective purchasers; or
``(ii) provide an Internet information
location tool within the meaning of section
231(e)(5) of the Communications Act of 1934 (47
U.S.C. 231(e)(5)).
``(2) Requirements.--With respect to an Internet site, the
requirements referred to in subparagraph (C) of paragraph (1)
for a person to whom such paragraph applies are as follows:
``(A) Each page of the site shall include either
the following information or a link to a page that
provides the following information:
``(i) The name of such person.
``(ii) Each State in which the person is
authorized by law to dispense prescription
drugs.
``(iii) The address and telephone number of
each place of business of the person with
respect to sales of prescription drugs through
the Internet, other than a place of business
that does not mail or ship prescription drugs
to purchasers.
``(iv) The name of each individual who
serves as a pharmacist for prescription drugs
that are mailed or shipped pursuant to the
site, and each State in which the individual is
authorized by law to dispense prescription
drugs.
``(v) If the person provides for medical
consultations through the site for purposes of
providing prescriptions, the name of each
individual who provides such consultations;
each State in which the individual is licensed
or otherwise authorized by law to provide such
consultations or practice medicine; and the
type or types of health professions for which
the individual holds such licenses or other
authorizations.
``(B) A link to which paragraph (1) applies shall
be displayed in a clear and prominent place and manner,
and shall include in the caption for the link the words
`licensing and contact information'.
``(b) Internet Sales Without Appropriate Medical Relationships.--
``(1) In general.--Except as provided in paragraph (2), a
person may not dispense a prescription drug, or sell such a
drug, if--
``(A) for purposes of such dispensing or sale, the
purchaser communicated with the person through the
Internet;
``(B) the patient for whom the drug was dispensed
or purchased did not, when such communications began,
have a prescription for the drug that is valid in the
United States;
``(C) pursuant to such communications, the person
provided for the involvement of a practitioner, or an
individual represented by the person as a practitioner,
and the practitioner or such individual issued a
prescription for the drug that was purchased;
``(D) the person knew, or had reason to know, that
the practitioner or the individual referred to in
subparagraph (C) did not, when issuing the
prescription, have a qualifying medical relationship
with the patient; and
``(E) the person received payment for the
dispensing or sale of the drug.
For purposes of subparagraph (E), payment is received if money
or other valuable consideration is received.
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) the dispensing or selling of a prescription
drug pursuant to telemedicine practices sponsored by--
``(i) a hospital that has in effect a
provider agreement under title XVIII of the
Social Security Act (relating to the Medicare
program); or
``(ii) a group practice that has not fewer
than 100 physicians who have in effect provider
agreements under such title; or
``(B) the dispensing or selling of a prescription
drug pursuant to practices that promote the public
health, as determined by the Secretary by regulation.
``(3) Qualifying medical relationship.--
``(A) In general.--With respect to issuing a
prescription for a drug for a patient, a practitioner
has a qualifying medical relationship with the patient
for purposes of this section if--
``(i) at least one in-person medical
evaluation of the patient has been conducted by
the practitioner; or
``(ii) the practitioner conducts a medical
evaluation of the patient as a covering
practitioner.
``(B) In-person medical evaluation.--A medical
evaluation by a practitioner is an in-person medical
evaluation for purposes of this section if the
practitioner is in the physical presence of the patient
as part of conducting the evaluation, without regard to
whether portions of the evaluation are conducted by
other health professionals.
``(C) Covering practitioner.--With respect to a
patient, a practitioner is a covering practitioner for
purposes of this section if the practitioner conducts a
medical evaluation of the patient at the request of a
practitioner who has conducted at least one in-person
medical evaluation of the patient and is temporarily
unavailable to conduct the evaluation of the patient. A
practitioner is a covering practitioner without regard
to whether the practitioner has conducted any in-person
medical evaluation of the patient involved.
``(4) Rules of construction.--
``(A) Individuals represented as practitioners.--A
person who is not a practitioner (as defined in
subsection (d)(1)) lacks legal capacity under this
section to have a qualifying medical relationship with
any patient.
``(B) Standard practice of pharmacy.--Paragraph (1)
may not be construed as prohibiting any conduct that is
a standard practice in the practice of pharmacy.
``(C) Applicability of requirements.--Paragraph (3)
may not be construed as having any applicability beyond
this section, and does not affect any State law, or
interpretation of State law, concerning the practice of
medicine.
``(c) Actions by States.--
``(1) In general.--Whenever an attorney general of any
State has reason to believe that the interests of the residents
of that State have been or are being threatened or adversely
affected because any person has engaged or is engaging in a
pattern or practice that violates section 301(l), the State may
bring a civil action on behalf of its residents in an
appropriate district court of the United States to enjoin such
practice, to enforce compliance with such section (including a
nationwide injunction), to obtain damages, restitution, or
other compensation on behalf of residents of such State, to
obtain reasonable attorneys fees and costs if the State
prevails in the civil action, or to obtain such further and
other relief as the court may deem appropriate.
``(2) Notice.--The State shall serve prior written notice
of any civil action under paragraph (1) or (5)(B) upon the
Secretary and provide the Secretary with a copy of its
complaint, except that if it is not feasible for the State to
provide such prior notice, the State shall serve such notice
immediately upon instituting such action. Upon receiving a
notice respecting a civil action, the Secretary shall have the
right--
``(A) to intervene in such action;
``(B) upon so intervening, to be heard on all
matters arising therein; and
``(C) to file petitions for appeal.
``(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this chapter shall
prevent an attorney general of a State from exercising the
powers conferred on the attorney general by the laws of such
State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
``(4) Venue; service of process.--Any civil action brought
under paragraph (1) in a district court of the United States
may be brought in the district in which the defendant is found,
is an inhabitant, or transacts business or wherever venue is
proper under section 1391 of title 28, United States Code.
Process in such an action may be served in any district in
which the defendant is an inhabitant or in which the defendant
may be found.
``(5) Actions by other state officials.--
``(A) Nothing contained in this section shall
prohibit an authorized State official from proceeding
in State court on the basis of an alleged violation of
any civil or criminal statute of such State.
``(B) In addition to actions brought by an attorney
general of a State under paragraph (1), such an action
may be brought by officers of such State who are
authorized by the State to bring actions in such State
on behalf of its residents.
``(d) General Definitions.--For purposes of this section:
``(1) The term `practitioner' means a practitioner referred
to in section 503(b)(1) with respect to issuing a written or
oral prescription.
``(2) The term `prescription drug' means a drug that is
subject to section 503(b)(1).
``(3) The term `qualifying medical relationship', with
respect to a practitioner and a patient, has the meaning
indicated for such term in subsection (b).
``(e) Internet-Related Definitions.--
``(1) In general.--For purposes of this section:
``(A) The term `Internet' means collectively the
myriad of computer and telecommunications facilities,
including equipment and operating software, which
comprise the interconnected world-wide network of
networks that employ the transmission control protocol/
internet protocol, or any predecessor or successor
protocols to such protocol, to communicate information
of all kinds by wire or radio.
``(B) The term `link', with respect to the
Internet, means one or more letters, words, numbers,
symbols, or graphic items that appear on a page of an
Internet site for the purpose of serving, when
activated, as a method for executing an electronic
command--
``(i) to move from viewing one portion of a
page on such site to another portion of the
page;
``(ii) to move from viewing one page on
such site to another page on such site; or
``(iii) to move from viewing a page on one
Internet site to a page on another Internet
site.
``(C) The term `page', with respect to the
Internet, means a document or other file accessed at an
Internet site.
``(D)(i) The terms `site' and `address', with
respect to the Internet, mean a specific location on
the Internet that is determined by Internet Protocol
numbers. Such term includes the domain name, if any.
``(ii) The term `domain name' means a method of
representing an Internet address without direct
reference to the Internet Protocol numbers for the
address, including methods that use designations such
as `.com', `.edu', `.gov', `.net', or `.org'.
``(iii) The term `Internet Protocol numbers'
includes any successor protocol for determining a
specific location on the Internet.
``(2) Authority of secretary.--The Secretary may by
regulation modify any definition under paragraph (1) to take
into account changes in technology.
``(f) Interactive Computer Service; Advertising.--No provider of an
interactive computer service, as defined in section 230(f)(2) of the
Communications Act of 1934 (47 U.S.C. 230(f)(2)), or of advertising
services shall be liable under this section for dispensing or selling
prescription drugs in violation of this section on account of another
person's selling or dispensing such drugs, provided that the provider
of the interactive computer service or of advertising services does not
own or exercise corporate control over such person.''.
(b) Inclusion as Prohibited Act.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after
paragraph (k) the following:
``(l) The dispensing or selling of a prescription drug in violation
of section 503B.''.
(c) Internet Sales of Prescription Drugs; Consideration by
Secretary of Practices and Procedures for Certification of Legitimate
Businesses.--In carrying out section 503B of the Federal Food, Drug,
and Cosmetic Act (as added by subsection (a) of this section), the
Secretary of Health and Human Services shall take into consideration
the practices and procedures of public or private entities that certify
that businesses selling prescription drugs through Internet sites are
legitimate businesses, including practices and procedures regarding
disclosure formats and verification programs.
(d) Reports Regarding Internet-Related Violations of State and
Federal Laws on Dispensing of Drugs.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this subsection as the ``Secretary'') shall,
pursuant to the submission of an application meeting the
criteria of the Secretary, make an award of a grant or contract
to the National Clearinghouse on Internet Prescribing (operated
by the Federation of State Medical Boards) for the purpose of--
(A) identifying Internet sites that appear to be in
violation of State or Federal laws concerning the
dispensing of drugs;
(B) reporting such sites to State medical licensing
boards and State pharmacy licensing boards, and to the
Attorney General and the Secretary, for further
investigation; and
(C) submitting, for each fiscal year for which the
award under this subsection is made, a report to the
Secretary describing investigations undertaken with
respect to violations described in subparagraph (A).
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $100,000 for each of the fiscal years 2005 through
2007.
(e) Effective Date.--The amendments made by subsections (a) and (b)
take effect upon the expiration of the 60-day period beginning on the
date of the enactment of this Act, without regard to whether a final
rule to implement such amendments has been promulgated by the Secretary
of Health and Human Services under section 701(a) of the Federal Food,
Drug, and Cosmetic Act. The preceding sentence may not be construed as
affecting the authority of such Secretary to promulgate such a final
rule.
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Internet Pharmacy Consumer Protection Act or the Ryan Haight Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any person from dispensing a prescription drug pursuant to a sale if: (1) any part of the transaction is conducted through an Internet site; (2) the person dispenses the drug by mailing or shipping the drug to the purchaser; and (3) such site fails to provide the identities and licensing information of the seller, pharmacists, or medical consultants.
Prohibits a person from selling or dispensing a prescription drug if: (1) the purchaser communicated with the person through the Internet; (2) the purchaser did not have a valid prescription when the communication began; (3) the person provided for the involvement of a practitioner; (4) the practitioner issued a prescription for the drug that was purchased; (5) the person knew that no qualifying medical relationship existed (defines "qualifying medical relationship" as requiring an in-person medical evaluation or a medical evaluation as a covering practitioner); and (6) the person received payment. Excludes certain acts involving telemedicine, group practices, and practices that promote the public health.
Allows States to bring civil actions against a person for violations of this Act.
Prevents Internet providers from being held liable for dispensing or selling prescriptions drugs on account of another person's activities.
Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under FFDCA.
Requires the Secretary of Health and Human Services to award a grant or contract to the National Clearinghouse on Internet Prescribing to identify and report Internet sites that violate Federal or State laws concerning the dispensing of drugs.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Security in Retirement Act
of 2008''.
SEC. 2. SUSPENSION OF MINIMUM DISTRIBUTION REQUIREMENTS FOR INTERESTS
NOT GREATER THAN $300,000.
(a) In General.--In the case of an eligible defined contribution
plan of an individual, sections 401(a)(9), 404(a)(2), 403(b)(10),
408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue Code of
1986 shall not apply with respect to such individual for any year
during the suspension period to the extent such individual's interest
in all such plans as of December 31, 2008, is not greater than
$300,000.
(b) Suspension Period.--For purposes of this section, the term
``suspension period'' means the period beginning on January 1, 2008,
and ending on December 31, 2009.
(c) Eligible Defined Contribution Plan.--For purposes of this
section, the term ``eligible defined contribution plan'' means--
(1) a defined contribution plan (within the meaning of
section 414(i) of such Code) which is--
(A) an employee's trust described in section 401(a)
of such Code which is exempt from tax under section
501(a) of such Code,
(B) an annuity plan described in section 403(a) of
such Code,
(C) an annuity contract described in section 403(b)
of such Code, and
(D) an eligible deferred compensation plan
described in section 457(b) of such Code which is
maintained by an eligible employer described in section
457(e)(1)(A) of such Code, and
(2) an individual retirement plan (as defined in section
7701(a)(37) of such Code).
(d) Special Rules.--
(1) Exception for 5-year rule.--In the case of a
distribution required under section 401(a)(9)(B)(ii) of such
Code, subsection (a) shall not apply.
(2) Delay in required minimum distribution for 2008.--The
required minimum distribution for 2008 (if any) with respect to
any eligible defined contribution plan of an individual--
(A) shall be determined on the basis of the
individual's interest in such plan determined as of
December 31, 2008, and
(B) shall be treated as timely made if such
distribution is made before April 1, 2009.
(3) Aggregation of employer plans.--
(A) In general.--A plan shall not be treated as
disqualified merely because the plan treats the
aggregate interest of the individual in all plans
maintained by the employer (and any member of any
controlled group which includes the employer) as such
individual's interest in all eligible defined
contribution plans.
(B) Controlled group.--For purposes of subparagraph
(A), the term ``controlled group'' means any group
treated as a single employer under subsection (b), (c),
(m), or (o) of section 414 of such Code.
(4) Exemption of distributions during suspension period
from trustee transfer and withholding rules.--For purposes of
sections 401(a)(31), 402(f), and 3405 of such Code, any
distribution during the suspension period which, but for
subsection (a), would have been a required distribution under
section 401(a)(9) of such Code shall not be treated as an
eligible rollover distribution.
(e) Regulations.--The Secretary of the Treasury shall prescribe
such regulations as may be necessary to carry out the purposes of this
section, including rules providing for the allocation of the $300,000
amount described in subsection (a) in the case of an individual with an
interest in more than 1 defined contribution plan.
(f) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any plan or
annuity contract, such plan or contract shall be treated as
being operated in accordance with the terms of the plan during
the period described in paragraph (2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to this section or pursuant to
any regulation issued by the Secretary of the
Treasury to carry out this section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2009.
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) during the period beginning on the
first day of the suspension period and ending
on the date described in subparagraph (A)(ii)
(or, if earlier, the date the plan or contract
amendment is adopted) the plan or contract is
operated as if such plan or contract amendment
were in effect, and
(ii) such plan or contract amendment
applies retroactively for such period.
(g) Effective Date.--This section shall take effect on the date of
the enactment of this Act.
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Financial Security in Retirement Act of 2008 - Suspends, for calendar 2008 and 2009, minimum distribution requirements for up to $300,000 of an individual's interest in all eligible defined contribution plans as of December 31, 2008.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Heritage Firearms Act of
2017''.
SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER QUALIFYING FIREARMS.
(a) Registration.--Subject to such regulations as the Attorney
General may prescribe, the applicable veteran or a member of the family
of such a veteran, who owns and possesses a qualifying firearm, may
register the firearm in the National Firearms Registration and Transfer
Record (described in section 5841 of the Internal Revenue Code of 1986)
during the amnesty period.
(b) Qualifying Firearm.--
(1) In general.--For purposes of this section, the term
``qualifying firearm'' means any firearm which was acquired--
(A) before October 31, 1968; and
(B) by a veteran, while the veteran was a member of
the Armed Forces and was stationed outside the
continental United States.
(2) Presumption of validity.--In the absence of clear and
convincing evidence to the contrary, the Attorney General shall
accept as true and accurate any affidavit, document, or other
evidence submitted by an individual to establish that a firearm
meets the requirements of paragraph (1).
(c) Hearings.--If the Attorney General determines that an
individual may not register a firearm under subsection (a) during the
amnesty period, the Attorney General, on the request of such
individual, shall--
(1) provide the individual any evidence on which the
Attorney General's decision is based; and
(2) promptly hold a hearing to review the determination.
(d) Limited Immunity.--
(1) Criminal liability under title 18.--An individual who
registers a firearm under subsection (a) of this section--
(A) shall be treated, for purposes of subsections
(a)(3) and (o) of section 922 of title 18, United
States Code, as having lawfully acquired and possessed
the firearm before the date of the enactment of chapter
44 of such title and of each provision of that chapter;
and
(B) shall not be liable for any violation of that
chapter which--
(i) is based solely on the ownership,
possession, transportation, importation, or
alteration of the firearm by the individual;
and
(ii) occurred before or concurrent with the
registration.
(2) Criminal liability under internal revenue code.--Except
as provided in paragraph (3), an individual who registers a
firearm under subsection (a) shall not be liable for a
violation of chapter 53 or 75 of the Internal Revenue Code of
1986 with respect to the firearm which occurred before or
concurrent with the registration.
(3) Transfer tax liability.--Paragraph (2) shall not affect
the liability of any individual for any transfer tax imposed
under section 5811 of the Internal Revenue Code of 1986.
(4) Attempts to register.--In the case of an applicable
veteran or a member of such a veteran's family who attempts to
register a qualifying firearm in the National Firearms
Registration and Transfer Record at a time other than during
the amnesty period, paragraphs (1), (2), and (3) shall apply
with respect to the individual if the individual surrenders the
firearm to a law enforcement agency not later than 30 days
after notification by the Attorney General of potential
criminal liability for continued possession of the firearm.
(e) Forfeiture.--A firearm registered under subsection (a) shall
not be subject to seizure or forfeiture under chapter 53 or 75 of the
Internal Revenue Code of 1986 or chapter 44 of title 18, United States
Code, for a violation of any such chapter with respect to the firearm
which occurred before or concurrent with the registration.
(f) Notice; Forms; Mailbox Rule.--
(1) Notice of amnesty period.--The Attorney General shall
provide clear printed notices providing information regarding
the amnesty period and registering a firearm during the period.
To the extent feasible, the Attorney General shall ensure that
the notices are posted in post offices, law enforcement
buildings, and businesses of licensed firearms dealers.
(2) VA outreach.--The Secretary of Veterans Affairs, in
consultation with the Attorney General, shall carry out an
outreach program and develop a communications strategy to
provide to veterans information regarding the amnesty period
and registering a firearm during the period, including by
posting notices in facilities of the Department of Veterans
Affairs and on the Internet website of the Department.
(3) Forms.--The Attorney General shall make available any
forms necessary for registering a firearm in the National
Firearms Registration and Transfer Record. To the extent
feasible, the Attorney General shall make such forms available
in the locations referred to in paragraphs (1) and (2) and
through the Internet website for the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
(4) Mailbox rule.--For purposes of this section, the
Attorney General shall treat any form that is postmarked during
the amnesty period as received during the amnesty period.
(g) Definitions.--In this section:
(1) Amnesty period.--The term ``amnesty period'' means the
180-day period beginning on the date that is 90 days after the
date of the enactment of this Act.
(2) Firearm.--The term ``firearm'' has the meaning given
the term in section 5845 of the Internal Revenue Code of 1986,
except that the term does not include--
(A) any device described in subsection (f)(1) of
such section; or
(B) any combination of parts--
(i) designed or intended for use in
converting any device into a device described
in subparagraph (A); or
(ii) from which a device described in
subparagraph (A) may be readily assembled.
(3) Applicable veteran.--The term ``applicable veteran''
means, with respect to a firearm, the veteran referred to in
subsection (b)(1) with respect to the firearm.
(4) Veteran.--The term ``veteran'' has the meaning given
such term in section 101(2) of title 38, United States Code.
(5) Family.--
(A) In general.--The term ``family'' means, with
respect to a veteran, any grandparent of the veteran or
of any spouse of the veteran, any lineal descendant of
any such grandparent, and any spouse of any such lineal
descendant.
(B) Special rules.--For purposes of subparagraph
(A):
(i) A spouse of an individual who is
legally separated from the individual under a
decree of divorce or separate maintenance shall
be treated as the spouse of the individual.
(ii) Individuals related by the half blood
or by legal adoption shall be treated as if
they are related by the whole blood.
(6) Continental united states.--The term ``continental
United States'' means the several States and the District of
Columbia, but does not include Alaska or Hawaii.
SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS.
(a) Transfer of Forfeited Firearms to Museums.--
(1) In general.--The Attorney General shall transfer each
firearm which has been forfeited to the United States to the
first qualified museum that submits a request for the firearm
in such form and manner as the Attorney General may specify.
(2) Destruction of forfeited firearms prohibited.--The
Attorney General shall not destroy any firearm which has been
forfeited to the United States until the end of the 5-year
period beginning on the date of the forfeiture.
(3) Catalogue of firearms.--With respect to each firearm
that is available to be transferred to a museum under paragraph
(1), the Attorney General shall, not later than 60 days after
the forfeiture of the firearm, publish information which
identifies the firearm (including a picture) on the web page of
the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The
information shall be available to the public without cost and
without restriction.
(4) Registration of firearms.--Any firearm transferred
under paragraph (1) to a qualified museum shall be registered
to the transferee in the National Firearms Registration and
Transfer Record (described in section 5841 of the Internal
Revenue Code of 1986).
(5) Firearm.--In this subsection, the term ``firearm''
means any firearm (as defined in section 2(g)(2) of this Act)
which is treated as a curio or relic under chapter 44 of title
18, United States Code.
(6) Qualified museum.--In this subsection, the term
``qualified museum'' means--
(A) any museum owned or operated by a unit of
Federal, State, or local government; and
(B) any museum which--
(i) is open to the public;
(ii) is incorporated as a not-for-profit
corporation under applicable State law;
(iii) may possess a firearm in the
collection of the museum under the laws of the
State in which the collection is displayed;
(iv) holds a license under chapter 44 of
title 18, United States Code, as a collector of
curios or relics; and
(v) certifies to the Attorney General
that--
(I) the museum is not engaged in
the trade or business of buying or
selling firearms;
(II) with respect to the transfer
of any firearm under paragraph (1), the
museum is not requesting the transfer
of the firearm for purpose of sale; and
(III) the museum shall, not later
than 90 days after the museum ceases
operations, file an application
pursuant to chapter 53 of the Internal
Revenue Code of 1986 to transfer any
machinegun transferred to the museum
under paragraph (1) to an entity or
person who may lawfully possess the
machinegun under section 922(o) of
title 18, United States Code, or
abandon the machinegun to Federal,
State, or local law enforcement
authorities.
(b) Transfer of Machineguns to Museums.--Section 922(o)(2) of title
18, United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) a transfer to or by, or possession by, a
museum that is open to the public and incorporated as a
not-for-profit corporation under applicable State law;
or''.
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Veterans' Heritage Firearms Act of 2017 This bill provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the Armed Forces stationed outside the continental United States. The bill: (1) grants such an individual limited immunity under the federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration; and (2) extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. The Department of Justice (DOJ) shall provide clear notice of, and the Department of Veterans Affairs shall carry out an outreach program and develop a communications strategy to provide veterans information regarding, the amnesty and registration period. DOJ shall: (1) transfer each firearm qualifying as a curio or relic that has been forfeited to the United States to the first qualified museum that requests it, and (2) publish information identifying each such firearm that is available to be transferred to a museum. The bill: (1) prohibits DOJ from destroying any such firearm that has been forfeited until five years after the forfeiture, and (2) requires that any firearm transferred to a qualified museum be registered to the transferee. The prohibition against transfer or possession of a machine-gun shall not apply to a transfer to or by, or to possession by, a museum that is open to the public and incorporated as a not-for-profit corporation under applicable state law.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware River Basin Conservation
Act of 2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Delaware River Basin is a national treasure of
great cultural, environmental, ecological, and economic
importance;
(2) the Basin contains over 12,500 square miles of land in
the States of Delaware, New Jersey, New York, and Pennsylvania,
including nearly 800 square miles of bay and more than 2,000
tributary rivers and streams;
(3) the Basin is home to more than 8,000,000 people who
depend on the Delaware River and the Delaware Bay as an
economic engine, a place of recreation, and a vital habitat for
fish and wildlife;
(4) the Basin provides clean drinking water to more than
15,000,000 people, including New York City, which relies on the
Basin for approximately half of the drinking water supply of
the city, and Philadelphia, whose most significant threat to
the drinking water supply of the city is loss of forests and
other natural cover in the Upper Basin, according to a study
conducted by the Philadelphia Water Department;
(5) the Basin contributes $25,000,000,000 annually in
economic activity, provides $21,000,000,000 in ecosystem goods
and services per year, and is directly or indirectly
responsible for 600,000 jobs with $10,000,000,000 in annual
wages;
(6) almost 180 species of fish and wildlife are considered
special status species in the Basin due to habitat loss and
degradation, particularly sturgeon, eastern oyster, horseshoe
crabs, and red knots, which have been identified as unique
species in need of habitat improvement;
(7) the Basin provides habitat for over 200 resident and
migrant fish species, includes significant recreational
fisheries, and is an important source of eastern oyster, blue
crab, and the largest population of the American horseshoe
crab;
(8) the annual dockside value of commercial eastern oyster
fishery landings for the Delaware Estuary is nearly $4,000,000,
making it the fourth most lucrative fishery in the Delaware
River Basin watershed, and proven management strategies are
available to increase oyster habitat, abundance, and harvest;
(9) the Delaware Bay has the second largest concentration
of shorebirds in North America and is designated as one of the
4 most important shorebird migration sites in the world;
(10) the Basin, 50 percent of which is forested, also has
over 700,000 acres of wetland, more than 126,000 acres of which
are recognized as internationally important, resulting in a
landscape that provides essential ecosystem services, including
recreation, commercial, and water quality benefits;
(11) much of the remaining exemplary natural landscape in
the Basin is vulnerable to further degradation, as the Basin
gains approximately 10 square miles of developed land annually,
and with new development, urban watersheds are increasingly
covered by impervious surfaces, amplifying the quantity of
polluted runoff into rivers and streams;
(12) the Delaware River is the longest undammed river east
of the Mississippi; a critical component of the National Wild
and Scenic Rivers System in the Northeast, with more than 400
miles designated; home to one of the most heavily visited
National Park units in the United States, the Delaware Water
Gap National Recreation Area; and the location of 6 National
Wildlife Refuges;
(13) the Delaware River supports an internationally
renowned cold water fishery in more than 80 miles of its
northern headwaters that attracts tens of thousands of visitors
each year and generates over $21,000,000 in annual revenue
through tourism and recreational activities;
(14) management of water volume in the Basin is critical to
flood mitigation and habitat for fish and wildlife, and
following 3 major floods along the Delaware River since 2004,
the Governors of the States of Delaware, New Jersey, New York,
and Pennsylvania have called for natural flood damage reduction
measures to combat the problem, including restoring the
function of riparian corridors;
(15) the Delaware River Port Complex (including docking
facilities in the States of Delaware, New Jersey, and
Pennsylvania) is one of the largest freshwater ports in the
world, the Port of Philadelphia handles the largest volume of
international tonnage and 70 percent of the oil shipped to the
East Coast, and the Port of Wilmington, a full-service
deepwater port and marine terminal supporting more than 12,000
jobs, is the busiest terminal on the Delaware River, handling
more than 400 vessels per year with an annual import/export
cargo tonnage of more than 4,000,000 tons;
(16) the Delaware Estuary, where freshwater from the
Delaware River mixes with saltwater from the Atlantic Ocean, is
one of the largest and most complex of the 28 estuaries in the
National Estuary Program, and the Partnership for the Delaware
Estuary works to improve the environmental health of the
Delaware Estuary;
(17) the Delaware River Basin Commission is a Federal-
interstate compact government agency charged with overseeing a
unified approach to managing the river system and implementing
important water resources management projects and activities
throughout the Basin that are in the national interest;
(18) restoration activities in the Basin are supported
through several Federal and State agency programs, and funding
for those important programs should continue and complement the
establishment of the Delaware River Basin Restoration Program,
which is intended to build on and help coordinate restoration
and protection funding mechanisms at the Federal, State,
regional, and local levels; and
(19) the existing and ongoing voluntary conservation
efforts in the Delaware River Basin necessitate improved
efficiency and cost effectiveness, as well as increased
private-sector investments and coordination of Federal and non-
Federal resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) Basin.--The term ``Basin'' means the 4-State Delaware
Basin region, including all of Delaware Bay and portions of the
States of Delaware, New Jersey, New York, and Pennsylvania
located in the Delaware River watershed.
(2) Basin state.--The term ``Basin State'' means each of
the States of Delaware, New Jersey, New York, and Pennsylvania.
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation, a congressionally chartered
foundation established by section 2 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3701).
(5) Grant program.--The term ``grant program'' means the
voluntary Delaware River Basin Restoration Grant Program
established under section 5.
(6) Program.--The term ``program'' means the nonregulatory
Delaware River Basin restoration program established under
section 4.
(7) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife to preserve and
improve ecosystems and ecological processes on which they
depend, and for use and enjoyment by the public.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director.
(9) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
SEC. 4. PROGRAM ESTABLISHMENT.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a nonregulatory
program to be known as the ``Delaware River Basin restoration
program''.
(b) Duties.--In carrying out the program, the Secretary shall--
(1) draw on existing and new management plans for the
Basin, or portions of the Basin, and work in consultation with
applicable management entities, including representatives of
the Partnership for the Delaware Estuary, the Delaware River
Basin Commission, the Federal Government, and other State and
local governments, and regional and nonprofit organizations, as
appropriate, to identify, prioritize, and implement restoration
and protection activities within the Basin;
(2) adopt a Basinwide strategy that--
(A) supports the implementation of a shared set of
science-based restoration and protection activities
developed in accordance with paragraph (1);
(B) targets cost-effective projects with measurable
results; and
(C) maximizes conservation outcomes with no net
gain of Federal full-time equivalent employees; and
(3) establish the voluntary grant and technical assistance
programs in accordance with section 5.
(c) Coordination.--In establishing the program, the Secretary shall
consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Administrator of the National Oceanic and
Atmospheric Administration;
(C) the Chief of the Natural Resources Conservation
Service;
(D) the Chief of Engineers of the Corps of
Engineers; and
(E) the head of any other applicable agency;
(2) the Governors of the Basin States;
(3) the Partnership for the Delaware Estuary;
(4) the Delaware River Basin Commission;
(5) fish and wildlife joint venture partnerships; and
(6) other public agencies and organizations with authority
for the planning and implementation of conservation strategies
in the Basin.
(d) Purposes.--The purposes of the program include--
(1) coordinating restoration and protection activities
among Federal, State, local, and regional entities and
conservation partners throughout the Basin;
(2) carrying out coordinated restoration and protection
activities, and providing for technical assistance throughout
the Basin and Basin States--
(A) to sustain and enhance fish and wildlife
habitat restoration and protection activities;
(B) to improve and maintain water quality to
support fish and wildlife, as well as the habitats of
fish and wildlife, and drinking water for people;
(C) to sustain and enhance water management for
volume and flood damage mitigation improvements to
benefit fish and wildlife habitat;
(D) to improve opportunities for public access and
recreation in the Basin consistent with the ecological
needs of fish and wildlife habitat;
(E) to facilitate strategic planning to maximize
the resilience of natural systems and habitats under
changing watershed conditions;
(F) to engage the public through outreach,
education, and citizen involvement, to increase
capacity and support for coordinated restoration and
protection activities in the Basin;
(G) to increase scientific capacity to support the
planning, monitoring, and research activities necessary
to carry out coordinated restoration and protection
activities; and
(H) to provide technical assistance to carry out
restoration and protection activities in the Basin.
SEC. 5. GRANTS AND ASSISTANCE.
(a) Delaware River Basin Restoration Grant Program.--To the extent
that funds are available to carry out this section, the Secretary shall
establish a voluntary grant and technical assistance program to be
known as the ``Delaware River Basin Restoration Grant Program'' to
provide competitive matching grants of varying amounts to State and
local governments, nonprofit organizations, institutions of higher
education, and other eligible entities to carry out activities
described in section 4(d).
(b) Criteria.--The Secretary, in consultation with the
organizations described in section 4(c), shall develop criteria for the
grant program to help ensure that activities funded under this section
accomplish one or more of the purposes identified in section 4(d)(2)
and advance the implementation of priority actions or needs identified
in the Basinwide strategy adopted under section 4(b)(2).
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project funded under the grant program shall not exceed 50
percent of the total cost of the activity, as determined by the
Secretary.
(2) Non-federal share.--The non-Federal share of the cost
of a project funded under the grant program may be provided in
cash or in the form of an in-kind contribution of services or
materials.
(d) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with the National Fish and Wildlife
Foundation or a similar organization that offers grant
management services.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (1), the organization selected shall--
(A) for each fiscal year, receive amounts to carry
out this section in an advance payment of the entire
amount on October 1, or as soon as practicable
thereafter, of that fiscal year;
(B) invest and reinvest those amounts for the
benefit of the grant program; and
(C) otherwise administer the grant program to
support partnerships between the public and private
sectors in accordance with this Act.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under paragraph (1), any amounts
received by the Foundation under this section shall be subject
to the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act
(16 U.S.C. 3709(a)).
SEC. 6. ANNUAL REPORTS.
Not later than 180 days after the date of enactment of this Act and
annually thereafter, the Secretary shall submit to Congress a report on
the implementation of this Act, including a description of each project
that has received funding under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $5,000,000 for each of fiscal years
2016 through 2021.
(b) Use.--Of any amount made available under this section for each
fiscal year, the Secretary shall use at least 75 percent to carry out
the grant program under section 5 and to provide, or provide for,
technical assistance under such program.
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. Delaware River Basin Conservation Act of 2015 (Sec. 4) This bill requires the United States Fish and Wildlife Service (USFWS) to establish a nonregulatory Delaware River Basin restoration program, under which it shall: (1) draw on management plans for the basin or portions of the basin and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the federal government, other state and local governments, and regional and nonprofit organizations, to identify, prioritize, and implement restoration and protection activities within the basin; (2) adopt a basin-wide strategy that supports the implementation of a shared set of science-based restoration and protection activities, targets cost-effective projects with measurable results, and maximizes conservation outcomes with no net gain of federal full-time equivalent employees; and (3) establish the voluntary grant and technical assistance programs in accordance with this bill. "Basin" is defined as the four-state Delaware Basin region, including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. (Sec. 5) The USFWS shall: (1) establish the Delaware River Basin restoration grant program to provide competitive matching grants to carry out restoration and protection activities within the basin, and (2) develop criteria to ensure that funded activities accomplish specified purposes and advance the implementation of priority actions or needs identified in the strategy adopted under this bill. The USFWS may contract with the National Fish and Wildlife Foundation or another organization that offers grant management services. (Sec. 6) The USFWS shall submit to Congress annually a report on the implementation of this bill, including a description of each project that has received funding. (Sec. 7) Appropriations are authorized to carry out this bill for FY2016-FY2021. The USFWS shall use at least 75% of any amount made available for each fiscal year to carry out the grant program and to provide or provide for technical assistance under such program.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay Your Bills or Lose Your Pay Act
of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is an American value to meet all obligations.
(2) A AAA credit rating is essential to the economic
standing of the United States in the world.
(3) The statutory debt limit was increased--
(A) 18 times during the presidency of Ronald
Reagan;
(B) 4 times during the presidency of George H. W.
Bush;
(C) 6 times during the presidency of William J.
Clinton; and
(D) 7 times during the presidency of George W.
Bush.
(4) Section 4 of the 14th Amendment of the United States
Constitution states ``the validity of the public debt of the
United States, authorized by law, including debts incurred for
payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned''.
(5) The statutory debt limit is increased by Congress to
pay financial obligations authorized by Congress.
(6) The ratings agency Moody's has called for the public
debt limit to be eliminated.
(7) The United States is one of the few nations in the
world with a public debt limit.
(8) The annual budget resolution, voted on by members of
the Senate and House of Representatives, specifies the
appropriate level of the public debt for each fiscal year
covered by the resolution.
(9) At times the statutory debt limit must be increased to
honor financial obligations authorized and appropriated by
Congress and the President of the United States.
(10) The credit rating agency Standard and Poor's
downgraded the credit rating of the United States for the first
time in its history on August 5, 2011, citing ``political
brinksmanship'' as a primary reason for its action.
(11) In July 2012, the Government Accountability Office
estimated that the 2011 debt limit standoff cost taxpayers
$1,300,000,000 in fiscal year 2011, and the Government
Accountability Office further noted that ``Congress should
consider ways to . . . avoid potential disruptions to the
Treasury market and to help inform the fiscal policy debate in
a timely way.''.
(12) In January 2013, the Bipartisan Policy Center
estimated that the 10-year cost to taxpayers of the 2011 debt
limit standoff is $18,900,000,000.
SEC. 3. HOLDING SALARIES OF MEMBERS OF CONGRESS IN ESCROW UPON FAILURE
TO MEET DEBT OBLIGATIONS.
(a) Holding Salaries in Escrow.--
(1) In general.--If the Federal Government is unable to
make payments or meet obligations because the public debt limit
under section 3101 of title 31, United States Code, has been
reached, during the period described in paragraph (2) the
payroll administrator of each House of Congress shall deposit
in an escrow account all payments otherwise required to be made
during such period for the compensation of Members of Congress
who serve in that House of Congress, and shall release such
payments to such Members only upon the expiration of such
period.
(2) Period described.--The period described in this
paragraph is the period beginning on the date on which the
Federal Government is unable to make payments or meet
obligations because the public debt limit under section 3101 of
title 31, United States Code, has been reached, and ending on
the earlier of--
(A) the date on which the House of Representatives
and the Senate present a bill to the President under
article I, section 7 of the Constitution of the United
States, to increase the public debt limit under section
3101 of title 31, United States Code; or
(B) the last day of the One Hundred Thirteenth
Congress.
(3) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator of each House of
Congress shall provide for the same withholding and remittance
with respect to a payment deposited in an escrow account under
paragraph (1) that would apply to the payment if the payment
were not subject to paragraph (1).
(4) Release of amounts at end of congress.--In order to
ensure that this section is carried out in a manner that shall
not vary the compensation of Senators or Representatives in
violation of the 27th Amendment to the Constitution of the
United States, the payroll administrator of a House of Congress
shall release for payments to Members of that House of Congress
any amounts remaining in any escrow account under this section
on the last day of the One Hundred Thirteenth Congress.
(5) Role of secretary of the treasury.--The Secretary of
the Treasury shall provide the payroll administrators of the
Houses of Congress with such assistance as may be necessary to
enable the payroll administrators to carry out this section.
(b) Treatment of Delegates as Members.--In this section, the term
``Member'' includes a Delegate or Resident Commissioner to Congress.
(c) Payroll Administrator Defined.--In this section, the ``payroll
administrator'' of a House of Congress means--
(1) in the case of the House of Representatives, the Chief
Administrative Officer of the House of Representatives, or an
employee of the Office of the Chief Administrative Officer who
is designated by the Chief Administrative Officer to carry out
this section; and
(2) in the case of the Senate, the Secretary of the Senate,
or an employee of the Office of the Secretary of the Senate who
is designated by the Secretary to carry out this section.
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Pay Your Bills or Lose Your Pay Act of 2013 - Requires the appropriate payroll administrator of each house of Congress to deposit in an escrow account all mandatory payments for compensation of Members of Congress serving in that house during a specified period beginning when the federal government is unable to make payments or meet obligations because the public debt has been reached. Requires release of such payments to those Members only upon the earlier of: (1) the date on which both chambers present a bill to the President to increase the public debt, or (2) the last day of the 113th Congress.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Tourism and
Improving Visitor Experience Act'' or the ``NATIVE Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to enhance and integrate Native American tourism--
(A) to empower Native American communities; and
(B) to advance the National Travel and Tourism
Strategy;
(2) to increase coordination and collaboration between
Federal tourism assets to support Native American tourism and
bolster recreational travel and tourism;
(3) to expand heritage and cultural tourism opportunities
in the United States to spur economic development, create jobs,
and increase tourism revenues;
(4) to enhance and improve self-determination and self-
governance capabilities in the Native American community and to
promote greater self-sufficiency;
(5) to encourage Indian tribes and tribal organizations to
engage more fully in Native American tourism activities to
increase visitation to rural and remote areas in the United
States that are too difficult to access or are unknown to
domestic travelers and international tourists;
(6) to provide grants, loans, and technical assistance to
Indian tribes and tribal organizations that will--
(A) spur important infrastructure development;
(B) increase tourism capacity; and
(C) elevate living standards in Native American
communities; and
(7) to support the development of technologically
innovative projects that will incorporate recreational travel
and tourism information and data from Federal assets to improve
the visitor experience.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 551 of title 5, United States Code.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Tribal organization.--
(A) In general.--The term ``tribal organization''
has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(B) Inclusion.--The term ``tribal organization''
includes a Native Hawaiian organization (as defined in
section 7207 of the Native Hawaiian Education Act (20
U.S.C. 7517)).
SEC. 4. INTEGRATING FEDERAL TOURISM ASSETS TO STRENGTHEN NATIVE TOURISM
OPPORTUNITIES.
(a) Secretary of Commerce and Secretary of the Interior.--The
Secretary of Commerce and the Secretary of the Interior shall update
the respective management plans and tourism initiatives of the
Department of Commerce and the Department of the Interior to include
Indian tribes and tribal organizations.
(b) Other Agencies.--The head of each agency that has recreational
travel or tourism functions or complementary programs shall update the
respective management plans and tourism strategies of the agency to
include Indian tribes and tribal organizations.
(c) Native American Tourism Plans.--
(1) In general.--The plans shall outline policy proposals--
(A) to improve travel and tourism data collection
and analysis;
(B) to increase the integration, alignment, and
utility of public records, publications, and Web sites
maintained by Federal agencies;
(C) to create a better user experience for domestic
travelers and international visitors;
(D) to align Federal agency Web sites and
publications;
(E) to support national tourism goals;
(F) to identify agency programs that could be used
to support tourism capacity building and help sustain
tourism infrastructure in Native American communities;
(G) to develop innovative visitor portals for
parks, landmarks, heritage and cultural sites, and
assets that showcase and respect the diversity of the
indigenous peoples of the United States;
(H) to share local Native American heritage through
the development of bilingual interpretive and
directional signage that could include or incorporate
English and the local Native American language or
languages; and
(I) to improve access to transportation programs
related to Native American community capacity building
for tourism and trade, including transportation
planning for programs related to visitor enhancement
and safety.
(2) Consultation with indian tribes and native americans.--
In developing the plan under paragraph (1), the head of each
agency shall consult with Indian tribes and the Native American
community to identify appropriate levels of inclusion of the
Indian tribes and Native Americans in Federal tourism
activities, public records and publications, including Native
American tourism information available on Web sites.
(d) Technical Assistance.--
(1) In general.--The Secretary of the Interior, in
consultation with the Secretary of Commerce, shall enter into a
memorandum of understanding or cooperative agreement with an
entity or organization with a demonstrated record in tribal
communities of defining, introducing, developing, and
sustaining American Indian, Alaska Native, and Native Hawaiian
tourism and related activities in a manner that respects and
honors native traditions and values.
(2) Coordination.--The memorandum of understanding or
cooperative agreement described in paragraph (1) shall
formalize a role for the organization or entity to serve as a
facilitator between the Secretary of the Interior and the
Secretary of Commerce and the Indian tribes and tribal
organizations--
(A) to identify areas where technical assistance is
needed through consultations with Indian tribes and
tribal organizations to empower the Indian tribes and
tribal organizations to participate fully in the
tourism industry; and
(B) to provide a means for the delivery of
technical assistance and coordinate the delivery of the
assistance to Indian tribes and tribal organizations in
collaboration with the Secretary of the Interior, the
Secretary of Commerce, and other entities with
distinctive experience, as appropriate.
(3) Funding.--Subject to the availability of
appropriations, the head of each Federal agency, including the
Secretary of the Interior, the Secretary of Commerce, the
Secretary of Transportation, the Secretary of Agriculture, the
Secretary of Health and Human Services, and the Secretary of
Labor shall obligate any funds made available to the head of
the agency to cover any administrative expenses incurred by the
organization or entity described in paragraph (1) in carrying
out programs or activities of the agency.
(4) Metrics.--The Secretary of the Interior and the
Secretary of Commerce shall coordinate with the organization or
entity described in paragraph (1) to develop metrics to measure
the effectiveness of the entity or organization in
strengthening tourism opportunities for Indian tribes and
tribal organizations.
(e) Reports.--Not later than 1 year after the date of enactment of
this Act, and occasionally thereafter, the Secretary of the Interior
and the Secretary of Commerce shall each submit to the Committee on
Indian Affairs of the Senate and the Committee on Natural Resources of
the House of Representatives a report that describes--
(1) the manner in which the Secretary of the Interior or
the Secretary of Commerce, as applicable, is including Indian
tribes and tribal organizations in management plans;
(2) the efforts of the Secretary of the Interior or the
Secretary of Commerce, as applicable, to develop departmental
and agency tourism plans to support tourism programs of Indian
tribes and tribal organizations;
(3) the manner in which the entity or organization
described in subsection (d)(1) is working to promote tourism to
empower Indian tribes and tribal organizations to participate
fully in the tourism industry; and
(4) the effectiveness of the entity or organization
described in subsection (d)(1) based on the metrics developed
under subsection (d)(4).
SEC. 5. NATIVE AMERICAN TOURISM AND BRANDING ENHANCEMENT.
(a) In General.--The head of each agency shall--
(1) take actions that help empower Indian tribes and tribal
organizations to showcase the heritage, foods, traditions,
history, and continuing vitality of the Indian tribes and
tribal organizations;
(2) support the efforts of Indian tribes and tribal
organizations--
(A) to identify and enhance or maintain traditions
and cultural features that are important to sustain the
distinctiveness of the local Native American community;
and
(B) to provide visitor experiences that are
authentic and respectful;
(3) provide assistance to interpret the connections between
the indigenous peoples of the United States and the national
identity of the United States;
(4) enhance efforts to promote understanding and respect
for diverse cultures and subcultures in the United States and
the relevance of those cultures to the national brand of the
United States; and
(5) enter into appropriate memoranda of understanding and
establish public-private partnerships to ensure that arriving
domestic travelers at airports and arriving international
visitors at ports of entry are welcomed in a manner that both
showcases and respects the diversity of Indian tribes and
tribal organizations.
(b) Grants.--To the extent practicable, grants administered by the
Commissioner of the Administration for Native Americans, Chairman of
the National Endowment for the Arts, Chairman of the National Endowment
for the Humanities, and any other grant program administered by the
head of an agency for which Indian tribes or tribal organizations are
eligible may be used--
(1) to support the efforts of Indian tribes and tribal
organizations to tell the story of those Indian tribes and
tribal organizations as the First Peoples of the United States;
(2) to use the arts and humanities to help revitalize
Native communities, promote economic development, increase
livability, and present the uniqueness of the United States to
visitors in a way that celebrates the diversity of the United
States; and
(3) to carry out this section.
(c) Smithsonian.--The Advisory Council and the Board of Regents of
the Smithsonian Institution shall work with Indian tribes, tribal
organizations, and nonprofit organizations to establish long-term
partnerships with non-Smithsonian museums and educational and cultural
organizations--
(1) to share collections, exhibitions, interpretive
materials, and educational strategies; and
(2) to conduct joint research and collaborative projects
that would support tourism efforts for Indian tribes and tribal
organizations and carry out the intent of this section.
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Native American Tourism and Improving Visitor Experience Act or the NATIVE Act This bill requires the Department of Commerce, the Department of the Interior, and federal agencies with recreational travel or tourism functions to update their management plans and tourism initiatives to include Indian tribes and tribal organizations. Plans must include proposals for improving collection and provision of tourism information and assisting Native American communities. Interior and Commerce must: (1) work with a facilitator to provide technical assistance to Indian tribes and tribal organizations regarding participation in the tourism industry, and (2) report on departmental efforts supporting such participation. Federal agencies must support the cultural activities of Indian tribes and tribal organizations and carry out activities to promote understanding and awareness of Indian tribes and tribal organizations. Any grants for which Indian tribes or tribal organizations are eligible may be used to: (1) support their efforts to present their story and culture, (2) revitalize Native American communities using the arts and humanities, and (3) carry out this Act. The Smithsonian Institution must work with Indian tribes, tribal organizations, and nonprofits to share collections and conduct joint research and projects with museums, educational organizations, and cultural organizations.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bioterrorism Awareness Act''.
SEC. 2. BIOTERRORISM WEBSITE.
(a) In General.--The Director of the Centers for Disease Control
and Prevention (referred to in this section as the ``Director'') shall
award a grant to 1 entity to create and maintain the official Federal
Government website containing comprehensive information about
bioterrorism.
(b) Purpose.--The purpose of the website referred to in subsection
(a) is to create an integrated website that serves as the official
Federal Government source of information for the public and targeted
populations containing accurate, scientifically-based information about
bioterrorism.
(c) Duration.--The grant awarded under this section shall extend
for a period of 3 years. If the entity receiving such grant desires to
extend such grant beyond the 3-year period, such entity may submit an
application to the Director for an extension of 2 years.
(d) Qualifications.--In awarding the grant under this section, the
Director shall select an entity that has demonstrated successful
experience in--
(1) research on bioterrorism and public health;
(2) development of websites and distribution of
information; and
(3) working with Federal Government agencies.
(e) Deadline.--Not later than 180 days after the date of enactment
of this section, the entity awarded the grant under this section shall
create the website described in this section.
(f) Consultation.--The entity awarded a grant under this section
shall receive the approval of the Director, or its designee, prior to
the placement of information on the website. In approving information
to be included in the website, the Director, or designee, shall
consult, where appropriate, with representatives of--
(1) the Department of Defense;
(2) the Department of Justice;
(3) the Federal Emergency Management Agency;
(4) the Department of Agriculture;
(5) the Department of Health and Human Services;
(6) the Department of Labor;
(7) the Environmental Protection Agency; and
(8) any other Federal agency that has jurisdiction over
bioterrorism.
(g) Content.--The website referred to in subsection (a) shall
contain scientifically-based information regarding--
(1) the definition of bioterrorism;
(2) the potential consequences of bioterrorism and other
risks associated with bioterrorism;
(3) how to recognize physical symptoms that may result from
a bioterrorist attack;
(4) what the public can do to prepare for a bioterrorist
attack;
(5) how parents can talk to their children about
bioterrorism;
(6) how teachers can talk to their students about
bioterrorism, including science teachers;
(7) how farmers and other personnel involved in the
Nation's food supply system may protect themselves, their
livestock, and the Nation's food supply in the case of a
bioterrorist attack;
(8) chemical warfare, and the differences between
bioterrorism and chemical warfare;
(9) vaccines for possible terrorist agents that are
available to the public, including information regarding the
availability and effectiveness of such vaccines; and
(10) other situations or consequences of bioterrorism, or
any other information, that the entity, with the approval of
the Director or its designee, determines should be included.
(h) Organization.--The website referred to in subsection (a) shall
contain targeted sections with specific information for--
(1) health care professionals, public health professionals,
pharmacists, personnel working in laboratories, veterinarians,
and individuals in business and industry;
(2) children, parents, and teachers (including age-
appropriate educational material); and
(3) farmers and other individuals involved in the Nation's
food supply.
(i) Links.--The website referred to in subsection (a) shall contain
links to appropriate State and local agencies.
(j) Use of Funds.--The entity that receives the grant awarded under
this section shall use funds received through such grant to--
(1) create and maintain the website on bioterrorism as
described in this section;
(2) consult with public and private entities in the
gathering of essential information regarding bioterrorism, and
any other experts who may provide pertinent information
regarding bioterrorism;
(3) continually update the website with the most up-to-date
information regarding bioterrorism;
(4) consult State and local representatives regarding how
to develop links to State and local agencies;
(5) develop and implement a marketing strategy to raise
public awareness about the availability of the website; and
(6) make the information on the website available for sale
to the public, at cost, in alternative forms such as CD Roms
and printed materials.
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $3,000,000 for fiscal year
2002, $1,000,000 for each of the fiscal years 2003, 2004, 2005, and
2006, and such sums as may be necessary for subsequent fiscal years.
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Bioterrorism Awareness Act - Requires the Director of the Centers for Disease Control and Prevention to award an initial three-year grant to create and maintain an official Federal bioterrorism information website.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Japan Currency Manipulation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Japanese yen is, by any measure, in fundamental
misalignment with every major currency and, according to the
Bank of Japan, is now trading at the lowest trade-weighted
average in the last 20 years.
(2) The Board of Governors of the Federal Reserve System
reported, in a January 2004 working paper, ``Since the early
1990s, the monetary authorities of the major industrialized
countries, with one notable exception, have greatly curtailed
their foreign exchange interventions. That exception has been
Japan, where the Ministry of Finance has continued to intervene
frequently--and at times massively--in foreign exchange
markets.''.
(3) The fundamental cause of Japan's exchange-rate
misalignment is a set of deliberate policy decisions by the
Government of Japan designed to artificially suppress the world
market value of the yen in order to increase Japanese exports
substantially.
(4) Japan's $875,000,000,000 in foreign currency reserve
holdings are the second largest in the world, far exceeding any
reasonable economic justification and extremely
disproportionate to the foreign currency reserves held by other
industrialized nations.
(5) The United States trade deficit with Japan is the
second highest--$88,000,000,000 in 2006--and trade in
automobiles and automobile parts makes up two-thirds of the
trade deficit.
(6) Japan has maintained a massive and consistently large
current account trade deficit with the United States for more
than 25 years, with the majority of that deficit attributable
to automobiles and automobile parts.
(7) At the current average rate of exchange of 117 Japanese
yen to the United States dollar, Japan is providing a $3,600
subsidy for a typical family 4-door sedan made in Japan, a
$9,700 subsidy for upper-end and luxury vehicles made in Japan,
and thousands of dollars in cost advantages for Japanese
automobiles made in the United States with imported Japanese
automobile parts.
(8) The exchange-rate misalignment of the Japanese yen with
respect to the United States dollar effectively provides a
subsidy to Japanese exporters and an unfair competitive
advantage for Japanese automobile manufacturers over United
States automobile manufacturers.
SEC. 3. DEFINITIONS.
In this Act:
(1) Currency intervention.--The term ``currency
intervention'' means--
(A) direct currency intervention, such as purchases
of United States dollars and sales of Japanese yen that
are greater than such purchases and sales for the
preceding 3-year period with a correlating effect of
countering the appreciation of the Japanese yen; and
(B) indirect currency intervention, such as
comments by officials of the Government of Japan on the
value of the Japanese yen that are accompanied by a
correlated change in the rate of exchange of the
Japanese yen with respect to the United States dollar
and other currencies.
(2) Exchange-rate misalignment.--
(A) In general.--The term ``exchange-rate
misalignment'' means an undervaluation of the Japanese
yen as a result of protracted large-scale currency
intervention by or at the direction of the Government
of Japan in the exchange market. An undervaluation
exists if the observed exchange rate for the Japanese
yen is below the rate of exchange that could reasonably
be expected for the Japanese yen absent the
intervention.
(B) Factors.--In determining whether exchange-rate
misalignment is occurring and a benefit thereby is
conferred, the Secretary in each case--
(i) shall consider Japan's--
(I) bilateral balance-of-trade
surplus or deficit with the United
States;
(II) balance-of-trade surplus or
deficit with its other trading partners
individually and in the aggregate;
(III) foreign direct investment in
its territory;
(IV) currency-specific and
aggregate amounts of foreign currency
reserve holdings; and
(V) mechanisms employed to maintain
the Japanese yen at an undervalued rate
of exchange with respect to the United
States dollar and other currencies and,
particularly, the nature, duration, and
monetary expenditures of those
mechanisms;
(ii) may consider such other economic
factors as are relevant; and
(iii) shall measure the trade surpluses or
deficits described in subclauses (I) and (II)
of clause (i) with reference to the trade data
reported by the United States and the other
trading partners of Japan, unless such trade
data are not available or are demonstrably
inaccurate, in which case Japan's trade data
may be relied upon if shown to be sufficiently
accurate and trustworthy.
(C) Computation.--In quantifying exchange-rate
misalignment, the Secretary shall develop and apply an
objective methodology that is consistent with widely
recognized macroeconomic theory and shall rely upon
governmentally published and other publicly available
and reliable data.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 4. REPORT ON CURRENCY INTERVENTION AND EXCHANGE-RATE MISALIGNMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary
shall submit to Congress a report on--
(1) currency intervention by the Government of Japan with
respect to the rate of exchange of the Japanese yen and the
United States dollar and other currencies since 2000; and
(2) any effort by the Government of Japan to create an
exchange-rate misalignment of the Japanese yen with respect to
the United States dollar and other currencies since March 2004.
(b) Contents of Report.--
(1) Currency intervention by the government of japan since
2000.--The report required by subsection (a) shall include--
(A) a description of all known and reported
incidents of direct or indirect currency intervention
by the Government of Japan undertaken to adjust the
rate of exchange between the Japanese yen and the
United States dollar and other currencies since 2000;
(B) a description of all other incidents of
currency intervention by the Government of Japan that
have not been reported but in which the Secretary knew
or suspected the Government of Japan had participated;
and
(C) for each incident of currency intervention
described in subparagraphs (A) and (B), a justification
for the reasons the United States did not consider the
incident of currency intervention, or report or act
upon the incident of currency intervention, under--
(i) the Exchange Rates and International
Economic Policy Coordination Act of 1988 (22
U.S.C. 5301 et seq.);
(ii) title III of the Trade Act of 1974 (19
U.S.C. 2411 et seq.); or
(iii) section 2102(c)(12) of the Bipartisan
Trade Promotion Authority Act of 2002 (19
U.S.C. 3802(c)(12)).
(2) Exchange-rate misalignment since march 2004.--The
report required by subsection (a) shall also include a
description of any efforts by the Government of Japan since
March 2004 to create or maintain the exchange-rate misalignment
of the Japanese yen with respect to the United States dollar
and other currencies, including through--
(A) statements made by officials of the Government
of Japan regarding the value or movement of the
Japanese yen that affect the rate of exchange of the
Japanese yen with respect to the United States dollar
and other currencies;
(B) covert exchange rate policies or attempts to
increase foreign currency reserve holdings or attain
material global current account surpluses;
(C) directives that alter investments of pensions
plans and insurance companies in order to gain an
unfair competitive advantage in international trade;
and
(D) any other effort to prevent effective balance
of payments adjustments or to gain an unfair
competitive advantage in international trade.
SEC. 5. PROPOSAL FOR JOINT UNITED STATES-EUROPEAN UNION PLAN TO ADDRESS
THE EXCHANGE-RATE MISALIGNMENT OF THE JAPANESE YEN.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a proposal for a comprehensive joint United States-
European Union plan to address the exchange-rate misalignment of the
Japanese yen with respect to the United States dollar and other
currencies.
(b) Consultations.--The Secretary shall develop the proposal
described in subsection (a) in consultation with--
(1) the Board of Governors of the Federal Reserve System;
(2) the Council of Economic Advisors;
(3) the Secretary of Commerce; and
(4) the Secretary of State.
(c) Contents.--The proposal described in subsection (a) shall
include a commitment to raise the issue of the exchange-rate
misalignment of the Japanese yen with respect to the United States
dollar and other currencies at each meeting of the G-7 Finance
Ministers and each meeting of the G-7 Leaders until the Japanese yen is
no longer in exchange-rate misalignment with respect to the United
States dollar and other currencies.
SEC. 6. CONSULTATIONS WITH JAPAN.
Not later than 30 days after the date of the enactment of this Act,
the Secretary, in consultation with the Council of Economic Advisors,
shall initiate consultations with the Government of Japan for the
purpose of decreasing the foreign currency reserve holdings of the
Government of Japan to permit effective balance of payments adjustments
and to eliminate the unfair competitive advantage in international
trade.
SEC. 7. RESPONSE TO FUTURE CURRENCY INTERVENTION.
In the case of a direct or indirect act of currency intervention by
the Government of Japan that has the effect of decreasing the rate of
exchange of the Japanese yen with respect to the United States dollar
to prevent effective balance of payments adjustments or to gain an
unfair competitive advantage in international trade, the Secretary
shall immediately take action unilaterally, bilaterally, or
multilaterally, to dissuade, prevent, or object to such action.
SEC. 8. MEETING OF THE INTERNATIONAL MONETARY FUND.
The United States shall call for the convening of a special meeting
of the International Monetary Fund to reach a multilateral agreement
addressing--
(1) the exchange-rate misalignment of the Japanese yen with
respect to the United States dollar and other currencies;
(2) the destabilizing effects of the exchange-rate
misalignment of the Japanese yen; and
(3) the excessive foreign currency reserve holdings of the
Government of Japan.
SEC. 9. REPORT ON PROGRESS.
Not later than 180 days after the date of the enactment of this
Act, and every 180 days thereafter, the Secretary shall report to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives on--
(1) the progress made toward decreasing the foreign
currency reserve holdings of the Government of Japan;
(2) actions taken at meetings of the G-7 Leaders, the G-7
Finance Ministers, and the International Monetary Fund
regarding the exchange-rate misalignment of the Japanese yen
with respect to the United States dollar and other currencies;
and
(3) the progress toward eliminating the exchange-rate
misalignment of the Japanese yen with respect to the United
States dollar and other currencies.
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Japan Currency Manipulation Act - Directs the Secretary of the Treasury to report to Congress on: (1) currency intervention by Japan with respect to the rate of exchange of the Japanese yen and the U.S. dollar and other currencies since 2000; and (2) any effort by Japan to create an exchange-rate misalignment of the Japanese yen with respect to the U.S. dollar and other currencies since March 2004.
Requires the Secretary to submit to Congress a proposal for a comprehensive joint U.S.-European Union plan to address the exchange-rate misalignment of the Japanese yen with respect to the U.S. dollar and other currencies.
Directs the Secretary to: (1) initiate consultations with Japan to decrease Japan's foreign currency reserve holdings to permit effective balance of payments adjustments and to eliminate its unfair competitive advantage in international trade; and (2) take appropriate action to dissuade, prevent, or object to currency intervention by Japan.
Directs the United States to call for the convening of a special meeting of the International Monetary Fund (IMF) to reach a multilateral agreement regarding: (1) the exchange-rate misalignment of the Japanese yen with respect to the U.S. dollar and other currencies; (2) the destabilizing effects of the exchange-rate misalignment of the Japanese yen; and (3) Japan's excessive foreign currency reserve holdings.
Directs the Secretary to report to Congress on: (1) progress made toward decreasing Japan's foreign currency reserve holdings; and (2) actions taken at meetings of the G-7 Leaders, G-7 Finance Ministers, and the IMF regarding the exchange-rate misalignment of the Japanese yen with respect to the U.S. dollar and other currencies, including any progress toward eliminating such misalignment.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Homeowner Relief Act of
2010''.
SEC. 2. DEDUCTION FOR LOSS FROM SALE OF PRINCIPAL RESIDENCE.
(a) In General.--Part VII of subchapter B of chapter I of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. LOSS FROM SALE OF PRINCIPAL RESIDENCE.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year any loss
recognized on the sale or exchange of property during the taxable year
if, during the 5-year period ending on the date of the sale or
exchange, such property has been owned and used by the taxpayer as the
taxpayer's principal residence for periods aggregating 2 years or more.
``(b) Limitations.--
``(1) Aggregate limitation.--The aggregate amount allowed
as a deduction under subsection (a) for all taxable years shall
not exceed $9,000.
``(2) Annual limitation.--
``(A) In general.--The amount allowed to a taxpayer
as a deduction under subsection (a) for a taxable year
shall not exceed $3,000.
``(B) Carryforward.--If the deduction allowable
under subsection (a) for any taxable year exceeds the
limitation imposed by subparagraph (A) for the taxable
year, the excess shall be carried to each of the 2
succeeding taxable years and added to the deduction
allowable under subsection (a) for such succeeding
year.
``(3) Exclusion of loss allocated to nonqualified use.--
``(A) In general.--Subsection (a) shall not apply
to so much of the loss from the sale or exchange of
property as is allocated to periods of nonqualified
use.
``(B) Allocation.--For purposes of subparagraph
(A), loss shall be allocated to periods of nonqualified
use based on the ratio which--
``(i) the aggregate periods of nonqualified
use during the period such property was owned
by the taxpayer, bears to
``(ii) the period such property was owned
by the taxpayer.
``(C) Period of nonqualified use; coordination with
recognition of gain attributable to depreciation.--For
purposes of this paragraph, rules similar to the rules
of subparagraphs (C) and (D) of section 121(b)(5) shall
apply.
``(4) Application to only 1 sale.--
``(A) In general.--Subsection (a) shall not apply
to more than 1 sale or exchange of a principal
residence by the taxpayer.
``(B) Special rule for joint returns.--In the case
of a joint return with respect to the sale or exchange
of a principal residence, if a deduction was allowable
under subsection (a) to a spouse for a prior sale or
exchange of a principal residence, paragraphs (1) and
(2)(A) shall be applied by reducing the dollar amounts
therein by the deduction so allowable (one-half of such
deduction in the case of a joint return).
``(5) Sale or exchange with related person.--
``(A) In general.--Subsection (a) shall not apply
to any sale or exchange to a related person.
``(B) Related person.--For purposes of this
subparagraph (A), a person (hereinafter in this
subparagraph referred to as the `related person') is
related to any person if--
``(i) the related person bears a
relationship to such person specified in
section 267(b) or section 707(b)(1), or
``(ii) the related person and such person
are engaged in trades or business under common
control (within the meaning of subsections (a)
and (b) of section 52).
For purposes of clause (i), in applying section 267(b)
or 707(b)(1), `10 percent' shall be substituted for `50
percent'.
``(c) Home Sales Price Must Be Consistent With Local Market.--The
sale or exchange of a principal residence shall not be taken into
account for purposes of subsection (a) unless the taxpayer demonstrates
to the satisfaction of the Secretary that the price for which such home
is sold (or value received in the case of an exchange) is consistent
with local property values of dwellings of a similar size and condition
at the time of such sale or exchange.
``(d) Applicable Rules.--For purposes of this section, rules
similar to the rules of subsection (d) of section 121 shall apply,
except that paragraph (6) thereof shall be applied by substituting
`loss' for `gain'.
``(e) Election To Have Section Not Apply.--This section shall not
apply to any sale or exchange with respect to which the taxpayer elects
not to have this section apply.
``(f) Termination.--The section shall not apply to the sale or
exchange of a principal residence after December 31, 2012.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting
before the last sentence the following new paragraph:
``(22) Loss from sale of principal residence.--The
deduction allowed by section 224.''.
(c) Conforming Amendments.--
(1) Section 165(c) of such Code is amended by striking
``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``; and'', and by
inserting after paragraph (3) the following new paragraph:
``(4) to the extent provided in section 224, losses from
the sale or exchange of a principal residence.''.
(2) Section 165(f) of such Code is amended by inserting
``and in section 224 in the case of losses from the sale or
exchange of a principal residence'' before the period at the
end.
(d) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 224 and inserting the following:
``Sec. 224. Loss from sale of principal residence.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. WAIVER OF FANNIE MAE AND FREDDIE MAC WAITING PERIOD
REQUIREMENTS AFTER SHORT SALE FOR CERTAIN MORTGAGORS.
(a) In General.--The Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation shall waive the applicability of
any short sale waiting period requirement with respect to the purchase
and any commitment to purchase, by such Association or Corporation, of
a covered mortgage if the mortgagor under such covered mortgage--
(1) was, at the time of the short sale of the principal
dwelling of such mortgagor that was subject to the previous
mortgage, current on all payments due under the mortgage
satisfied by such short sale; and
(2) has a credit score greater than the equivalent of a
FICO score of 679.
(b) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Covered mortgage.--The term ``covered mortgage'' means
a mortgage under which the mortgagor is an individual who was
previously the mortgagor under another mortgage on the
principal dwelling of such mortgagor, which principal dwelling
was sold in a short sale.
(2) Short sale.--The term ``short sale'', with respect to
an individual, has the meaning given such term under section
605(a)(7)(B) of the Fair Credit Reporting Act.
(3) Short sale waiting period requirement.--The term
``short sale waiting period requirement'' means any
underwriting or other requirement of the Federal National
Mortgage Association or the Federal Home Loan Mortgage
Corporation that requires, for the purchase by such Association
or Corporation of a mortgage under which the mortgagor is an
individual who was previously the mortgagor under another
mortgage that was sold in a short sale, that any minimum period
of time elapse after the occurrence of such short sale.
(c) Sunset.--The provisions of this section shall cease to be
effective on and after January 1, 2013.
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Responsible Homeowner Relief Act of 2010 - Amends the Internal Revenue Code to allow an individual taxpayer a deduction from gross income for loss from the sale or exchange of a principal residence in which such taxpayer resided for at least two years during the five-year period prior to the sale. Limits the aggregate amount of such deduction to $9,000, allowable in three annual installments of $3,000. Terminates such deduction after 2012.
Requires the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to waive any short sale waiting period requirement for certain mortgagors who refinance their mortgage in a short sale. Terminates such waiver authority on January 1, 2013.
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Change the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraq Cultural Heritage Protection
Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``archaeological material of Iraq''--
(A) means any object or fragment or part of an
object, including human and animal skeletal remains and
plant and floral remains, that was first found within
the borders of Iraq as such borders existed on August
2, 1990, and that--
(i) was built, manufactured, sculpted,
produced, or written by humans;
(ii) is at least 100 years old; and
(iii) was discovered as a result of
scientific excavation, illegal or clandestine
digging, accidental discovery, or exploration
on land or under water; and
(B) includes all human and animal skeletal remains,
as well as floral and botanical remains, that are found
in association with archaeological material described
in subparagraph (A); and
(2) the term ``cultural material of Iraq'' means any
object, regardless of age, including manuscripts, and materials
used for traditional or religious ceremonial purposes, or a
fragment or part of an object, that was, on or after August 2,
1990, in the care of Iraq's cultural or religious institutions
and is of historic, artistic, religious, scientific, or
cultural interest.
SEC. 3. IMPORT RESTRICTION.
(a) Import Prohibition.--No archaeological material of Iraq or
cultural material of Iraq that was removed from Iraq after Executive
Order 12722 of August 2, 1990, was issued may be imported into the
United States, unless the Government of Iraq issues a certification or
other documentation certifying that the exportation of the material
from Iraq was not in violation of the laws of Iraq.
(b) Customs Action in Absence of Documentation.--If the consignee
of any archaeological material of Iraq or cultural material of Iraq is
unable to present to the appropriate customs officer at the time of
making entry of such material the certification or other documentation
by the Government of Iraq required under subsection (a), the customs
officer shall refuse to release the material from customs custody, and
shall send it to a bonded warehouse or store to be held at the risk and
expense of the consignee, notwithstanding any other provision of law,
until such certification or other documentation is filed with such
officer. If such certification or other documentation is not presented
within 90 days after the date on which such material is refused release
from customs custody, or such longer period as may be allowed by the
Secretary of the Treasury for good cause shown, the material shall be
subject to seizure and forfeiture.
SEC. 4. FORFEITURE OF UNLAWFUL IMPORTS.
(a) Seizure.--Archaeological material of Iraq or cultural material
of Iraq that is imported into the United States in violation of this
Act shall be seized and subject to forfeiture under the customs laws of
the United States. All provisions of law relating to seizure,
forfeiture, and condemnation for violation of the customs laws shall
apply to seizures and forfeitures under this Act, insofar as those
provisions of law are applicable to, and not inconsistent with, the
provisions of this Act.
(b) Disposition of Articles.--Any archaeological material of Iraq
or cultural material of Iraq that is forfeited to the United States
under this Act shall be returned to the country of Iraq.
SEC. 5. COUNTRY OF ORIGIN.
In applying the Tariff Act of 1930 or any other provision of the
customs laws of the United States to an article that is an object, or
fragment of an object, discovered as a result of scientific excavation,
illegal or clandestine digging, accidental discovery, or exploration on
land or under water, the country of origin of the object or fragment is
the country within whose borders, as they exist at the time the object
or fragment is imported, or attempted to be imported, into the United
States, the object or fragment was first discovered or excavated.
SEC. 6. AMENDMENTS TO CONVENTION ON CULTURAL PROPERTY IMPLEMENTATION
ACT.
(a) Definition of Archaeological or Ethnological Material.--Section
302(2)(i)(II) of the Convention on Cultural Property Implementation Act
(19 U.S.C. 2601(2)(i)(II)) is amended by striking ``two hundred and
fifty years'' and inserting ``100''.
(b) Emergency Implementation of Import Restrictions.--Section 304
of the Convention on Cultural Property Implementation Act (19 U.S.C.
2603) is amended--
(1) by striking ``State Party'' each place it appears and
inserting ``country''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (2);
(B) by striking paragraph (3) and inserting the
following:
``(1) No import restrictions under section 307 may be
applied under this section to the archaeological or
ethnological materials of any country for more than 10 years
after the date on which the notice in the Federal Register
imposing such restrictions is published. Such 10-year period
may be extended by the President if the President determines
that the emergency condition continues to apply with respect to
the archaeological or ethnological material.''; and
(C) in paragraph (4)--
(i) by redesignating such paragraph as
paragraph (2); and
(ii) by striking ``paragraph (3)'' and
inserting ``paragraph (1)''.
(c) Conforming Amendments.--The Convention on Cultural Property
Implementation Act is amended--
(1) in section 302 (19 U.S.C. 2601)--
(A) in paragraph (2)--
(i) by amending the matter preceding
subparagraph (A) to read as follows:
``(2) The term `archaeological or ethnological material' of
a State Party or othercountry means--''; and
(ii) in the matter following subparagraph
(C), by inserting ``or other country'' after
``State Party''; and
(B) in paragraph (7), by inserting ``or another
country'' after ``State Party'';
(2) in section 305 (19 U.S.C. 2604) in the first sentence,
by striking ``by such action'' and inserting ``the country
covered by such action'';
(3) in section 307 (19 U.S.C. 2606)--
(A) in subsection (a)--
(i) by striking ``State Party'' the first
place it appears and inserting ``the country
concerned''; and
(ii) by striking ``the State Party'' each
subsequent place it appears and inserting
``that country''; and
(B) in subsections (b) and (c), by striking ``the
State Party'' each place it appears and inserting ``the
country concerned''; and
(4) in section 310(b) (19 U.S.C. 2609(b)) by striking
``State Party'' each place it appears and inserting ``country
concerned''.
(d) Extension of Agreements.--Section 303(e) of the Convention on
Cultural Property Implementation Act (19 U.S.C. 2602(e)) is amended by
striking ``five years'' and inserting ``10 years''.
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Iraq Cultural Heritage Protection Act - Bans the importation into the United States of any archaeological or cultural material of Iraq that was removed from Iraq after the issuance of Executive Order 12722 of August 2, 1990, unless the Government of Iraq certifies that the exportation of such material from Iraq was not in violation of Iraqi law. Requires U.S. custom officers to detain such material until it can be certified as legally exported from Iraq.
Subjects to seizure and forfeiture any Iraqi archaeological or cultural material that is illegally imported into the United States or that cannot be certified as legally exported from Iraq. Requires the return to Iraq of any archaeological or cultural material forfeited under this Act.
Defines "country of origin" for purposes of applying U.S. tariff and customs laws to certain archaeological materials.
Amends the Convention on Cultural Property Implementation Act to: (1) redefine an object of archaeological interest as one that is at least 100 years old (currently, at least 250 years old); (2) limit the period during which import restrictions under the Act may be placed on the archaeological or ethnological material of any country to ten years (subject to extensions by the President for emergency conditions) after the date such restrictions are published in the Federal Register; and (3) extend from five to ten years the effective period of bilateral or multilateral agreements for import restrictions on archaeological or ethnological materials.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Infrastructure Flexibility
Act''.
SEC. 2. DEFINITION OF ADMINISTRATOR.
In this Act, the term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
SEC. 3. INTEGRATED PLANS.
(a) Integrated Plans.--Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) is amended by adding at the end the
following:
``(s) Integrated Plan Permits.--
``(1) Definitions.--In this subsection:
``(A) Green infrastructure.--The term `green
infrastructure' means the range of measures that use
plant or soil systems, permeable pavement or other
permeable surfaces or substrates, stormwater harvest
and reuse, or landscaping to store, infiltrate, or
evapotranspirate stormwater and reduce flows to sewer
systems or to surface waters.
``(B) Integrated plan.--The term `integrated plan'
has the meaning given in Part III of the Integrated
Municipal Stormwater and Wastewater Planning Approach
Framework, issued by the Environmental Protection
Agency and dated June 5, 2012.
``(C) Municipal discharge.--
``(i) In general.--The term `municipal
discharge' means a discharge from a treatment
works (as defined in section 212) or a
discharge from a municipal storm sewer under
subsection (p).
``(ii) Inclusion.--The term `municipal
discharge' includes a discharge of wastewater
or storm water collected from multiple
municipalities if the discharge is covered by
the same permit issued under this section.
``(2) Integrated plan.--
``(A) In general.--The Administrator (or a State,
in the case of a permit program approved under
subsection (b)) shall inform a municipal permittee or
multiple municipal permittees of the opportunity to
develop an integrated plan.
``(B) Scope of permit incorporating integrated
plan.--A permit issued under this subsection that
incorporates an integrated plan may integrate all
requirements under this Act addressed in the integrated
plan, including requirements relating to--
``(i) a combined sewer overflow;
``(ii) a capacity, management, operation,
and maintenance program for sanitary sewer
collection systems;
``(iii) a municipal stormwater discharge;
``(iv) a municipal wastewater discharge;
and
``(v) a water quality-based effluent
limitation to implement an applicable wasteload
allocation in a total maximum daily load.
``(3) Compliance schedules.--
``(A) In general.--A permit for a municipal
discharge by a municipality that incorporates an
integrated plan may include a schedule of compliance,
under which actions taken to meet any applicable water
quality-based effluent limitation may be implemented
over more than 1 permit term if the compliance
schedules are authorized by State water quality
standards.
``(B) Inclusion.--Actions subject to a compliance
schedule under subparagraph (A) may include green
infrastructure if implemented as part of a water
quality-based effluent limitation.
``(C) Review.--A schedule of compliance may be
reviewed each time the permit is renewed.
``(4) Existing authorities retained.--
``(A) Applicable standards.--Nothing in this
subsection modifies any obligation to comply with
applicable technology and water quality-based effluent
limitations under this Act.
``(B) Flexibility.--Nothing in this subsection
reduces or eliminates any flexibility available under
this Act, including the authority of--
``(i) a State to revise a water quality
standard after a use attainability analysis
under section 131.10(g) of title 40, Code of
Federal Regulations (as in effect on the date
of enactment of this subsection), subject to
the approval of the Administrator under section
303(c); and
``(ii) the Administrator or a State to
authorize a schedule of compliance that extends
beyond the date of expiration of a permit term
if the schedule of compliance meets the
requirements of section 122.47 of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this subsection).
``(5) Clarification of state authority.--
``(A) In general.--Nothing in section 301(b)(1)(C)
precludes a State from authorizing in the water quality
standards of the State the issuance of a schedule of
compliance to meet water quality-based effluent
limitations in permits that incorporate provisions of
an integrated plan.
``(B) Transition rule.--In any case in which a
discharge is subject to a judicial order or consent
decree as of the date of enactment of the Water
Infrastructure Flexibility Act resolving an enforcement
action under this Act, any schedule of compliance
issued pursuant to an authorization in a State water
quality standard shall not revise or otherwise affect a
schedule of compliance in that order or decree unless
the order or decree is modified by agreement of the
parties and the court.''.
(b) Municipal Ombudsman.--
(1) Establishment.--There is established within the Office
of the Administrator an Office of the Municipal Ombudsman.
(2) General duties.--The duties of the municipal ombudsman
shall include the provision of--
(A) technical assistance to municipalities seeking
to comply with the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) and the Safe Drinking Water
Act (42 U.S.C. 300f et seq.); and
(B) information to the Administrator to help the
Administrator ensure that agency policies are
implemented by all offices of the Environmental
Protection Agency, including regional offices.
(3) Actions required.--The municipal ombudsman shall work
with appropriate offices at the headquarters and regional
offices of the Environmental Protection Agency to ensure that
the municipality seeking assistance is provided information--
(A) about available Federal financial assistance
for which the municipality is eligible;
(B) about flexibility available under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.)
and, if applicable, the Safe Drinking Water Act (42
U.S.C. 300f et seq.); and
(C) regarding the opportunity to develop an
integrated plan, as defined in section 402(s)(1)(B) of
the Federal Water Pollution Control Act (as added by
subsection (a)).
(4) Priority.--In carrying out paragraph (3), the municipal
ombudsman shall give priority to any municipality that
demonstrates affordability concerns relating to compliance with
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.).
(5) Information sharing.--The municipal ombudsman shall
publish on the website of the Environmental Protection Agency--
(A) general information relating to--
(i) the technical assistance referred to in
paragraph (2)(A);
(ii) the financial assistance referred to
in paragraph (3)(A);
(iii) the flexibility referred to in
paragraph 3(B); and
(iv) any resources related to integrated
plans developed by the Administrator; and
(B) a copy of each permit, order, or judicial
consent decree that implements or incorporates an
integrated plan.
(c) Municipal Enforcement.--Section 309 of the Federal Water
Pollution Control Act (33 U.S.C. 1319) is amended by adding at the end
the following:
``(h) Implementation of Integrated Plans Through Enforcement
Tools.--
``(1) In general.--In conjunction with an enforcement
action under subsection (a) or (b) relating to municipal
discharges, the Administrator shall inform a municipality of
the opportunity to develop an integrated plan, as defined in
section 402(s).
``(2) Modification.--Any municipality under an
administrative order under subsection (a) or settlement
agreement (including a judicial consent decree) under
subsection (b) that has developed an integrated plan consistent
with section 402(s) may request a modification of the
administrative order or settlement agreement based on that
integrated plan.''.
(d) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives and
make publicly available a report on each integrated plan developed and
implemented through a permit, order, or judicial consent decree since
the date of publication of the ``Integrated Municipal Stormwater and
Wastewater Planning Approach Framework'' issued by the Environmental
Protection Agency and dated June 5, 2012, including a description of
the control measures, levels of control, estimated costs, and
compliance schedules for the requirements implemented through an
integrated plan.
SEC. 4. GREEN INFRASTRUCTURE PROMOTION.
Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361
et seq.) is amended--
(1) by redesignating section 519 (33 U.S.C. 1251 note) as
section 520; and
(2) by inserting after section 518 (33 U.S.C. 1377) the
following:
``SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE
PROMOTION.
``(a) In General.--The Administrator shall ensure that the Office
of Water, the Office of Enforcement and Compliance Assurance, the
Office of Research and Development, and the Office of Policy of the
Environmental Protection Agency promote the use of green infrastructure
in and coordinate the integration of green infrastructure into,
permitting programs, planning efforts, research, technical assistance,
and funding guidance.
``(b) Duties.--The Administrator shall ensure that the Office of
Water--
``(1) promotes the use of green infrastructure in the
programs of the Environmental Protection Agency; and
``(2) coordinates efforts to increase the use of green
infrastructure with--
``(A) other Federal departments and agencies;
``(B) State, tribal, and local governments; and
``(C) the private sector.
``(c) Regional Green Infrastructure Promotion.--The Administrator
shall direct each regional office of the Environmental Protection
Agency, as appropriate based on local factors, and consistent with the
requirements of this Act, to promote and integrate the use of green
infrastructure within the region that includes--
``(1) outreach and training regarding green infrastructure
implementation for State, tribal, and local governments, tribal
communities, and the private sector; and
``(2) the incorporation of green infrastructure into
permitting and other regulatory programs, codes, and ordinance
development, including the requirements under consent decrees
and settlement agreements in enforcement actions.
``(d) Green Infrastructure Information Sharing.--The Administrator
shall promote green infrastructure information sharing, including
through an Internet website, to share information with, and provide
technical assistance to, State, tribal, and local governments, tribal
communities, the private sector, and the public regarding green
infrastructure approaches for--
``(1) reducing water pollution;
``(2) protecting water resources;
``(3) complying with regulatory requirements; and
``(4) achieving other environmental, public health, and
community goals.''.
SEC. 5. FINANCIAL CAPABILITY GUIDANCE.
(a) Definitions.--In this section:
(1) Affordability.--The term ``affordability'' means, with
respect to payment of a utility bill, a measure of whether an
individual customer or household can pay the bill without undue
hardship or unreasonable sacrifice in the essential lifestyle
or spending patterns of the individual or household, as
determined by the Administrator.
(2) Financial capability.--The term ``financial
capability'' means the financial capability of a community to
make investments necessary to make water quality or drinking
water improvements.
(3) Guidance.--The term ``guidance'' means the guidance
published by the Administrator entitled ``Combined Sewer
Overflows--Guidance for Financial Capability Assessment and
Schedule Development'' and dated February 1997, as applicable
to the combined sewer overflows and sanitary sewer overflows
guidance published by the Administrator entitled ``Financial
Capability Assessment Framework'' and dated November 24, 2014.
(b) Use of Median Household Income.--The Administrator shall not
use median household income as the sole indicator of affordability for
a residential household.
(c) Revised Guidance.--
(1) In general.--Not later than 1 year after the date of
completion of the National Academy of Public Administration
study to establish a definition and framework for community
affordability required by Senate Report 114-70, accompanying S.
1645 (114th Congress), the Administrator shall revise the
guidance described in subsection (a)(3).
(2) Use of guidance.--Beginning on the date on which the
revised guidance referred to in paragraph (1) is finalized, the
Administrator shall use the revised guidance in lieu of the
guidance described in subsection (a)(3).
(d) Consideration and Consultation.--
(1) Consideration.--In revising the guidance, the
Administrator shall consider--
(A) the recommendations of the study referred to in
subsection (c) and any other relevant study, as
determined by the Administrator;
(B) local economic conditions, including site-
specific local conditions that should be taken into
consideration in analyzing financial capability;
(C) other essential community investments;
(D) potential adverse impacts on distressed
populations, including the percentage of low-income
ratepayers within the service area of a utility and
impacts in communities with disparate economic
conditions throughout the entire service area of a
utility;
(E) the degree to which rates of low-income
consumers would be affected by water infrastructure
investments and the use of rate structures to address
the rates of low-income consumers;
(F) an evaluation of an array of factors, the
relative importance of which may vary across regions
and localities; and
(G) the appropriate weight for economic, public
health, and environmental benefits associated with
improved water quality.
(2) Consultation.--Any revised guidance issued to replace
the guidance shall be developed in consultation with
stakeholders.
(e) Publication and Submission.--
(1) In general.--On completion of the revision of the
guidance, the Administrator shall publish in the Federal
Register and submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the revised
guidance.
(2) Explanation.--If the Administrator makes a
determination not to follow one or more recommendations of the
study referred to in subsection (c)(1), the Administrator shall
include in the publication and submission under paragraph (1)
an explanation of that decision.
(f) Effect.--Nothing in this section preempts or interferes with
any obligation to comply with any Federal law, including the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).
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Water Infrastructure Flexibility Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allow municipalities to develop a plan that integrates wastewater and stormwater management. A permit for a municipal discharge under the national pollutant discharge elimination system that incorporates an integrated plan may integrate all requirements under the Act addressed in the plan. Those permits may include a schedule of compliance that allows actions for meeting water quality-based effluent limitations to be implemented over more than one permit term if the compliance schedules are authorized by state water quality standards. Those actions may include implementing green infrastructure as part of a water quality-based effluent limitation. (Green infrastructure includes measures that mimic natural processes to store, reuse, or reduce stormwater.) The bill establishes an Office of the Municipal Ombudsman in the Environmental Protection Agency (EPA) to provide: (1) technical assistance to municipalities seeking to comply with the Clean Water Act and the Safe Drinking Water Act, and (2) information to the EPA to ensure that agency policies are implemented by all EPA offices. The EPA must ensure that specified EPA offices promote the integration of green infrastructure into permitting programs, planning efforts, research, technical assistance, and funding guidance. The bill establishes requirements for revising the EPA's 1997 guidance about combined sewer overflows, including by setting forth criteria for determining the ability of households to pay utility bills. (Combined sewer systems collect rainwater, sewage, and industrial wastewater into one pipe. During storms, the combined wastewater sometimes exceeds the capacity of the treatment plant. When this occurs, combined sewer overflows discharge directly into water bodies.)
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``African Descent Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The struggle to end discrimination against people of
African descent is a global challenge, and one that is central
to the United States commitment to human rights.
(2) Targeted exclusion, violence, and discrimination
against people of African descent continues around the world.
(3) Issues range from the fight for ancestral lands in
Latin America, hate crimes resulting in injury and death in
Europe, profiling and excessive use of force by law enforcement
in the United States, and continuing global disparities in
health, education, employment, housing, and other sectors.
(4) It is imperative that the world actively address the
vestiges of slavery and colonialism that have long hindered
racial equality and justice and prevented the recognition of
the important contributions of people of African descent to the
world.
(5) The International Decade for People of African Descent,
from January 1, 2015, to December 31, 2025, offers an
opportunity to address these issues domestically and globally
through coordinated government and civil society strategies,
including the private sector.
SEC. 3. ACTIVITIES OF THE DEPARTMENT OF STATE.
(a) Office of Global African Descent Affairs.--Title I of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is
amended by adding at the end the following new section:
``SEC. 63. OFFICE OF GLOBAL AFRICAN DESCENT AFFAIRS.
``(a) Establishment of Office.--Not later than 60 days after the
date of enactment of this section, the Secretary of State shall
establish within the Department of State an Office of Global African
Descent Affairs (in this section referred to as the `Office') in the
Front Office of the Office of the Undersecretary for Public Diplomacy
and Public Affairs.
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be the
Director and Special Advisor to the Secretary on Global African
Descent Affairs (in this section referred to as the `Special
Advisor').
``(2) Appointment.--The Director shall be appointed by the
Secretary.
``(c) Other Personnel.--The Office shall be supported by two senior
Foreign Service officers.
``(d) Functions.--The functions of the Office shall include the
following:
``(1) Advise the Secretary and direct activities, policies,
programs, and funding relating to the human rights and the
advancement of people of African descent internationally, for
all bureaus and offices of the Department of State and shall
lead the coordination, monitoring, and evaluation of relevant
international programs for all other Federal agencies.
``(2) Represent the United States in diplomatic matters
relevant to the human rights of people of African descent in
contacts with foreign governments, intergovernmental
organizations, and specialized agencies of the United Nations,
the Organization of Security and Cooperation in Europe, other
international organizations of which the United States is a
member, relevant multilateral conferences and meetings.
``(3) Lead efforts to promote an international focus on
racial equality more broadly, including through diplomatic
initiatives with other countries and partnerships and regular
and enhanced coordination with international and
nongovernmental organizations and the private sector.
``(4) Manage a $3,000,000 fund for people of African
descent to invest in efficient and innovative solutions to
combat racial discrimination and create economic and political
opportunities for people of African descent internationally.
``(5) Develop a uniform set of indicators and standards for
monitoring and evaluating foreign policy assistance for people
of African descent in Federal agencies.
``(6) Direct, as appropriate, United States Government
resources to respond to needs for protection, integration,
resettlement, and empowerment of people of African descent in
United States Government policies and international programs,
including to prevent and respond to discrimination and violence
against people of African descent internationally.
``(7) Work in collaboration with the Race, Ethnicity, and
Social Inclusion Unit in the Western Hemisphere Bureau Office.
``(8) Compile an annual report on activities of the United
States Government relating to people of African descent to
fulfill the requirements of this section and the African
Descent Act of 2014.
``(e) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
``(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
``(2) People of african descent.--The term `people of
African descent' has the meaning given the term in section 5 of
the African Descent Act of 2014.''.
(b) Annual Human Rights Report.--
(1) In general.--The Foreign Assistance Act of 1961 is
amended--
(A) in section 116 (22 U.S.C. 2151n), by adding at
the end the following new subsection:
``(h) Status of People of African Descent.--
``(1) In general.--The report required under subsection (d)
shall include, for countries in the Americas, Europe, Asia, and
the Middle East, a description of the status of people of
African descent in each such country.
``(2) Definition.--In this subsection, the term `people of
African descent' has the meaning given the term in section 5 of
the African Descent Act of 2014.''; and
(B) in section 502B (22 U.S.C. 2304)--
(i) by redesignating the second subsection
(i) (as added by section 1207(b)(2) of Public
Law 113-4) as subsection (j); and
(ii) by adding at the end the following new
subsection:
``(k) Status of People of African Descent.--
``(1) In general.--The report required under subsection (b)
shall include, for countries in the Americas, Europe, Asia, and
the Middle East, a description of people of African descent in
each such country.
``(2) Definition.--In this subsection, the term `people of
African descent' has the meaning given the term in section 5 of
the African Descent Act of 2014.''.
(2) Effective date.--The amendments made this subsection
take effect on the date of the enactment of this Act and apply
with respect to reports required to be submitted under sections
116 and 502B of the Foreign Assistance Act of 1961, as amended
by this subsection, on or after such date of enactment.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $5,000,000 for each of the fiscal years
2015 through 2026 to carry out this section and the amendments
made by this section.
(2) Private contributions.--Notwithstanding any other
provision of law, the Secretary of State is authorized to
accept private contributions to carry out this section and the
amendments made by this section.
(3) Designation.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) and private
contributions accepted under paragraph (2) may be referred to
as the ``President Obama Fund for African Descent Affairs''.
SEC. 4. ACTIVITIES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) Senior Advisor.--
(1) In general.--The Administrator of the United States
Agency for International Development shall appoint within the
immediate office of the Administrator a Senior Advisor to the
Administrator on Global African Descent Affairs (in this
section referred to as the ``Special Advisor'').
(2) Appointment.--The Senior Advisor shall be appointed by
the Administrator.
(b) Functions.--The functions of the Special Advisor shall include
the following:
(1) Advise the Administrator and direct activities,
policies, programs, and funding relating to the human rights
and advancement of people of African descent internationally
for all bureaus and offices of the Agency.
(2) Develop a racial and ethnic equality and empowerment
policy, strategy, and action plan for the Agency, in
consultation with civil society, that includes a focus on
people of African descent.
(3) Serve as the Agency liaison to the Department of
State's Office on Global African Descent Affairs.
(4) Develop a uniform set of indicators and standards for
monitoring and evaluating foreign assistance for people of
African descent in Federal agencies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator $3,000,000 for each of the fiscal
years 2015 through 2026 to carry out this section.
SEC. 5. FUNDING.
(a) In General.--Except as otherwise provided in this Act, of the
amounts made available for ``Diplomatic and Consular Programs'' for
each of the fiscal years 2015 through 2026, $8,000,000 is authorized to
be appropriated for each such fiscal year to carry out this Act.
(b) Funding Offset.--To offset the costs to be incurred by the
Department of State to carry out the provisions of this Act for fiscal
years 2015 through 2026, the Secretary of State shall eliminate such
positions within the Department of State, unless otherwise authorized
or required by law, as the Secretary determines to be necessary to
fully offset such costs.
(c) Limitation.--No additional funds are authorized to be
appropriated for ``Diplomatic and Consular Programs'' to carry out the
provisions of this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) People of african descent.--The term ``people of
African descent'' means persons of African origin who are
residents of countries of the Americas, Europe, Asia, and the
Middle East.
SEC. 7. BRIEFINGS AND ASSESSMENTS.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Director and Special Advisor to the
Secretary on Global African Descent Affairs (appointed under section 63
of the State Department Basic Authorities Act of 1956 (as added by
section 3 of this Act))--
(1) shall brief the appropriate congressional committees on
the status of the human rights, social inclusion, equality, and
empowerment of people of African descent internationally, as
well as the status of programs and response strategies to
address discrimination and violence against people of African
descent internationally; and
(2) shall submit to the appropriate congressional
committees an assessment of human and financial resources
necessary to fulfill the purposes and duties of this Act and
the amendments made by this Act.
SEC. 8. UNITED STATES POLICY TO PREVENT AND RESPOND TO DISCRIMINATION
AND VIOLENCE AGAINST PEOPLE OF AFRICAN DESCENT.
(a) Global Strategy Requirement.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for 5 years,
the Director and Special Advisor to the Secretary on Global African
Descent Affairs shall develop or update a United States global strategy
to empower, prevent, and respond to discrimination and violence against
people of African descent. The strategy shall be transmitted to the
appropriate congressional committees and, if practicable, made
available to the public.
(b) Collaboration and Coordination.--In developing the strategy
under subsection (a), the Director and Special Advisor to the Secretary
on Global African Descent Affairs shall consult with--
(1) the heads of relevant Federal agencies; and
(2) representatives of civil society, multilateral, and
private sector organizations.
SEC. 9. SUNSET.
This Act and the amendments made by this Act shall terminate on
October 1, 2026.
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African Descent Act of 2014 - Amends the State Department Basic Authorities Act of 1956 to direct the Secretary of State to establish within the Department of State an Office of Global African Descent Affairs, to be headed by the Director and Special Advisor to the Secretary on Global African Descent Affairs. Includes among Office functions: (1) advising the Secretary and directing policies, programs, and funding relating to the human rights and the advancement of people of African descent internationally; (2) managing a fund for people of African descent to invest in solutions to combat racial discrimination and create economic and political opportunities for people of African descent internationally; and (3) compiling an annual report on U.S. government activities relating to people of African descent. Amends the Foreign Assistance Act of 1961 to include in the annual human rights report for countries in the Americas, Europe, Asia, and the Middle East a description of the status and the people of African descent in each country. Directs the Administrator of the U.S. Agency for International Development (USAID) to appoint a Senior Advisor to the Administrator on Global African Descent Affairs who shall: (1) advise the Administrator and direct policies, programs, and funding relating to the human rights and advancement of people of African descent internationally; and (2) develop a uniform set of indicators and standards for monitoring and evaluating foreign assistance for people of African descent. Requires the Director and Special Advisor to the Secretary on Global African Descent Affairs to develop or update annually (for five years) a U.S. global strategy to empower, prevent, and respond to discrimination and violence against people of African descent.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Our Schools Act''.
SEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL
SECURITY.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
is amended by inserting after part Z the following new part:
``PART AA--MATCHING GRANT PROGRAM FOR SCHOOL SECURITY
``SEC. 2701. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to make
grants to States, units of local government, and Indian tribes to
provide improved security, including the placement and use of metal
detectors and other deterrent measures, at schools and on school
grounds.
``(b) Uses of Funds.--Grants awarded under this section shall be
distributed directly to the State, unit of local government, or Indian
tribe, and shall be used to improve security at schools and on school
grounds in the jurisdiction of the grantee through one or more of the
following:
``(1) Placement and use of metal detectors, locks,
lighting, and other deterrent measures.
``(2) Security assessments.
``(3) Security training of personnel and students.
``(4) Coordination with local law enforcement.
``(5) Any other measure that, in the determination of the
Attorney General, may provide a significant improvement in
security.
``(c) Preferential Consideration.--In awarding grants under this
part, the Attorney General shall give preferential consideration, if
feasible, to an application from a jurisdiction that has a demonstrated
need for improved security, has a demonstrated need for financial
assistance, and has evidenced the ability to make the improvements for
which the grant amounts are sought.
``(d) Matching Funds.--
``(1) The portion of the costs of a program provided by a
grant under subsection (a) may not exceed 50 percent.
``(2) Any funds appropriated by Congress for the activities
of any agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of a
matching requirement funded under this subsection.
``(3) The Attorney General may provide, in the guidelines
implementing this section, for the requirement of paragraph (1)
to be waived or altered in the case of a recipient with a
financial need for such a waiver or alteration.
``(e) Equitable Distribution.--In awarding grants under this part,
the Attorney General shall ensure, to the extent practicable, an
equitable geographic distribution among the regions of the United
States and among urban, suburban, and rural areas.
``(f) Administrative Costs.--The Attorney General may reserve not
more than 2 percent from amounts appropriated to carry out this Act for
administrative costs.
``SEC. 2702. APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Attorney General at such time, in such
manner, and accompanied by such information as the Attorney General may
require. Each application shall--
``(1) include a detailed explanation of--
``(A) the intended uses of funds provided under the
grant; and
``(B) how the activities funded under the grant
will meet the purpose of this part; and
``(2) be accompanied by an assurance that the application
was prepared after consultation with individuals not limited to
law enforcement officers (such as school violence researchers,
child psychologists, social workers, teachers, principals, and
other school personnel) to ensure that the improvements to be
funded under the grant are--
``(A) consistent with a comprehensive approach to
preventing school violence; and
``(B) individualized to the needs of each school at
which those improvements are to be made.
``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this part, the Attorney General shall promulgate
guidelines to implement this section (including the information that
must be included and the requirements that the States, units of local
government, and Indian tribes must meet) in submitting the applications
required under this section.
``SEC. 2703. ANNUAL REPORT TO CONGRESS.
``Not later than November 30th of each year, the Attorney General
shall submit a report to the Congress regarding the activities carried
out under this part. Each such report shall include, for the preceding
fiscal year, the number of grants funded under this part, the amount of
funds provided under those grants, and the activities for which those
funds were used.
``SEC. 2704. DEFINITIONS.
``For purposes of this part--
``(1) the term `school' means a public elementary or
secondary school;
``(2) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level; and
``(3) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)).
``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
the following amounts:
``(1) $60,000,000 for fiscal year 2001.
``(2) $60,000,000 for fiscal year 2002.
``(3) $60,000,000 for fiscal year 2003.''.
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Sets forth provisions regarding: (1) permissible uses of funds (including for locks, lighting, and security assessments and training), preferential consideration, matching funds (limits costs to 50 percent but authorizes the Attorney General to provide guidelines for waiving or altering such requirement in cases of financial need), equitable geographical distribution of funds, and limits on administrative costs; and (2) application and reporting requirements.
Requires that each grant application be accompanied by an assurance that it was prepared after consultation with individuals not limited to law enforcement officers (such as school violence researchers, child psychologists, social workers, teachers, principals, and other school personnel) to ensure that the improvements to be funded are consistent with a comprehensive approach to preventing school violence and are individualized to the needs of each school.
Authorizes appropriations.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blackstone River Valley National
Historical Park Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) National heritage corridor.--The term ``National
Heritage Corridor'' means the John H. Chafee Blackstone River
Valley National Heritage Corridor.
(2) Park.--The term ``Park'' means the Blackstone River
Valley National Historical Park established under section 3.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) States.--The term ``States'' means--
(A) the State of Massachusetts; and
(B) the State of Rhode Island.
SEC. 3. BLACKSTONE RIVER VALLEY NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established in the States a unit of
the National Park System, to be known as the ``Blackstone River Valley
National Historical Park''.
(b) Historic Sites and Districts.--The Park may include--
(1) Blackstone River State Park; and
(2) the following resources, as described in Management
Option 3 of the study entitled ``Blackstone River Valley
Special Resource Study--Study Report 2011'':
(A) Old Slater Mill National Historic Landmark
District.
(B) Slatersville Historic District.
(C) Ashton Historic District.
(D) Whitinsville Historic District.
(E) Hopedale Village Historic District.
(F) Blackstone River and the tributaries of
Blackstone River.
(G) Blackstone Canal.
(c) Acquisition of Land; Park Boundary.--
(1) Land acquisition.--The Secretary may acquire land or
interests in land in the historic sites and districts described
in subsection (b)(2) for inclusion in the Park boundary by
donation or exchange.
(2) Park boundary.--On a determination by the Secretary
that a sufficient quantity of land or interests in land has
been acquired to constitute a manageable park unit, the
Secretary may establish a boundary for the Park by publishing a
boundary map in the Federal Register.
(3) Boundary adjustment.--On the acquisition of additional
land or interests in land under paragraph (1), the boundary of
the Park shall be adjusted to reflect the acquisition by
publishing a Park boundary map in the Federal Register.
(4) Availability of map.--The maps referred to in this
subsection shall be available for public inspection in the
appropriate offices of the National Park Service.
(5) Written consent of the owner.--No non-Federal property
may be included in the Park without the written consent of the
owner.
(6) Limitation.--Land owned by the States or a political
subdivision of the States may be acquired under this subsection
only by donation.
(d) Administration.--
(1) In general.--The Secretary shall administer land within
the boundary of the Park in accordance with--
(A) this section; and
(B) the laws generally applicable to units of the
National Park System, including--
(i) the National Park Service Organic Act
(16 U.S.C. 1 et seq.); and
(ii) the Act of August 21, 1935 (16 U.S.C.
461 et seq.).
(2) General management plan.--
(A) In general.--Not later than 3 years after the
date on which funds are made available to carry out
this section, the Secretary shall prepare a general
management plan for the Park--
(i) in consultation with the States and
other interested parties; and
(ii) in accordance with section 12(b) of
the National Park System General Authorities
Act (16 U.S.C. 1a-7(b)).
(B) Requirements.--The plan shall consider ways to
use preexisting or planned visitor facilities and
recreational opportunities developed in the National
Heritage Corridor, including--
(i) the Blackstone Valley Visitor Center,
Pawtucket, Rhode Island;
(ii) the Captain Wilbur Kelly House,
Blackstone River State Park, Lincoln, Rhode
Island;
(iii) the Museum of Work and Culture,
Woonsocket, Rhode Island;
(iv) the River Bend Farm/Blackstone River
and Canal Heritage State Park, Uxbridge,
Massachusetts;
(v) the Worcester Blackstone Visitor
Center, located at the former Washburn & Moen
wire mill facility, Worcester, Massachusetts;
(vi) the Route 295 Visitor Center adjacent
to Blackstone River State Park; and
(vii) the Blackstone River Bikeway.
(3) Technical assistance.--The Secretary may provide
technical assistance to State, local, or tribal governments,
organizations, or individuals for the management,
interpretation, and historic preservation of historically
significant Blackstone River Valley resources not included
within the Park.
(4) Cooperative agreements.--
(A) In general.--The Secretary may enter into
cooperative agreements to carry out this Act.
(B) Matching requirement.--The Secretary shall
require that any Federal funds made available under a
cooperative agreement entered into under this paragraph
are to be matched on a 1-to-1 basis by non-Federal
funds.
(C) Reimbursement.--Any payment made by the
Secretary under subparagraph (A) shall be subject to an
agreement that the conversion, use, or disposal of the
project for purposes that are inconsistent with the
purposes of this section, as determined by the
Secretary, shall result in a right of the United States
to reimbursement of the greater of--
(i) the amount provided by the Secretary to
the project under subparagraph (A); or
(ii) an amount equal to the increase in the
value of the project that is attributable to
the funds, as determined by the Secretary at
the time of the conversion, use, or disposal.
(D) Public access.--Any cooperative agreement
entered into under this paragraph shall provide for
reasonable public access to the resources covered by
the cooperative agreement.
(e) Dedication; Memorial.--
(1) In general.--Congress dedicates the Park to John H.
Chafee, the former United States Senator from Rhode Island, in
recognition of--
(A) the role of John H. Chafee in the preservation
of the resources of the Blackstone River Valley and the
heritage corridor that bears the name of John H.
Chafee; and
(B) the decades of the service of John H. Chafee to
the people of Rhode Island and the United States.
(2) Memorial.--The Secretary shall display a memorial at an
appropriate location in the Park that recognizes the role of
John H. Chafee in preserving the resources of the Blackstone
River Valley for the people of the United States.
(f) No Use of Condemnation.--The Secretary may not acquire by
condemnation any land or interest in land under this Act for the
purposes of this Act.
(g) No Buffer Zone Created.--Nothing in this Act, the establishment
of the Park, or the management plan for the Park shall be construed to
create buffer zones outside of the Park. That activities or uses can be
seen, heard, or detected from areas within the Park shall not preclude,
limit, control, regulate, or determine the conduct or management of
activities or uses outside of the Park.
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Blackstone River Valley National Historical Park Establishment Act - (Sec. 3) Establishes the Blackstone River Valley National Historical Park in Massachusetts and Rhode Island as a unit of the National Park System. Requires the Secretary to prepare a general management plan for the Park that considers ways to use preexisting or planned visitor facilities and recreational opportunities developed in the John H. Chafee Blackstone River Valley National Heritage Corridor. Dedicates the Park to former Senator John H. Chafee from Rhode Island in recognition of: (1) his role in the preservation of the resources of the Blackstone River Valley and the heritage corridor that bears his name, and (2) his decades of service to the people of Rhode Island and the United States. Requires a memorial to be displayed at a location in the Park that recognizes Senator Chafee's role in the preservation of the resources of the Blackstone River Valley for the people of the United States. Prohibits the use of condemnation to acquire land or interests in land under this Act. Prohibits anything in this Act from: (1) creating buffer zones outside the Park; or (2) restricting an activity because it can be seen, heard, or detected within the Park from being conducted outside its boundaries.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Mosquito Abatement for
Safety and Health Act'' or the ``SMASH Act''.
SEC. 2. REAUTHORIZATION OF MOSQUITO ABATEMENT FOR SAFETY AND HEALTH
PROGRAM.
Section 317S of the Public Health Service Act (42 U.S.C. 247b-21)
is amended--
(1) in subsection (a)(1)(B)--
(A) by inserting ``including programs to address
emerging infectious mosquito-borne diseases,'' after
``control programs,''; and
(B) by inserting ``or improving existing control
programs'' before the period at the end;
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``, including
improvement,'' after ``operation'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (ii), by striking
``or'' at the end;
(II) in clause (iii), by striking
the semicolon at the end and inserting
``, including an emerging infectious
mosquito-borne disease that presents a
serious public health threat; or''; and
(III) by adding at the end the
following:
``(iv) a public health emergency due to the
incidence or prevalence of a mosquito-borne
disease that presents a serious public health
threat.''; and
(ii) in subparagraph (D), by inserting ``or
that demonstrates to the Secretary that the
control program is consistent with existing
State mosquito control plans or policies, or
other applicable State preparedness plans''
before the period at the end;
(C) in paragraph (4)(C), by striking ``that
extraordinary'' and all that follows through the period
at the end and inserting ``that--
``(i) extraordinary economic conditions in
the political subdivision or consortium of
political subdivisions involved justify the
waiver; or
``(ii) the geographical area covered by a
political subdivision or consortium for a grant
under paragraph (1) has an extreme mosquito
control need due to--
``(I) the size or density of the
potentially impacted human population;
``(II) the size or density of a
mosquito population that requires
heightened control; or
``(III) the severity of the
mosquito-borne disease, such that
expected serious adverse health
outcomes for the human population
justify the waiver.''; and
(D) by amending paragraph (6) to read as follows:
``(6) Number of grants.--A political subdivision or a
consortium of political subdivisions may not receive more than
one grant under paragraph (1).''; and
(3) in subsection (f)--
(A) in paragraph (1), by striking ``for fiscal year
2003, and such sums as may be necessary for each of
fiscal years 2004 through 2007'' and inserting ``for
each of fiscal years 2018 through 2022'';
(B) in paragraph (2), by striking ``the Public
Health Security and Bioterrorism Preparedness and
Response Act of 2002'' and inserting ``other medical
and public health preparedness and response laws''; and
(C) in paragraph (3)--
(i) in the heading, by striking ``2004''
and inserting ``2018''; and
(ii) by striking ``2004'' and inserting
``2018''.
SEC. 3. EPIDEMIOLOGY-LABORATORY CAPACITY GRANTS.
Section 2821 of the Public Health Service Act (42 U.S.C. 300hh-31)
is amended--
(1) in subsection (a)(1), by inserting ``, including
mosquito and other vector-borne diseases,'' after ``infectious
diseases''; and
(2) in subsection (b), by striking ``2010 through 2013''
and inserting ``2018 through 2022''.
SEC. 4. GAO STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the state of surveillance and control of mosquito-
borne infectious diseases in the United States and territories,
including the state of preparedness for conducting such surveillance
and control. The study shall include--
(1) a description of the infrastructure and programs for
mosquito control in the United States, including--
(A) how such infrastructure and programs are
organized and implemented at the Federal, State and
local levels, including with respect to departments and
agencies of the States, and local organizations
(including special districts) involved in such control
programs;
(B) the role of the private sector in such
activities;
(C) how the authority for mosquito control impacts
such activities; and
(D) the resources for such infrastructure and
programs, including Federal, State, and local funding
sources;
(2) how mosquito and other vector-borne disease
surveillance and control is integrated into Federal, State, and
local preparedness plans and actions, including how zoonotic
surveillance is integrated into infectious disease surveillance
to support real-time situational surveillance and awareness;
(3) Federal, State, and local laboratory capacity for
emerging vector-borne diseases, including mosquito-borne and
other zoonotic diseases; and
(4) any regulatory challenges for developing and utilizing
vector-control technologies and platforms as part of mosquito
control strategies.
(b) Consultations.--In conducting the study under subsection (a),
the Comptroller General of the United States shall consult with--
(1) State and local public health officials involved in
mosquito and other vector-borne disease surveillance and
control efforts;
(2) researchers and manufacturers of mosquito control
products;
(3) stakeholders involved in mosquito abatement activities;
(4) infectious disease experts; and
(5) entomologists involved in mosquito-borne disease
surveillance and control efforts.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report containing the results of the study conducted
under subsection (a) and relevant
recommendations for Zika virus and other mosquito-borne diseases
preparedness and response efforts.
Passed the Senate September 6, 2017.
Attest:
JULIE E. ADAMS,
Secretary.
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(This measure has not been amended since it was reported to the Senate on May 1, 2017. Strengthening Mosquito Abatement for Safety and Health Act or the SMASH Act (Sec. 2) This bill amends the Public Health Service Act to revise and extend through FY2022 Centers for Disease Control and Prevention (CDC) grants for mosquito control programs. The grant program is expanded so that grants may be used to address emerging, infectious mosquito-borne diseases and to improve existing control programs. The CDC must give preference to applicants that have: (1) a public health emergency due to a mosquito-borne disease, or (2) a control program that is consistent with existing state preparedness plans. The requirement for matching funds may be waived if the area covered by a grant applicant has an extreme need due to the size or density of the potentially impacted human population, the size or density of the mosquito population that requires heightened control, or the severity of the mosquito-borne disease. (Sec. 3) CDC grants to help public health agencies improve surveillance and response activities are extended through FY2022. (Sec. 4) The Government Accountability Office must report on the surveillance and control of mosquito-borne infectious diseases in the United States and territories.
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Cost Assessment Act of
2014''.
SEC. 2. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974.
(a) Federal Regulatory Budget Cost Control System.--Title III of
the Congressional Budget Act of 1974 is amended--
(1) by inserting before section 300 the following:
``PART A--GENERAL PROVISIONS'';
and
(2) by adding at the end the following new part:
``PART B--FEDERAL REGULATORY BUDGET COST CONTROL
``SEC. 321. DEFINITIONS.
``In this part--
``(1) the term `CBO' means the Congressional Budget Office;
``(2) the term `direct cost of Federal regulation' means
all costs incurred by, and expenditures required of, the
Federal Government in issuing and enforcing Federal
regulations, rules, statements, and legislation;
``(3) the term `Federal regulation, rule, statement, or
legislation'--
``(A) includes any guidance document issued after
notice and an opportunity for comment in accordance
with the requirements for the promulgation of a rule
under chapter 5 of title 5, United States Code; and
``(B) does not include a Federal regulation, rule,
statement, or legislation applying to--
``(i) the military; or
``(ii) agency organization, management, or
personnel;
``(4) the term `Federal regulatory cost'--
``(A) means all costs incurred by, and expenditures
required of, the private sector in complying with any
Federal regulation, rule, statement, or legislation;
and
``(B) does not include the value of any benefit
under the Federal regulation, rule, statement, or
legislation;
``(5) the term `gross domestic product' means the gross
domestic product of the United States during a fiscal year,
consistent with Department of Commerce definitions;
``(6) the term `OMB' means the Office of Management and
Budget; and
``(7) the term `regulatory baseline' means the projection
described in section 323(a) of the Federal regulatory cost for
the fiscal year after the date of the projection and the
outyears.
``SEC. 322. OMB-CBO REPORTS.
``Not later than 1 year after the date of enactment of this
section, and not later than September 15th of each odd-numbered year
thereafter, OMB and CBO shall jointly submit to the President, the
Senate, and the House of Representatives a report that includes--
``(1) a projection of the direct cost of Federal regulation
and the Federal regulatory cost for the first fiscal year
beginning after the date of the report and at least each of the
4 ensuing fiscal years;
``(2) a calculation of the estimated direct cost of Federal
regulation and Federal regulatory cost as a percentage of the
gross domestic product;
``(3) the reduction in estimated gross domestic product
attributable to private sector compliance with all Federal
regulations, rules, statements, or legislation;
``(4) a detailed description of the effect on the economy
of the United States of Federal regulations, rules, statements,
and legislation, which shall be categorized as relating to--
``(A) regulation of the economy;
``(B) security, including homeland security;
``(C) the environment;
``(D) health and safety; or
``(E) the Federal budget;
``(5) a discussion of the expected reduction in personnel,
administrative overhead, and programmatic costs that would be
achieved by Federal agencies that issue regulations, rules, or
statements with a Federal regulatory cost if the Federal
agencies reduced the Federal regulatory cost by 5 percent; and
``(6) recommendations for budgeting, technical, and
estimating changes to improve the Federal regulatory budgeting
process.
``SEC. 323. REGULATORY BASELINE.
``(a) In General.--For the first fiscal year that begins at least
120 days after the date of enactment of this section and for every
second fiscal year thereafter, CBO, in consultation with OMB, shall
submit to the President, the Senate, and the House of Representatives a
regulatory baseline, consisting of a projection of the Federal
regulatory cost for the fiscal year and at least each of the 4 ensuing
fiscal years. In preparing the projection of the regulatory baseline
under this subsection, for the second fiscal year covered under the
projection and each fiscal year thereafter, CBO shall adjust the
baseline for the estimated growth during that fiscal year in the gross
domestic product.
``(b) Deadlines.--The CBO shall submit the regulatory baselines
required under subsection (a)--
``(1) for the first regulatory baseline, not later than 30
days after the date of enactment of this section; and
``(2) for the second regulatory baseline and each
regulatory baseline thereafter, not later than September 15 of
the fiscal year before the first fiscal year covered under the
regulatory baseline.
``SEC. 324. ESTABLISHMENT OF LEVEL AND ALLOCATIONS.
``(a) Establishment of Level.--
``(1) In general.--In addition to the requirements under
section 301, a concurrent resolution on the budget for a fiscal
year shall set forth the appropriate level for the Federal
regulatory cost for the fiscal year and for at least each of
the 4 ensuing fiscal years.
``(2) Default total.--If there is not a level for the
Federal regulatory cost that is in effect for a fiscal year
under a concurrent resolution on the budget--
``(A) for the first fiscal year that begins at
least 120 days after the date of enactment of this
section, the appropriate level for the Federal
regulatory cost for the fiscal year shall be the amount
of the first regulatory baseline submitted under
section 323; and
``(B) for each fiscal year after the fiscal year
described in subparagraph (A), the appropriate level
for the Federal regulatory cost for the fiscal year
shall be the level for the most recent fiscal year for
which such a level was in effect (under subparagraph
(A), this subparagraph, or a concurrent resolution on
the budget).
``(b) Allocation of Totals.--
``(1) In general.--For the first fiscal year that begins at
least 120 days after the date of enactment of this section, and
each fiscal year thereafter, the Committee on the Budget of the
Senate and the Committee on the Budget of the House of
Representatives shall each allocate among each committee of its
House and by major functional category the Federal regulatory
cost in effect under subsection (a) for such fiscal year and at
least each of the 4 ensuing fiscal years.
``(2) Suballocations.--As soon as practicable after
receiving an allocation under paragraph (1), each committee
shall subdivide its allocation among its subcommittees or among
programs over which the committee has jurisdiction.
``(c) Point of Order.--
``(1) In general.--It shall not be in order in the Senate
or the House of Representatives to consider any bill or
resolution, or amendment thereto, which would cause an
allocation or suballocation of the Federal regulatory cost made
under subsection (b) for a fiscal year to be exceeded.
``(2) Waiver.--A point of order under paragraph (1) may
only be waived by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
``(d) Determinations by Budget Committees.--For purposes of this
section, the amount of the Federal regulatory cost for a fiscal year
and the amount of the Federal regulatory cost of a bill or resolution,
or amendment thereto, shall be determined by the Committee on the
Budget of the Senate or the Committee on the Budget of the House of
Representatives, as the case may be.
``SEC. 325. ANALYSIS OF FEDERAL REGULATORY COST BY CONGRESSIONAL BUDGET
OFFICE.
``(a) In General.--CBO shall prepare for each bill or resolution of
a public character reported by any committee of the Senate or the House
of Representatives (except the Committee on Appropriations of each
House), and submit to such committee--
``(1) an estimate of the costs which would be incurred by
the private sector in carrying out or complying with such bill
or resolution in the fiscal year in which it is to become
effective and in each of the 4 fiscal years following such
fiscal year, which shall include a discussion of the
methodology used to prepare, and the basis for, each such
estimate; and
``(2) a comparison of the estimate of costs described in
paragraph (1) with any available estimates of costs made by
such committee or by any Federal agency.
``(b) Look-Back Reviews.--CBO shall periodically submit to Congress
a report that--
``(1) reviews a sample of laws of a public character for
which an estimate was prepared under subsection (a)(1); and
``(2) compares the estimates of the costs described in
paragraphs (1) and (2) of subsection (a) and the actual costs
incurred by the private sector in carrying out or complying
with the law in the fiscal year in which it took effect and in
each of the 4 fiscal years following such fiscal year.''.
SEC. 3. PRESIDENT'S ANNUAL BUDGET SUBMISSIONS.
Section 1105(a) of title 31, United States Code, is amended--
(1) by redesignating the second paragraph designated as
paragraph (37), relating to outdated or duplicative plans and
reports, as added by section 11 of the GPRA Modernization Act
of 2010 (Public Law 111-352; 124 Stat. 3881), as paragraph
(39); and
(2) by adding at the end the following:
``(40) a regulatory authority budget analysis of the
Federal regulatory cost (as defined in section 321 of the
Congressional Budget Act of 1974) of complying with all current
and proposed Federal regulations and proposals for complying
with section 324 of the Congressional Budget Act of 1974 for
the fiscal year for which the budget is submitted and the 4
fiscal years after that year.''.
SEC. 4. ESTIMATION AND DISCLOSURE OF COSTS OF FEDERAL REGULATION.
(a) Costs to Private Sector of New Federal Regulations.--Chapter 6
of title 5, United States Code, popularly known as the ``Regulatory
Flexibility Act'', is amended--
(1) in section 603--
(A) in subsection (a), in the second sentence, by
inserting before the period the following: ``and shall
discuss in detail whether the cost to businesses of
complying with the proposed rule will vary depending on
the size of the business and, if so, to what extent the
cost will vary and what factors contribute to the
variation'';
(B) in subsection (c)--
(i) by redesignating paragraphs (1), (2),
(3), and (4) as subparagraphs (A), (B), (C),
and (D), respectively, and adjusting the margin
accordingly;
(ii) by inserting ``(1)'' after ``(c)'';
and
(iii) by striking ``Consistent with the''
and inserting the following:
``(2) The analysis of significant alternatives to the proposed rule
shall include a detailed analysis of the costs and benefits of the
proposed rule and each alternative, which shall separately address the
costs and benefits for each industry.
``(3) Consistent with the''; and
(C) by adding at the end the following:
``(e) Each initial regulatory flexibility analysis shall also
contain a description of the nature and amount of monetary costs that
will be incurred by small entities, other businesses, and individuals
in complying with the proposed rule.'';
(2) in section 604(a)--
(A) in the first paragraph designated as paragraph
(6) (relating to minimization of significant economic
impacts), by striking ``and'' at the end;
(B) by redesignating the second paragraph (6)
(relating to covered agencies), as paragraph (8); and
(C) by inserting after paragraph (6) the following:
``(7) a statement of the nature and amount of monetary
costs that will be incurred by small entities, other
businesses, and individuals in complying with the rule; and'';
and
(3) in section 607, by inserting before the period the
following: ``, except that estimates of monetary costs under
sections 603(d) and 604(a)(7) shall only be in the form of a
numerical description''.
(b) Agency Reports.--Each agency that prepares an initial
regulatory flexibility analysis under chapter 6 of title 5, United
States Code, shall, at the same time submit to each House of Congress,
the Congressional Budget Office, and the Office of Management and
Budget a cost estimate and cost benefit analysis of any new proposed
regulations, rules, or statements that would have a Federal regulatory
cost (as defined in section 321 of the Congressional Budget Act of
1974, as added by this Act) of at least $10,000,000 for any fiscal
year.
SEC. 5. GUIDANCE DOCUMENTS.
(a) Definitions.--In this section--
(1) the terms ``agency'' and ``rule'' have the meanings
given such terms in section 551 of title 5, United States Code;
and
(2) the term ``guidance document'' means an agency
statement of general applicability and future effect, other
than a rule, that sets forth a policy on a statutory,
regulatory, or technical issue or an interpretation of a
statutory or regulatory issue.
(b) Limitation on Guidance Documents.--An agency may not issue a
guidance document unless the agency--
(1) issues the guidance document after notice and an
opportunity for comment in accordance with the requirements for
the promulgation of a rule under chapter 5 of title 5, United
States Code; or
(2) before the effective date of the guidance document,
submits to Congress a report that--
(A) certifies that the guidance document is not a
rule; and
(B) explains in detail why the guidance document
does not satisfy the definition of a rule.
SEC. 6. STUDY OF NONMAJOR RULES.
(a) Definitions.--In this section--
(1) the term ``agency'' has the meaning given that term in
section 551 of title 5, United States Code;
(2) the term ``covered guidance document'' means any
guidance document that has resulted or is likely to result in
an annual effect on the economy of not less than $10,000,000;
(3) the term ``covered nonmajor rule'' means any rule that
has resulted in or is likely to result in an annual effect on
the economy of not less than $10,000,000 and not more than
$100,000,000;
(4) the term ``guidance document'' means an agency
statement of general applicability and future effect, other
than a rule, that sets forth a policy on a statutory,
regulatory, or technical issue or an interpretation of a
statutory or regulatory issue;
(5) the term ``Federal regulatory cost'' has the meaning
given that term under section 321 of the Congressional Budget
Act of 1974, as added by section 2 of this Act; and
(6) the term ``rule'' has the meaning given that term in
section 804 of title 5, United States Code.
(b) Reports.--Not later than 120 days after the date of enactment
of this Act and every 2 years thereafter, the Comptroller General of
the United States shall submit to Congress a report regarding covered
nonmajor rules and covered guidance documents, which shall include, for
the 4-year period immediately preceding the report--
(1) the number of covered nonmajor rules promulgated;
(2) the number of covered nonmajor rules implemented;
(3) the number of covered guidance documents developed;
(4) the number of covered guidance documents issued;
(5) the Federal regulatory cost of each covered nonmajor
rule implemented;
(6) the Federal regulatory cost of each covered guidance
document issued;
(7) the aggregate Federal regulatory cost of all covered
nonmajor rules implemented;
(8) the aggregate Federal regulatory cost of all covered
guidance documents issued; and
(9) a discussion of any covered nonmajor rule for which an
initial regulatory flexibility analysis was prepared under
section 603 of title 5, United States Code, a final regulatory
flexibility analysis was prepared under section 604 of title 5,
United States Code, or a cost benefit analysis was prepared
that underestimated the actual Federal regulatory cost of
implementing the covered nonmajor rule.
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Regulatory Cost Assessment Act of 2014 - Amends the Congressional Budget Act of 1974 to establish and enforce a federal regulatory budget. Requires the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to submit jointly to the President and Congress an analysis of the cost and economic effects of federal regulations, including recommendations for improvements to the regulatory budgeting process. Requires CBO to submit: (1) a baseline projecting the federal regulatory cost over at least five fiscal years, (2) analysis of the regulatory cost of legislation reported by congressional committees, and (3) look-back reviews comparing CBO estimates with actual costs. Requires a concurrent resolution on the budget to include levels for the federal regulatory cost for at least five fiscal years. Establishes a process for allocating the totals among congressional committees and subcommittees, programs, and major functional categories. Establishes a point of order against legislation that would cause the allocations to be exceeded and specifies requirements for waiving the point of order. Requires the President's budget to include an analysis of the cost of compliance with current and proposed federal regulations and proposals for complying with the levels and allocations established under this Act. Amends the Regulatory Flexibility Act to require agencies to provide additional analysis of the private sector costs for compliance with new regulations. Requires federal agencies and the Government Accountability Office to provide reports and cost estimates for specified regulations.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Resident Part D
Assistance Act of 2006''.
SEC. 2. PART D ASSISTANCE FOR RESIDENTS OF LONG-TERM CARE FACILITIES.
(a) In General.--Section 1860D-42 of the Social Security Act (42
U.S.C. 1395w-152) is amended by adding at the end the following new
subsection:
``(c) Assistance for Residents of Long-Term Care Facilities.--
``(1) Procedures and waiver of requirements.--
``(A) In general.--The Secretary shall establish
procedures and may waive requirements of this part as
necessary to provide assistance to residents of long-
term care facilities with respect to coverage under
this part for the resident.
``(B) Requirements.--The procedures under
subparagraph (A) shall include at least the following:
``(i) Dedicated toll-free number.--The
establishment of a toll-free telephone number
for staff members of long-term care facilities
to request information regarding coverage under
this part for the resident.
``(ii) Assistance in selecting a plan
rather than auto enrollment in a random plan.--
Notwithstanding section 1860D-1(b)(1)(C), in
the case of a part D eligible individual who is
a full-benefit dual eligible individual (as
defined in section 1935(c)(6)), who is a
resident of a long-term care facility, and who
has failed to enroll in a prescription drug
plan or an MA-PD plan, rather than randomly
enrolling such an individual in a plan pursuant
to such section, the Secretary shall coordinate
with the resident and the long-term care
facility to facilitate selection of and
enrollment in the most appropriate plan under
this part for the resident.
``(iii) Reimbursement of certain costs.--
The provision of reimbursement to long-term
care facilities for the following costs:
``(I) Costs associated with new
requirements.--Costs associated with
the requirements under paragraph (2).
``(II) Prescription drug
expenditures for covered part d
drugs.--The amount that the long-term
care facility expends for payment for
covered part D drugs for residents of
the long-term care facility who are
part D eligible individuals enrolled in
a prescription drug plan under this
part but were unable to access on a
timely basis prescription drug benefits
to which they were entitled under such
plan.
``(III) Providing part d assistance
for residents of long-term care
facilities.--Costs associated with
providing part D assistance for
residents of long-term care facilities
(including technical assistance in
filling prescriptions, time spent
waiting on the telephone or online to
determine what plan a resident is
enrolled in, and costs associated with
advocating for residents by filing
appeals or facilitating plan changes).
``(2) Requirements for long-term care facilities.--
``(A) In general.--In the case of a long-term care
facility receiving reimbursement under this title, the
facility shall have in place procedures for--
``(i) educating residents who are part D
eligible individuals about the prescription
drug coverage available through plans under
this part; and
``(ii) providing technical assistance,
phone support, and counseling for such
residents to facilitate selection of and
enrollment in the most appropriate plan under
this part for the resident.
``(B) Requirement.--The procedures under
subparagraph (A) shall include a requirement that the
facility periodically ascertain (and inform the
resident regarding) whether or not the plan in which
the resident is enrolled in--
``(i) provides coverage of the covered part
D drugs that the resident requires; and
``(ii) has a contract with a pharmacy that
supports the facility.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
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Long-Term Care Resident Part D Assistance Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish procedures (which may waive requirements) in order to provide residents of long-term care (LTC) facilities with assistance with respect to prescription drug coverage under part D (Voluntary Prescription Drug Benefit Program).
Requires such procedures to include at least: (1) a dedicated toll-free telephone number for LTC facility staff to request coverage information; and (2) plan selection assistance for full-benefit dual eligible LTC facility residents who have failed to enroll in a prescription drug plan or a Medicare Advantage-Prescription Drug (MA-PD) plan.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Oil Speculation Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) skyrocketing energy prices in oil and gas are damaging
families of the United States, as well as the economy, foreign
policy, and national security of the United States;
(2) while there are a number of reasons for increasing
energy costs, a large part of the problem appears to be from
excessive speculation in petroleum in the futures markets;
(3) oil and gas prices result from the prices established
in the petroleum futures markets;
(4) in the early 20th century, speculators were trading
commodities to make money at the expense of farmers and
families of the United States;
(5) Congress stopped that action by enacting the
Commodities Exchange Act (7 U.S.C. 1 et seq.), which was
reinforced later when Congress established the Commodity
Futures Trading Commission (referred to in this section as the
``Commission''), both of which were designed to ensure that the
futures markets worked free of fraud, manipulation, and
excessive speculation;
(6) the Commission accomplished this (directly or through
delegated authority) primarily by promulgating rules and
regulations that required the disclosure of trading information
and that limited speculative trading;
(7) Congress made it clear in the Commodities Exchange Act
and in the establishment of the Commission that the petroleum
futures markets exist for legitimate hedging of actual,
physical commercial products that are bought and sold today,
but are to be delivered in the future;
(8) for a long time after enactment and enforcement of that
Act (including rules and regulations), the prices generated in
the petroleum futures markets were based largely on fundamental
factors relating to supply and demand for oil and gas in the
United States and world markets;
(9) those prices no longer appear to be based on those
factors, as excessive speculation appears to have, once again,
hijacked the petroleum futures markets and sent oil and gas
prices soaring;
(10) some experts have concluded that as much as 30 to 50
percent of the recent increase in the price of oil may be due
to manipulation or excessive speculation in the petroleum
futures markets;
(11) some experts have estimated that as much as 70 percent
of the trading in the petroleum futures markets is by
speculators rather than commercial parties seeking to hedge the
risk of the future delivery of an actual physical product and
their counterparties;
(12) the excessive speculation appears to have resulted, in
part, from a variety of actions by the Commission (including
the issuance of exemptions, exclusions, and no action letters),
technology changes, and threats by market participants to take
their business outside the regulated United States markets to
overseas unregulated markets in which the participants may not
have to disclose their trading activities and will be subject
to less regulation designed to protect markets and consumers;
(13) the petroleum futures markets must be restored to
their original intent and purpose, which is legitimate hedge
trading directly involving commercial parties and in which
manipulation and excessive speculation are eliminated;
(14) the Commission is the primary regulator of the
petroleum futures markets and has ample existing investigative
and regulatory authority to end manipulation and excessive
speculation and to do so quickly;
(15) Congress acknowledges that the Commission announced on
May 29, 2008, that the Commission was conducting a broad and
far-reaching investigation into the national and international
crude markets (including into oil trading on regulated and
unregulated exchanges, over the counter trading, cash trades,
and storage, pipeline operations, shipping, and transportation
generally) to determine if there was or is any improper
manipulation or excessive speculation; and
(16) the announced investigation by the Commission is a
good start, but it is only a start and much more needs to be
done quickly.
SEC. 3. ELIMINATION OF MANIPULATION AND EXCESSIVE SPECULATION AS CAUSE
OF HIGH OIL AND GAS PRICES.
Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended
by adding at the end the following:
``(f) Elimination of Manipulation and Excessive Speculation as
Cause of High Oil and Gas Prices.--
``(1) Duty of commission.--
``(A) In general.--In accordance with subparagraph
(B), the Commission shall use the authority provided
under this Act to restore the petroleum futures markets
to the original purpose and intent of the markets by
eliminating manipulation and excessive speculation by
investigation, regulation, and rulemaking.
``(B) Consideration of findings.--In carrying out
subparagraph (A), the Commission shall take into
account each finding described in section 2 of the End
Oil Speculation Act of 2008 (including paragraphs 2, 4
through 7, and 10 through 14 of section 2 of that Act).
``(2) Legitimate hedge trading.--
``(A) In general.--In carrying out this Act, the
Commission shall distinguish between--
``(i) trading involving transactions by
commercial producers and purchasers involving
actual physical petroleum products for future
delivery (referred to in this subsection as
`legitimate hedge trading'); and
``(ii) all other trading;
``(B) Inclusion.--For purposes of this subsection,
legitimate hedge trading shall include counterparties
to a transaction by commercial producers and purchasers
involving actual physical petroleum products for future
delivery regardless of whether the counterparties are
commercial producers or purchasers of the physical
products.
``(3) Type of trading.--Notwithstanding any other provision
of this Act, the Commission shall modify (or delegate any
appropriate entity to modify) such definitions,
classifications, and data collection under this Act as is
necessary to ensure that all direct and indirect parties and
counterparties to all trades in the petroleum futures market
are distinctly, clearly, and correctly identified for all
purposes as engaging in--
``(A) legitimate hedge trading; or
``(B) any other type of trading.
``(4) Elimination of excessive speculation.--
``(A) In general.--Notwithstanding any other
provision of this Act, the Commission shall review all
regulations, rules, exemptions, exclusions, guidance,
no action letters, orders, and other actions taken by
or on behalf of the Commission (including any action or
inaction taken pursuant to delegated authority by an
exchange, self-regulatory organization, or any other
entity) regarding all petroleum futures market
participants or market activity (referred to in this
subsection individually as a `prior action') to ensure
that only legitimate hedge trading occurs and that
excessive speculation is eliminated.
``(B) Prior action.--
``(i) In general.--The Commission shall
revoke or modify the application after the date
of enactment of this subsection of any prior
action taken by the Commission (including any
prior action taken pursuant to delegated
authority by any other entity) with respect to
any trade on any market, exchange, foreign
board of trade, swap or swap transaction, index
or index market participant or trade, hedge
fund, pension fund, and any other transaction,
trade, trader, or petroleum futures market
activity that is not a legitimate hedge trade.
``(ii) Revocation.--In carrying out this
subparagraph, the Commission shall consider
revoking the results of each prior action that,
in whole or in part, has the direct or indirect
affect of limiting, reducing, or eliminating--
``(I) the full applicability of
position limits on any trading that is
not legitimate hedge trading; or
``(II) the filing of any report or
data regarding any direct or indirect
trade or trader, including the filing
of large trader reports.
``(C) Different rules or regulations.--
``(i) In general.--The Commission shall
apply different rules and regulations to
legitimate hedge trading and any other
transactions, trades, traders, or petroleum
futures market activity in a manner that
accomplishes the purposes of this subsection.
``(ii) Margin requirements.--In carrying
out this subparagraph, the Commission shall
modify the purpose of margin requirements from
credit protection only to include discouraging
excessive speculation by setting margin
requirements of at least 25 percent for any
trading that is not legitimate hedge trading.
``(5) Regulation.--Notwithstanding any other provision of
law (including regulations), the Commission shall subject, to
the maximum extent practicable, any person engaging, directly
or indirectly, in a petroleum futures market trade,
transaction, or other petroleum futures market activity in any
location to regulation by the Commission unless and until the
trade or transaction occurs in a market or exchange that has
regulations that are substantially identical to the regulations
of the Commission and that are fully and effectively enforced
in each such market or on each such exchange.
``(6) Disclosure to commission.--Notwithstanding any other
provision of law (including regulations), the Commission shall
ensure, to the maximum extent practicable, that the activity of
each participant in the petroleum futures markets, and all
trades, trading, traders, and direct and indirect parties to
the trades, trading, and traders, are fully, clearly, and
accurately disclosed to the Commission so that the Commission
and Congress can effectively regulate and monitor all such
activity.
``(7) Working group of international regulators.--The
Commission shall convene a working group of international
regulators to develop uniform international reporting and
regulatory standards to ensure the protection of the petroleum
futures markets from excessive speculation, manipulation,
location shopping, and lowest common denominator regulation,
which pose systemic risks to all petroleum futures markets,
countries, and consumers.
``(8) Reports.--
``(A) In general.--The Commission shall submit to
Congress--
``(i) not later than 60 days after the date
of enactment of this subsection, a report that
describes in detail the actions the Commission
has taken, is taking, and intends to take to
carry out this subsection, including any
recommended legislative changes that are
necessary to carry out this subsection; and
``(ii) every 45 days thereafter, an update
of the report required under clause (i).
``(B) Additional employees or resources.--Not later
than 60 days after the date of enactment of this
subsection, the Commission shall submit to Congress a
report that describes the number of additional
employees and resources that the Commission determines
are necessary to carry out this subsection (including
the specific duty of each additional employee).
``(9) Expedited procedures.--
``(A) In general.--Subject to subparagraph (B), the
Commission shall use emergency and expedited procedures
to carry out this subsection.
``(B) Report.--If the Commission decides not to use
the procedures described in subparagraph (A) in a
specific instance, not later than 30 days after the
date of the decision, the Commission shall submit to
Congress a detailed report that describes in each
instance the reasons for not using the procedures.''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act take
effect on June 24, 2008.
(b) Application.--Section 4a(f) of the Commodity Exchange Act (7
U.S.C. 6a(f)) (as amended by section 3) applies to any action taken by
the Commodity Futures Trading Commission or any person or entity on or
after June 24, 2008.
(c) Implementation.--The Commodity Futures Trading Commission shall
implement section 4a(f) of the Commodity Exchange Act (7 U.S.C. 6a(f))
(as amended by section 3) not later than December 31, 2008.
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End Oil Speculation Act of 2008 - Amends the Commodity Exchange Act to direct the Commodity Futures Trading Commission (CFTC) to eliminate manipulation and excessive speculation on petroleum futures markets by investigation, regulation, and rulemaking, while distinguishing between: (1) transactions by commercial producers and purchasers (as well as counterparties) involving actual physical petroleum products for future delivery ("legitimate hedge trading"); and (2) all other trading.
Instructs the CFTC to review and: (1) revoke or modify prior action regarding certain transactions, participants, or petroleum futures market activity that is not a legitimate hedge trade; and (2) consider revoking results of prior actions that have the effect of limiting, reducing, or eliminating the full applicability of position limits on trading that is not legitimate hedge trading, or the filing of any report or data regarding a trade or trader.
Directs the CFTC to set margin requirements of at least 25% for any trading that is not legitimate hedge trading.
Directs the CFTC to subject to its regulation any person engaging in a petroleum futures market activity in any location unless and until the activity occurs in a market or exchange whose regulations are substantially identical to CFTC regulations and are fully enforced.
Requires the CFTC to ensure that petroleum futures market participant activities are fully and accurately disclosed.
Instructs the CFTC to convene a working group of international regulators to develop uniform international oversight to protect petroleum futures markets from excessive speculation and other specified practices that pose systemic risks.
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Provide a summary of the following text: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Land
Assistance, Management and Enhancement Act'' or ``FLAME Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Flame Fund for catastrophic emergency wildland fire suppression
activities.
Sec. 3. Cohesive wildland fire management strategy.
Sec. 4. Review of certain wildfires to evaluate cost containment in
wildland fire suppression activities.
Sec. 5. Reducing risk of wildfires in fire-ready communities.
SEC. 2. FLAME FUND FOR CATASTROPHIC EMERGENCY WILDLAND FIRE SUPPRESSION
ACTIVITIES.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
following:
(A) Public lands, as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702).
(B) Units of the National Park System.
(C) Refuges of the National Wildlife Refuge System.
(D) Lands held in trust by the United States for
the benefit of Indian tribes or individual Indians.
(E) Lands in the National Forest System, as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(2) Flame fund.--The term ``Flame Fund'' means the Federal
Land Assistance, Management, and Enhancement Fund established
by this section.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land described in subparagraphs (A), (B), (C),
and (D) of paragraph (1); and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(b) Establishment and Availability of Flame Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Federal Land
Assistance, Management, and Enhancement Fund.
(2) Contents.--The Flame Fund shall consist of the
following amounts:
(A) Amounts appropriated to the Flame Fund pursuant
to the authorization of appropriations in subsection
(c).
(B) Amounts transferred to the Flame Fund pursuant
to subsection (d).
(3) Availability.--Subject to subsection (e), amounts in
the Flame Fund shall be available to the Secretaries to pay the
costs of catastrophic emergency wildland fire suppression
activities that are separate from amounts annually appropriated
to the Secretaries for the predicted annual workload for
wildland fire suppression activities, based on analyses of
historical workloads and anticipated increased workloads due to
changing environmental or demographic conditions.
(c) Authorization of Appropriations.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Flame Fund such funds as may be
necessary to carry out this section. It is the intent of
Congress that the amount appropriated to the Flame Fund for
fiscal year 2009 and each subsequent fiscal year equal the
average amount expended by the Secretaries for emergency
wildland fire suppression activities over the five fiscal years
preceding that fiscal year.
(2) Sense of congress on designation of certain
appropriations as emergency requirement.--It is the sense of
Congress that the amounts appropriated to the Flame Fund that
are above the average of the obligations of the preceding 10
years for wildland fire suppression in the Forest Service and
the Department of the Interior, adjusted for inflation, should
be designated as amounts necessary to meet emergency needs, and
the new budget authority and outlays resulting therefrom should
not count for the purposes of titles III and IV of the
Congressional Budget Act of 1974.
(3) Notice of insufficient funds.--The Secretaries shall
notify the congressional committees specified in subsection
(h)(2) whenever only an estimated two months worth of funding
remains in the Flame Fund.
(d) Transfer of Excess Wildland Fire Suppression Amounts Into Flame
Fund.--At the end of each fiscal year, the Secretary concerned shall
transfer to the Flame Fund amounts appropriated to the Secretary
concerned for wildland fire suppression activities for the fiscal year,
but not obligated for wildland fire suppression activities before the
end of the fiscal year.
(e) Use of Flame Fund.--
(1) Declaration required.--Amounts in the Flame Fund shall
be made available to the Secretary concerned only after the
Secretaries issue a declaration that a wildland fire
suppression activity is eligible for funding through the Flame
Fund.
(2) Declaration criteria.--A declaration by the Secretaries
under paragraph (1) shall be based on the following criteria:
(A) In the case of an individual wildland fire
incident--
(i) the fire covers 300 or more acres;
(ii) the severity of the fire, which may be
based on incident complexity or the potential
for increased complexity; and
(iii) the threat posed by the fire,
including the potential for loss of lives,
property, or critical resources.
(B) Consistent with subsection (f), in the case of
a firefighting season, cumulative wildland fire
suppression activities, when the costs of those
activities for the Secretary concerned are projected to
exceed amounts annually appropriated.
(3) Transfer of amounts to secretary concerned.--After
issuance of a declaration under paragraph (1) and upon the
request of the Secretary concerned, the Secretary of the
Treasury shall transfer from the Flame Fund to the Secretary
concerned such amounts as the Secretaries determine are
necessary for wildland fire suppression activities associated
with the declared suppression emergency.
(4) State, private, and tribal land.--Use of the Flame Fund
for catastrophic emergency wildland fire suppression activities
on State and private land and, where applicable, tribal land
shall be consistent with existing agreements where the
Secretaries have agreed to assume responsibility for wildland
fire suppression activities on the land.
(f) Treatment of Anticipated and Predicted Activities.--The
Secretary concerned shall continue to fund anticipated and predicted
wildland fire suppression activities within the appropriate agency
budget for each fiscal year. Use of the additional funding made
available through the Flame Fund is intended to supplement the budgeted
and appropriated agency funding and is to be used only for purposes and
in instances consistent with this section.
(g) Prohibition on Other Transfers.--All amounts in the Flame Fund,
as well as all funds appropriated for the purpose of wildland fire
suppression on Federal land, must be obligated before the Secretary
concerned may transfer funds from non-fire accounts for wildland fire
suppression.
(h) Accounting and Reports.--
(1) Accounting and reporting system.--The Secretaries shall
establish an accounting and reporting system for the Flame Fund
compatible with existing National Fire Plan reporting
procedures.
(2) Annual report.--The Secretaries shall submit to the
Committee on Natural Resources, the Committee on Agriculture,
and the Committee on Appropriations of the House of
Representatives and the Committee on Energy and Natural
Resources, the Committee on Indian Affairs, and the Committee
on Appropriations of the Senate an annual report on the use of
the funds from the Flame Fund, together with any
recommendations that the Secretaries may have to improve the
administrative control and oversight of the Flame Fund.
(3) Public availability.--The annual report required by
paragraph (2) shall be made available to the public.
SEC. 3. COHESIVE WILDLAND FIRE MANAGEMENT STRATEGY.
(a) Strategy Required.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall submit to Congress a report that
contains a cohesive wildland fire management strategy, consistent with
the recommendations contained in recent Comptroller General reports
regarding this issue.
(b) Elements of Strategy.--The strategy required by subsection (a)
shall address the findings of the Comptroller General in the reports
referred to in such subsection and include the following elements:
(1) A system to identify the most cost effective means for
allocating fire management budget resources.
(2) An illustration of plans by the Secretary of the
Interior and the Secretary of Agriculture to reinvest in non-
fire programs.
(3) A description of how the Secretaries will employ
appropriate management response.
(4) A system for assessing the level of risk to
communities.
(5) A system to ensure that the highest priority fuels
reduction projects are being funded first.
(c) Notice of Prescribed Fires.--As part of the strategy required
by subsection (a) for the Forest Service, the Secretary of Agriculture
shall ensure that, before any prescribed fire is used on National
Forest System land, owners of adjacent private land are notified in
writing of the date and scope of the proposed prescribed fire.
SEC. 4. REVIEW OF CERTAIN WILDFIRES TO EVALUATE COST CONTAINMENT IN
WILDLAND FIRE SUPPRESSION ACTIVITIES.
(a) Review Required.--The Secretary of the Interior and the
Secretary of Agriculture shall conduct a review, using independent
panels, of each wildfire incident for which the Secretary concerned
incurs expenses in excess of $10,000,000.
(b) Report.--The Secretary concerned shall submit to the Committee
on Natural Resources, the Committee on Agriculture, and the Committee
on Appropriations of the House of Representatives and the Committee on
Energy and Natural Resources, the Committee on Indian Affairs, and the
Committee on Appropriations of the Senate a report containing the
results of each review conducted under subsection (a).
SEC. 5. REDUCING RISK OF WILDFIRES IN FIRE-READY COMMUNITIES.
(a) Fire-Ready Community Defined.--In this section, the term
``fire-ready community'' means a community that--
(1) is located within a priority area identified pursuant
to subsection (b);
(2) has a cooperative fire agreement that articulates the
roles and responsibilities for Federal, State and local
government entities in local wildfire suppression and
protection;
(3) has local codes that require fire-resistant home design
and building materials;
(4) has a community wildfire protection plan (as defined in
section 101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6502)); and
(5) is engaged in a successful collaborative process that
includes multiple interested persons representing diverse
interests and is transparent and nonexclusive, such as a
resource advisory committee established under section 205 of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (Public Law 106-393; 16 U.S.C. 500 note).
(b) Fire Risk Mapping.--As soon as is practicable after the date of
the enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior (in this section referred to as the
``Secretaries'') shall develop regional maps of communities most at
risk of wildfire and in need of hazardous fuel treatment and
maintenance. The maps shall identify priority areas for hazardous fuels
reduction projects, including--
(1) at-risk communities in fire-prone areas of the
wildland-urban interface (as defined in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502));
(2) watersheds and municipal drinking water sources;
(3) emergency evacuation corridors;
(4) electricity transmission corridors; and
(5) low-capacity or low-income communities.
(c) Local Wildland Firefighting Capability Grants.--
(1) Grants available.--The Secretaries may provide cost-
share grants to fire-ready communities to assist such
communities in carrying activities authorized by paragraph (2).
(2) Eligible activities.--Grant funds may be used for the
following:
(A) Education programs to raise awareness of
homeowners and citizens about wildland fire protection
practices, including FireWise or similar programs.
(B) Training programs for local firefighters on
wildland firefighting techniques and approaches.
(C) Equipment acquisition to facilitate wildland
fire preparedness.
(D) Implementation of a community wildfire
protection plan.
(d) Wildland Fire Cost-Share Agreements.--In developing any
wildland fire cost-share agreement with a State Forester or equivalent
official, the Secretaries shall, to the greatest extent possible,
encourage the State and local communities involved to become fire-ready
communities.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section such sums as
may be necessary.
Passed the House of Representatives July 9, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
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Federal Land Assistance, Management and Enhancement Act or FLAME Act - (Sec. 2) Establishes in the Treasury the Federal Land Assistance, Management, and Enhancement Fund (the Flame Fund).
Requires amounts in the Flame Fund to be made available to the Secretary of the Interior and the Secretary of Agriculture (the Secretaries) to pay the costs of catastrophic emergency wildland fire suppression activities that are separate from amounts annually appropriated for the predicted annual workload for such activities.
Authorizes appropriations for the Flame Fund. States the intent of Congress with respect to the expenditure of amounts appropriated to the Fund. Expresses the sense of Congress regarding the designation of certain appropriations as amounts necessary to meet emergency needs.
Instructs the Secretaries to notify specified congressional committees whenever only an estimated two months worth of funding remains in the Fund.
Provides for the transfer of unobligated wildland fire suppression funds into the Flame Fund.
Provides for amounts in the Flame Fund to be made available to the Secretaries only after such Secretaries issue a declaration that a wildland fire suppression activity is eligible for funding through the Fund. Sets forth the criteria upon which such a declaration shall be based.
Provides for the continuation of funding for anticipated and predicted wildland fire suppression activities within appropriate agency budgets. States that use of the additional funding made available through the Flame Fund is intended to supplement the budgeted and appropriated agency funding and is to be used only for purposes and in instances consistent with this section.
Provides that, all amounts in the Flame Fund and all funds appropriated for wildland fire suppression on federal land, must be obligated before the transfer of funds from non-fire accounts for wildland fire suppression.
Directs the Secretaries to establish an accounting and reporting system for the Flame Fund compatible with existing National Fire Plan reporting procedures.
Requires the Secretaries to annually report on the use of the funds from the Flame Fund, together with recommendations that the Secretaries may have to improve administrative control and oversight of the Fund. Requires such report to be made available to the public.
(Sec. 3) Requires the Secretaries to submit a report that contains a cohesive wildland fire management strategy, consistent with the recommendations of the Comptroller General.
Sets forth the elements of the strategy. Includes a system for ensuring that the highest priority fuels reduction projects are being funded first.
Ensures that owners of adjacent private land are notified before any prescribed fire is used on National Forest System land.
(Sec. 4) Directs the Secretaries to conduct a review, using independent panels, of each wild fire incident that incurs expenses exceeding $10 million, and to submit a report containing the results of each review conducted.
(Sec. 5) Directs the Secretaries to develop regional maps of communities most at risk of wildfire and in need of hazardous fuel treatment and maintenance.
Requires such maps to identify priority areas for hazardous fuels reduction projects, including: (1) at-risk communities in fire-prone areas of the wildland-urban interface; (2) watersheds and municipal drinking water sources; (3) emergency evacuation corridors; (4) electricity transmission corridors; and (5) low-capacity or low-income communities.
Authorizes the Secretaries to provide cost-share grants to fire-ready communities which may be used for: (1) education programs to raise awareness of homeowners and citizens about wildland fire protection practices, including FireWise or other similar programs; (2) training programs for local firefighters on wildland firefighting techniques and approaches; (3) equipment acquisition to facilitate wildland fire preparedness; and (4) implementation of a community wildfire protection plan.
Instructs the Secretaries, in developing any wildland fire cost-share agreement with a state forester or equivalent official, to encourage the state and local communities involved to become fire-ready communities.
Authorizes appropriations to carry out this section.
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Condense the following text into a summary: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jumpstart Housing Opportunities
Utilizing Small Enterprises Act of 2016'' or the ``Jumpstart HOUSE Act
of 2016''.
SEC. 2. NEW TRANCHES OF CAPITAL FOR SUCCESSFUL STATE PROGRAMS.
Section 3003 of the State Small Business Credit Initiative Act of
2010 (12 U.S.C. 5702) is amended by adding at the end the following:
``(d) Additional Allocation and Competitive Awards.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible participating State' means
a participating State that has certified to the
Secretary that the State has expended, transferred, or
obligated not less than 80 percent of the second \1/3\
of the 2010 allocation transferred to the State under
subsection (c)(1)(A)(iii); and
``(B) the term `unused funds' means--
``(i) amounts made available to the
Secretary under clause (i)(II) or (ii)(II) of
paragraph (2)(E); and
``(ii) amounts made available to the
Secretary under paragraph (4)(B)(ii).
``(2) Allocation for 2010 participating states.--
``(A) Allocation.--Of the amount made available
under paragraph (6)(D), the Secretary shall allocate a
total of $500,000,000 among eligible participating
States in the same ratio as funds were allocated under
the 2010 allocation under subsection (b)(1) among
participating States.
``(B) Application.--An eligible participating State
desiring to receive funds allocated under this
paragraph shall submit an application--
``(i) not later than the date that is 6
months after the date of enactment of this
subsection; and
``(ii) in such manner and containing such
information as the Secretary may require.
``(C) Availability of allocated amount.--
``(i) In general.--Notwithstanding
subsection (c)(1), after an eligible
participating State approved by the Secretary
to receive an allocation under this paragraph
has certified to the Secretary that the
eligible participating State has expended,
transferred, or obligated not less than 80
percent of the last \1/3\ of the 2010
allocation to the eligible participating State,
the Secretary shall transfer to the eligible
participating State the funds allocated to the
eligible participating State under this
paragraph.
``(ii) Effect on agreements.--The
allocation or transfer of funds under this
paragraph to an eligible participating State
shall not be construed to--
``(I) amend or modify the terms of
the Allocation Agreement entered into
by the eligible participating State
relating to the 2010 allocation; or
``(II) modify or extend the
Allocation Time Period, as defined
under such Allocation Agreement.
``(D) Use of transferred funds.--An eligible
participating State may use funds transferred under
this paragraph for any purpose authorized under
subparagraph (A), (B), or (C) of subsection (c)(3).
``(E) Termination of availability of amounts.--
``(i) In general.--If an eligible
participating State has not certified to the
Secretary that the State has expended,
transferred, or obligated not less than 80
percent of the last \1/3\ of the 2010
allocation as of the date that is 2 years after
the date on which the Secretary approves the
eligible participating State to receive an
allocation under this paragraph, any amounts
allocated to the eligible participating State
under this paragraph--
``(I) may not be transferred to the
eligible participating State under this
paragraph; and
``(II) shall be available to the
Secretary to make awards under
paragraph (4).
``(ii) Other amounts.--Effective on the
date that is 2 years after the date of
enactment of this subsection, any amounts
allocated under this paragraph to a
participating State that, as of such date, is
not an eligible participating State or to an
eligible participating State that did not
submit an application under subparagraph (B) or
was not approved by the Secretary to receive an
allocation under this paragraph--
``(I) may not be transferred to an
eligible participating State under this
paragraph; and
``(II) shall be available to the
Secretary to make awards under
paragraph (4).
``(3) Competitive funding.--
``(A) In general.--Of the amount made available
under paragraph (6)(D), the Secretary may award, on a
competitive basis, not more than a total of
$1,000,000,000 to participating States and consortiums
of participating States for use for any purpose
authorized under subparagraph (A), (B), or (C) of
subsection (c)(3).
``(B) Application.--
``(i) In general.--A participating State or
consortium of participating States desiring to
receive an award under this paragraph shall
submit an application--
``(I) not later than the date
established by the Secretary, which
shall be not later than the date that
is 1 year after the date of enactment
of this subsection; and
``(II) in such manner and
containing such information as the
Secretary may require.
``(ii) Number of applications.--A
participating State may submit not more than 1
application on behalf of the participating
State and not more than 1 application as part
of a consortium of participating States.
``(iii) States that did not participate.--A
State that is not a participating State may
apply to the Secretary for approval to be a
participating State for purposes of this
paragraph and paragraph (4), in accordance with
section 3004.
``(C) Factors.--In determining whether to make an
award to a participating State or consortium of
participating States under this paragraph, the
Secretary shall consider--
``(i) how the participating State or
consortium of participating States plan to use
amounts provided under the award under the
approved State program to--
``(I) leverage private sector
capital;
``(II) create and retain jobs
during the 2-year period beginning on
the date of the award;
``(III) serve businesses that have
been incorporated or in operation for
not more than 5 years; and
``(IV) serve low- or moderate-
income communities;
``(ii) the extent to which the
participating State or consortium of
participating States will establish or continue
a robust self-evaluation of the activities of
the participating State or consortium of
participating States using amounts made
available under this title;
``(iii) the extent to which the
participating State or consortium of
participating States will provide non-Federal
funds in excess of the amount required under
subparagraph (E); and
``(iv) the extent to which the
participating State expended, obligated, or
transferred the 2010 allocation to the State.
``(D) Award of funds.--
``(i) First tranche.--Notwithstanding
subsection (c)(1), and not later than 30 days
after making an award under this paragraph to a
participating State or consortium of
participating States, the Secretary shall
transfer 50 percent of the amount of the award
to the participating State or consortium of
participating States.
``(ii) Second tranche.--After a
participating State or consortium of
participating States has certified to the
Secretary that the participating State or
consortium of participating States has
expended, transferred, or obligated not less
than 80 percent of the amount transferred under
clause (i), the Secretary shall transfer to the
participating State or consortium of
participating States the remaining amount of
the award.
``(E) State share.--The State share of the cost of
the activities, excluding administrative expenses,
carried out using an award under this paragraph shall
be not less than 10 percent. The Secretary may
determine what contributions by a State qualify as part
of the State share of the cost for purposes of this
subparagraph.
``(4) Award of unused funds.--
``(A) In general.--The Secretary may award, on a
competitive basis, unused funds to participating States
for use for any purpose authorized under subparagraph
(A), (B), or (C) of subsection (c)(3).
``(B) Unused 2010 funds.--
``(i) In general.--The Secretary shall
determine whether any amounts allocated to a
participating State under subsection (b) shall
be deemed no longer allocated and no longer
available if a participating State has not
certified to the Secretary that the State has
expended, transferred, or obligated 80 percent
of the second \1/3\ of the 2010 allocation by
December 31, 2016.
``(ii) Availability.--Effective on the date
of the determination under clause (i), any
amounts identified in the determination that
were deemed no longer allocated and no longer
available to the participating State shall be
available to the Secretary to make awards under
this paragraph.
``(C) Application.--A participating State desiring
to receive an award under this paragraph shall submit
an application--
``(i) not later than 3 months after the
date on which funds are deemed no longer
allocated and no longer available to any
participating State; and
``(ii) in such manner and containing such
information as the Secretary may require.
``(D) Factors.--In determining whether to make an
award to a participating State under this paragraph,
the Secretary shall consider the factors described in
paragraph (3)(C).
``(E) Minimum amount.--The Secretary may not make
an award of less than $5,000,000 under this paragraph.
``(5) Compliance and reporting requirements.--During the
period beginning on the date on which a participating State
first receives funds under paragraph (2), (3), or (4) and
ending on the date that is 8 years after the date of enactment
of this subsection, the participating State shall submit
quarterly and annual reports containing the information
described in, and in accordance with the deadlines established
under, section 3007.
``(6) Administration and implementation.--
``(A) Administrative expenses for participating
states.--A participating State may use not more than 3
percent of the amount made available to the
participating State under paragraph (2), (3), or (4)
for administrative expenses incurred by the
participating State in implementing an approved State
program.
``(B) Contracting.--During the 1-year period
beginning on the date of enactment of this subsection,
and notwithstanding any other provision of law relating
to public contracting, the Secretary may enter into
contracts to carry out this subsection.
``(C) Amounts not assistance.--Any amounts
transferred to a participating State under paragraph
(2), (3), or (4) shall not be considered assistance for
purposes of subtitle V of title 31, United States Code.
``(D) Appropriation.--There are appropriated to the
Secretary, out of any funds in the Treasury not
otherwise appropriated, $1,500,000,000 to carry out
this subsection, including to pay reasonable costs of
administering the programs under this subsection, to
remain available until expended.
``(E) Termination of secretary's program
administration functions.--The authorities and duties
of the Secretary to implement and administer the
program under this subsection shall terminate at the
end of the 8-year period beginning on the date of
enactment of this subsection.''.
SEC. 3. SUPPORT FOR AFFORDABLE HOUSING PROJECTS.
Section 3003(c) of the State Small Business Credit Initiative Act
of 2010 (12 U.S.C. 5702(c)) is amended--
(1) in paragraph (3)--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following:
``(C) to provide funds to small businesses to be
used--
``(i) to develop, acquire, construct,
rehabilitate, maintain, operate, or manage
housing projects that provide housing that is
affordable for low- or moderate-income
households, as determined by the Secretary, in
consultation with the Secretary of Housing and
Urban Development;
``(ii) notwithstanding section 220 of the
Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 12750) or any other provision of
law, to cover any contribution required under
such section or any matching amount,
contribution amount, or non-Federal share
required in connection with any other Federal
grant or assistance program to provide housing
that is affordable for low- or moderate-income
households; or
``(iii) for purchasing foreclosed
properties and property being sold by a State
or local government, but only for the use of
such properties for the purposes specified in
clause (i) of this subparagraph;'';
(2) in paragraph (6)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) the term `small business' has the meaning
given the term `small business concern' under section
3(a) of the Small Business Act.''; and
(3) by adding at the end the following:
``(7) Use of funds for affordable housing purposes.--With
respect to a participating State, of amounts transferred under
this section to the State that have not been obligated as of
the date of the enactment of this paragraph, the State shall
use, at a minimum, the lesser of--
``(A) $2,500,000, and
``(B) 10 percent of such unobligated amount,
for the purposes described under paragraph (3)(C).''.
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Jumpstart Housing Opportunities Utilizing Small Enterprises Act of 2016 or the Jumpstart HOUSE Act of 2016 This bill amends the State Small Business Credit Initiative Act of 2010 to extend for an additional eight fiscal years the State Small Business Credit Initiative to assist participating states to give collateral support and other innovative credit access and guarantee initiatives for small businesses and manufacturers. The bill also prescribes allocations of federal funds to participating states. The Department of the Treasury may award, on a competitive basis, up to a total of $1 billion in two tranches, according to specified criteria, to participating states and consortiums of participating states for use: (1) for making federal contributions to, or for the account of, an approved state program; or (2) as collateral for a qualifying loan or swap funding facility. Small businesses receiving funds from a participating state may use them to: develop, acquire, construct, rehabilitate, maintain, operate, or manage projects for affordable housing for low- or moderate-income households; cover any contribution, matching amount, or non-federal share required in connection with any other federal grant or assistance program to provide such housing; or purchase foreclosed properties and property being sold by a state or local government, but only for the use of such properties for such housing.
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Create a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rent-To-Own Reform Act of 2006''.
SEC. 2. RENT-TO-OWN PROTECTION ACT.
The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is
amended by adding at the end the following new title:
``TITLE X--RENT-TO-OWN TRANSACTIONS
``Sec
``1001. Short title
``1002. Findings and purposes
``1003. Definitions
``1004. Application of State laws regarding fees, charges, guarantees,
and warranties to rent-to-own transactions
``1005. Application of Federal laws to rent-to-own transactions
``1006. Disclosures
``1007. Prohibitions and enforcement
``1008. Civil liability
``1009. Application of this title
``1010. Regulations
``1011. Relationship to other laws
``SEC. 1001. SHORT TITLE.
``This title may be cited as the `Rent-To-Own Protection Act'.
``SEC. 1002. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) the rent-to-own industry targets its products
primarily to low income and minority neighborhoods;
``(2) the majority of rent-to-own customers enter into
rent-to-own contracts with the intention of owning the goods
for which they are contracting;
``(3) rent-to-own dealers often fail to disclose key terms
of rent-to-own contracts, and engage in unfair collection
practices; and
``(4) of primary significance, rent-to-own dealers do not
provide customers with the protections afforded purchasers in
retail installment sales under State and Federal laws, and
often charge excessive fees and interest rates.
``(b) Purposes.--The purposes of this title are--
``(1) to provide consumers in rent-to-own transactions the
range of protections provided under State and Federal laws to
individuals that acquire goods in other consumer credit sales,
while recognizing and preserving consumers' unilateral right to
terminate;
``(2) to require rent-to-own contracts and tags affixed to
items available for acquisition in rent-to-own transactions to
disclose material terms of those transactions; and
``(3) to prohibit rent-to-own dealers and collection agents
hired by those dealers from engaging in abusive collection
practices.
``SEC. 1003. DEFINITIONS.
``For purposes of this title, the following definitions shall
apply:
``(1) Board.--The term `Board' means the Board of Governors
of the Federal Reserve System.
``(2) Cash price.--The term `cash price' means the fair
market price at which retail sellers, not in the business of
renting or leasing such goods, are selling and retail buyers
are buying the same or similar property for cash in the same
trade area in which the lessor's place of business is located.
Any increase in the cash price above such fair market price
shall be disclosed to the consumer as a finance charge.
``(3) Consumer.--The term `consumer'--
``(A) when used as an adjective, means for use by
an individual primarily for personal, family, or
household purposes; and
``(B) when used as a noun, means an individual who
is the lessee or bailee under a rent-to-own contract.
``(4) Credit.--The term `credit'--
``(A) includes the right granted by a seller to a
consumer to obtain possession of an item of consumer
goods under a rent-to-own contract before payment of
the total amount that is required to be paid to acquire
ownership of the item; and
``(B) is deemed to be a fixed sum equal to--
``(i) the total of payments for the item
required to obtain ownership of the item under
the contract; minus
``(ii) the sum of--
``(I) the cash price;
``(II) any fees specifically
allowable under State law, except
finance charges, interest, or a time
price differential; and
``(III) the termination fee under
section 1004.
``(5) Rent-to-own contract.--The term `rent-to-own
contract' means--
``(A) a contract in the form of a terminable lease
or bailment of an item of consumer goods, under which--
``(i) a consumer--
``(I) has the right of possession
and use of the item; and
``(II) has the option to renew the
contract periodically by making
payments specified in the contract; and
``(ii) a seller agrees, in writing or
orally, to transfer ownership of the item to
the consumer upon the fulfillment of all
obligations of the consumer under the contract
for that transfer; and
``(B) any contract which is advertised as or
denominated as a rent-to-own contract or lease-purchase
contract, or which is in substance a rent-to-own
contract, as described in subparagraph (A).
``(6) Rent-to-own transaction.--The term `rent-to-own
transaction' means the lease or bailment of an item of consumer
goods under a rent-to-own contract.
``(7) Seller.--The term `seller' means--
``(A) a person--
``(i) who regularly makes consumer goods
available under rent-to-own contracts; and
``(ii) to whom payments are payable under
those contracts; and
``(B) an assignee of such a person.
``(8) State.--The term `State' means any State, the
Commonwealth of Puerto Rico, the District of Columbia, and any
territory or possession of the United States.
``SEC. 1004. APPLICATION OF STATE LAWS REGARDING FEES, CHARGES,
GUARANTEES, AND WARRANTIES TO RENT-TO-OWN TRANSACTIONS.
``(a) In General.--Subject to subsection (b), a seller in a rent-
to-own transaction may not take, receive, or assess any interest,
finance charge, or other fee for the transaction that is in excess of
the interest, fees, or finance charges that may be charged under the
laws of the State in which the seller is located which--
``(1) establish a maximum rate or amount of interest,
finance charge, or time-price differential that may be charged
in connection with a credit sale or retail installment sale for
the same or a similar item;
``(2) establish the types of fees and the maximum amount of
fees that a seller may charge in connection with a credit sale
or retail installment sale for the same or a similar item; or
``(3) establish the types of credit insurance and the
maximum amount of premiums that can be charged for credit
insurance in connection with a credit sale or a retail
installment sale for the same or a similar item.
``(b) Additional Termination Charges and Fees.--
``(1) Charges and fees authorized.--In addition to fees and
charges authorized under subsection (a), a seller in a rent-to-
own transaction may charge--
``(A) a termination fee in accordance with
paragraph (2), if in exchange the consumer is given the
right to terminate the rent-to-own contract for the
transaction at any time without regard to whether the
consumer has completed payment of the fee; and
``(B) fees that are reasonable in relation to the
cash price of the good, for recovery of the items that
are the subject of the contract and that are not
voluntarily returned to the seller upon the termination
of the contract.
``(2) Termination fee.--A termination fee under paragraph
(1)(A)--
``(A) shall not exceed 5 percent of the cash price
under the contract;
``(B) shall be disclosed in the contract;
``(C) may be paid at the time the contract is
entered into or over the life of the contract; and
``(D) shall be calculated as part of the finance
charge as determined under section 106 of the Truth in
Lending Act.
``(3) Recovery fees.--A recovery fee under paragraph (1)(B)
shall be disclosed in the contract.
``(4) Effect of termination.--The termination of a rent-to-
own contract by a consumer in accordance with a right of
termination given to the consumer in exchange for a termination
fee under subsection (a)(1) is deemed to satisfy the consumer's
obligation for all payments and fees due under the contract,
except fees and charges under the contract that become due
before the date of termination.
``(c) Guarantees and Warranties.--All guarantees and warranties
established or required under the laws of a State for goods sold
pursuant to a consumer credit sale or retail installment sale apply to
goods which are the subject of a rent-to-own transaction in the State.
``SEC. 1005. APPLICATION OF FEDERAL LAWS TO RENT-TO-OWN TRANSACTIONS.
``The following Federal laws apply to a rent-to-own transaction, as
follows:
``(1) Truth in lending act.--The Truth in Lending Act
applies as such Act applies to a consumer credit transaction
that is a credit sale (as that term is defined in that Act).
``(2) Equal credit opportunity act.--The Equal Credit
Opportunity Act applies as such Act applies to credit
transactions. For purposes of that application--
``(A) a consumer shall be treated as an applicant;
and
``(B) a seller shall be treated as a creditor.
``(3) Fair debt collection practices act.--The Fair Debt
Collection Practices Act applies to the collection of payments
owed that arise from a rent-to-own transaction, unless those
payments are collected by any person specified in subparagraphs
(A) through (F) of section 803(6) of such Act. For purposes of
that application, payments owed shall be treated as debt.
``(4) Fair credit reporting act.--The Fair Credit Reporting
Act applies as such Act applies to a credit transaction and to
any extension or denial of credit.
``SEC. 1006. DISCLOSURES.
``(a) Disclosures on Goods.--A seller shall include on each item in
the place of business of the seller that is available for purchase
pursuant to a rent-to-own transaction the following information:
``(1) The cash price of the item.
``(2) An itemization of services offered under a rent-to-
own contract for the item, and the cash price of each service.
``(3) The annual percentage rate of the item under a rent-
to-own contract, determined under section 107 of the Truth in
Lending Act.
``(4) The weekly, biweekly, monthly, or other incremental
payment applicable under the rent-to-own contract for the
transaction and the number of payments.
``(5) The total of payments required to be paid to acquire
ownership of the item under a rent-to-own contract for the
transaction, determined under regulations under the Truth in
Lending Act.
``(6) Specification of whether the item is new or used.
``(b) Disclosures Upon Contracting.--A seller shall provide to a
consumer in writing, at the time the seller and consumer enter into a
rent-to-own contract for an item, the information referred to in
subsection (a) for the item and the contract.
``SEC. 1007. PROHIBITIONS AND ENFORCEMENT.
``(a) Prohibitions.--A person who is a seller under a rent-to-own
contract with a consumer shall not--
``(1) threaten or invoke criminal prosecution of a consumer
for any matter related to the contract, unless there is clear
and convincing evidence that the goods that are the subject of
the contract are being held by the consumer with an intent to
defraud the seller;
``(2) use threats or coercion to collect or attempt to
collect any amounts alleged to be due from the consumer;
``(3) engage in any conduct, the natural consequence of
which is to oppress, harass, or abuse any person in connection
with an attempt to collect amounts owed by the consumer under
the contract;
``(4) unreasonably disclose information to third parties
regarding amounts owed by the consumer;
``(5) make any fraudulent, deceptive, or misleading
representation to obtain information about the consumer or to
collect amounts owed by the consumer;
``(6) use any unconscionable means to collect or attempt to
collect a debt owed to the seller;
``(7) advertise, announce, solicit, or otherwise represent
as free or available without charge (including by use of other
words of similar meaning) any service under the contract for
which the seller charges the consumer, including any service
for which a charge is collected by inclusion in the amount
required to be paid under the contract;
``(8) use, for purposes of complying with any State or
Federal law governing rent-to-own transactions (other than a
State or Federal tax law) any definition of the term `cash
price' other than the definition under section 1003(2);
``(9) engage in any act or practice which is unfair or
deceptive in connection with a rent-to-own transaction; or
``(10) violate any regulation issued by the Board under
subsection (c)(1).
``(b) Enforcement.--
``(1) Enforcement.--Compliance with the requirements under
this title shall be enforced by the Federal Trade Commission.
All functions and powers of the Federal Trade Commission under
the Federal Trade Commission Act shall be available to the
Commission to enforce compliance with this title by any person,
irrespective of whether the person is engaged in commerce or
meets any other jurisdictional tests in the Federal Trade
Commission Act, including the power to enforce the provisions
of this title in the same manner as if the violation had been a
violation of a Federal Trade Commission trade regulation rule.
``(2) Treatment of violations.--For the purpose of the
exercise by the Federal Trade Commission of the functions and
powers of such Commission under the Federal Trade Commission
Act, a violation of any requirement or prohibition under this
title is deemed to be an unfair or deceptive act or practice in
commerce in violation of that Act.
``(c) Regulations.--
``(1) Board.--The Board shall issue such regulations as are
necessary or appropriate for implementing subsection (a),
including regulations describing specific practices by a seller
that are prohibited by paragraphs (1) through (9) of that
subsection.
``(2) Federal trade commission.--The Federal Trade
Commission shall issue regulations implementing subsection (b).
``SEC. 1008. CIVIL LIABILITY.
``(a) Liability for Failure To Properly Disclose Terms.--Any seller
who fails to comply with a requirement under section 1006 is liable to
the consumer in an amount equal to the sum of--
``(1) actual damages sustained by the consumer as a result
of the failure;
``(2) $250 for each failure; and
``(3) all costs of the action and reasonable attorney fees,
as determined by the court.
``(b) Other Liability.--A seller that violates this title or fails
to comply with any requirement imposed under this title, other than
under section 1006, shall be liable to the consumer in an amount equal
to the sum of--
``(1) actual damages sustained by the consumer as a result
of the violation;
``(2) $2,500 for each violation; and
``(3) all costs of the action and reasonable attorney fees,
as determined by the court.
``(c) Jurisdiction and Limitation.--An action under this title may
be brought in any United States district court or in any other court of
competent jurisdiction, within 24 months after the date of the
violation or failure that is the subject of the action. This subsection
does not bar a person from asserting a violation of this title in an
action to collect amounts alleged to be due from the person which is
brought more than 2 years after the date of the occurrence of the
violation as a matter of defense by recoupment or set-off in such
action.
``SEC. 1009. APPLICATION OF THIS TITLE.
``(a) In General.--This title shall apply to rent-to-own contracts
entered into after the date of the issuance of regulations by the Board
under section 1010.
``(b) Motor Vehicles.--This title shall not apply to any lease or
sale of a motor vehicle entered into after the date of enactment of the
Rent-To-Own Reform Act of 2006 that, if entered into on the day before
that date of enactment, would have been subject to chapter 5 of the
Truth in Lending Act.
``SEC. 1010. REGULATIONS.
``The Board shall issue such regulations as may be necessary to
implement this title (including regulations under section 1007(c)(1)),
not later than 12 months after the date of enactment of the Rent-To-Own
Reform Act of 2006.
``SEC. 1011. RELATIONSHIP TO OTHER LAWS.
``(a) State Law.--This title does not annul, alter, or affect, or
exempt any person subject to the provisions of this title from
complying with, the laws of any State with respect to rent-to-own
transactions, except to the extent that those laws are inconsistent
with any provision of this title, and then only to the extent of the
inconsistency. A State law is not inconsistent with this title solely
because the protection afforded by such provision of law to any
consumer is greater than the protection afforded by this title.
``(b) Consumer Lease Provisions of Truth in Lending Act.--Chapter 5
of the Truth in Lending Act, relating to consumer leases, shall not
apply to a rent-to-own transaction except the lease or sale of a motor
vehicle that, if entered into on the day before the date of enactment
of the Rent-To-Own Reform Act of 2006, would have been subject to that
chapter.''.
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Rent-To-Own Reform Act of 2006 - Amends the Consumer Credit Protection Act to prohibit a seller in a rent-to-own transaction from receiving or assessing any interest, finance charge, or other fee for the transaction that exceeds the interest, fees, or finance charges permissible under the laws of the state in which the seller is located which establish: (1) a maximum rate or amount of interest, finance charge, or time-price differential that may be charged in connection with a credit sale or retail installment sale for the same or a similar item; (2) the types of fees and the maximum amount of fees that a seller may so charge; or (3) the types of credit insurance and the maximum amount of premiums that can be charged for credit insurance in such a connection.
Permits certain additional termination charges and fees.
Cites federal laws which are applicable to a rent-to-own transaction.
Sets forth required disclosures, prohibitions, and enforcement, as well as civil liability for failure to properly disclose the terms of a rent-to-own transaction.
Declares this Act inapplicable to certain motor vehicles sales and leases otherwise subject to the Truth in Lending Act.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``David Jayne Homebound Reform Act of
2003''.
SEC. 2. DEMONSTRATION PROJECT TO CLARIFY THE DEFINITION OF HOMEBOUND.
(a) Demonstration Project.--Not later than January 1, 2004, the
Secretary shall conduct a demonstration project under which medicare
beneficiaries with chronic conditions described in subsection (b) are
deemed to be homebound for purposes of receiving home health services
under the medicare program.
(b) Medicare Beneficiary Described.--For purposes of subsection
(a), a medicare beneficiary is eligible to be deemed to be homebound,
without regard to the purpose, frequency, or duration of absences from
the home, if the beneficiary--
(1) has been certified by a physician as an individual who
has a permanent and severe condition that will not improve;
(2) requires the individual to receive assistance from
another individual with at least 3 out of the 5 activities of
daily living for the rest of the individual's life;
(3) requires 1 or more home health services to achieve a
functional condition that gives the individual the ability to
leave home; and
(4) requires technological assistance or the assistance of
another person to leave the home.
(c) Data.--The Secretary shall collect such data on the
demonstration project with respect to the provision of home health
services to medicare beneficiaries that relates to quality of care,
patient outcomes, and additional costs, if any, to the medicare
program.
(d) Reports to Congress.--(1) Not later than 1 year after the date
of the implementation of the demonstration project under this section,
the Secretary shall submit to Congress an initial report on the project
using the data collected under subsection (c).
(2) Not later than 1 year after the date of submittal of the report
under paragraph (1), the Secretary shall submit to Congress an
additional report on the project using the data collected under
subsection (c).
(e) Waiver Authority.--The Secretary shall waive compliance with
the requirements of title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) to such extent and for such period as the Secretary
determines is necessary to conduct demonstration projects.
(f) Construction.--Nothing in this section shall be construed as
waiving any applicable civil monetary penalty, criminal penalty, or
other remedy available to the Secretary under title XI or title XVIII
of the Social Security Act for acts prohibited under such titles,
including penalties for false certifications for purposes of receipt of
items or services under the medicare program.
(g) Authorization of Appropriations.--There is authorized to be
appropriated from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Insurance Trust Fund under title XVIII of the
Social Security Act (42 U.S.C. 1395i, 1395t), in such proportions as
the Secretary determines to be appropriate, such funds as are necessary
for the costs of carrying out the demonstration project under this
section.
(h) Definitions.--In this section:
(1) Medicare beneficiary.--The term ``medicare
beneficiary'' means an individual entitled to benefits under
part A of this title, enrolled under part B of this title, or
both.
(2) Home health services.--The term ``home health
services'' has the meaning given such term in section 1861(m)
of the Social Security Act (42 U.S.C. 1395x(m)).
(3) Activities of daily living defined.--The term
``activities of daily living'' means eating, toileting,
transferring, bathing, and dressing.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. CLARIFICATION OF THE DEFINITION OF HOMEBOUND FOR PURPOSES OF
DETERMINING ELIGIBILITY FOR HOME HEALTH SERVICES UNDER
THE MEDICARE PROGRAM.
(a) Clarification.--Sections 1814(a) and 1835(a) of the Social
Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended by adding
at the end the following: ``Notwithstanding the preceding sentences, in
the case of an individual who has been certified by a physician as an
individual who has a permanent and severe condition that will not
improve and requires the individual to receive assistance from another
individual with at least 3 out of the 5 activities of daily living for
the rest of the individual's life, who requires 1 or more home health
services described in section 1861(m) to achieve a functional condition
that gives the individual the ability to leave home, and who requires
technological assistance or the assistance of another person to leave
the home, the Secretary may not disqualify such individual from being
considered to be `confined to his home' based on the purpose,
frequency, or duration of the absences from the home. For purposes of
the preceding sentence, the term `activities of daily living' means
eating, toileting, transferring, bathing, and dressing.''.
(b) Contingent Effective Date.--(1) The amendments made by
subsection (a) shall become effective (if at all) in accordance with
paragraph (2).
(2)(A) Not later than December 1, 2006, the Secretary of Health and
Human Services (in this paragraph referred to as the ``Secretary'')
shall submit to Congress a report on the results of the demonstration
project established under section 2 that analyzes the effect of the
demonstration project on the provision of home health services under
the medicare program.
(B) Such project shall be discontinued, and the amendments made by
subsection (a) shall become effective, on January 1, 2007, unless the
Secretary includes in that report a finding, on the basis of data
collected under section 2(c) that the clarification of the definition
of homebound under the demonstration project--
(i) adversely effects the provision of home health services
under the medicare program; or
(ii) directly causes an unreasonable increase of
expenditures under the medicare program for the provision of
such services that is directly attributable to such
clarification.
(C) If the Secretary includes in the report under subparagraph (B)
a finding referred to in subparagraph (B)(ii), the Secretary shall
include in such report--
(i) the specific data evidencing the amount of the increase
in expenditures that is a directly attributable to the
clarification (expressed both in absolute dollar terms and as a
percentage) above expenditures incurred for home health
services under the medicare program made for home health
services that are covered under the program without regard to
this Act; and
(ii) specific recommendations to exempt permanently and
severely disabled homebound beneficiaries from restrictions on
the length, frequency and purpose of their absences from the
home to qualify for home health services without incurring
additional unreasonable costs to the medicare program.
(c) Technical Amendments.--(1) Sections 1814(a) and 1835(a) of the
Social Security Act (42 U.S.C. 1395f(a); 1395n(a)) are each amended in
the sixth sentence by striking ``leave home,'' and inserting ``leave
home and''.
(2) Section 1814(a) of the Social Security Act (42 U.S.C.
1395f(a)), as amended by subsection (a), is amended by moving the
seventh sentence, as added by section 322(a)(1) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000
(appendix F, 114 Stat. 2763A-501), as enacted into law by section
1(a)(6) of Public Law 106-554, to the end of that section.
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David Jayne Homebound Reform Act of 2003 - Directs the Secretary to conduct a demonstration project under which Medicare beneficiaries with a permanent and severe condition meeting specified criteria are deemed to be homebound for purposes of receiving home health services under title XVIII (Medicare) of the Social Security Act (SSA).Amends SSA title XVIII with respect to the definition of homebound for purposes of determining Medicare eligibility for home health services. Prohibits the Secretary of Health and Human Services from disqualifying from consideration as confined to the home, based on the purpose, frequency, or duration of the absences from the home, any individual who: (1) has been certified by a physician as having a permanent and severe condition that will not improve which requires the individual to receive assistance from another individual with at least three out of five activities of daily living for the rest of the individual's life; and (2) requires one or more described home health services to achieve a functional condition giving the individual the ability to leave the home.
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billsum_train
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Maternal Deaths Act of
2018''.
SEC. 2. SAFE MOTHERHOOD.
Section 317K of the Public Health Service Act (42 U.S.C. 247b-12)
is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``purpose of this subsection is to
develop'' and inserting ``purposes of this subsection are
to establish or continue a Federal initiative to support
State and tribal maternal mortality review committees, to
improve data collection and reporting around maternal
mortality, and to develop or support'';
(ii) by striking ``population at risk of death and''
and inserting ``populations at risk of death and severe'';
and
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) The Secretary may continue and improve activities
related to a national maternal mortality data collection and
surveillance program to identify and support the review of
pregnancy-associated deaths and pregnancy-related deaths that
occur during, or within 1 year following, pregnancy.''; and
(ii) by inserting after subparagraph (C) the following:
``(D) The Secretary may, in cooperation with States, Indian
tribes, and tribal organizations, develop a program to support
States, Indian tribes, and tribal organizations in establishing
or operating maternal mortality review committees, in
accordance with subsection (d).'';
(2) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by striking ``encouraging preconception'' and
inserting ``prepregnancy''; and
(ii) by striking ``diabetics'' and inserting ``women
with diabetes and women with substance use disorder''
before the semicolon;
(B) in subparagraph (H)--
(i) by inserting ``the identification of the
determinants of disparities in maternal care, health risks,
and health outcomes, including'' before ``an examination'';
and
(ii) by inserting ``and other groups of women with
disproportionately high rates of maternal mortality''
before the semicolon;
(C) in subparagraph (I), by striking ``domestic'' and
inserting ``interpersonal'';
(D) by redesignating subparagraphs (I) through (L) as
subparagraphs (J) through (M), respectively;
(E) by inserting after subparagraph (H) the following:
``(I) activities to reduce disparities in maternity
services and outcomes;''; and
(F) in subparagraph (K), as so redesignated, by striking
``, alcohol and illegal drug use'' and inserting ``and
substance abuse and misuse'';
(3) in subsection (c)--
(A) by striking ``(1) In general--The Secretary'' and
inserting ``The Secretary'';
(B) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively, and adjusting the
margins accordingly;
(C) in paragraph (1), as so redesignated, by striking ``and
the building of partnerships with outside organizations
concerned about safe motherhood'';
(D) in paragraph (2), as so redesignated, by striking ``;
and'' and inserting a semicolon;
(E) in paragraph (3), as so redesignated, by striking the
period and inserting ``; and''; and
(F) by adding at the end the following:
``(4) activities to promote physical, mental, and behavioral
health during, and up to 1 year following, pregnancy, with an
emphasis on prevention of, and treatment for, mental health
disorders and substance use disorder.'';
(4) by redesignating subsection (d) as subsection (f);
(5) by inserting after subsection (c) the following:
``(d) Maternal Mortality Review Committees.--
``(1) In general.--In order to participate in the program under
subsection (a)(2)(D), the applicable maternal mortality review
committee of the State, Indian tribe, or tribal organization
shall--
``(A) include multidisciplinary and diverse membership that
represents a variety of clinical specialties, State, tribal, or
local public health officials, epidemiologists, statisticians,
community organizations, geographic regions within the area
covered by such committee, and individuals or organizations
that represent the populations in the area covered by such
committee that are most affected by pregnancy-related deaths or
pregnancy-associated deaths and lack of access to maternal
health care services; and
``(B) demonstrate to the Centers for Disease Control and
Prevention that such maternal mortality review committee's
methods and processes for data collection and review, as
required under paragraph (3), use best practices to reliably
determine and include all pregnancy-associated deaths and
pregnancy-related deaths, regardless of the outcome of the
pregnancy.
``(2) Process for confidential reporting.--States, Indian
tribes, and tribal organizations that participate in the program
described in this subsection shall, through the State maternal
mortality review committee, develop a process that--
``(A) provides for confidential case reporting of
pregnancy-associated and pregnancy-related deaths to the
appropriate State or tribal health agency, including such
reporting by--
``(i) health care professionals;
``(ii) health care facilities;
``(iii) any individual responsible for completing death
records, including medical examiners and medical coroners;
and
``(iv) other appropriate individuals or entities; and
``(B) provides for voluntary and confidential case
reporting of pregnancy-associated deaths and pregnancy-related
deaths to the appropriate State or tribal health agency by
family members of the deceased, and other appropriate
individuals, for purposes of review by the applicable maternal
mortality review committee; and
``(C) shall include--
``(i) making publicly available contact information of
the committee for use in such reporting; and
``(ii) conducting outreach to local professional
organizations, community organizations, and social services
agencies regarding the availability of the review
committee.
``(3) Data collection and review.--States, Indian tribes, and
tribal organizations that participate in the program described in
this subsection shall--
``(A) annually identify pregnancy-associated deaths and
pregnancy-related deaths--
``(i) through the appropriate vital statistics unit
by--
``(I) matching each death record related to a
pregnancy-associated death or pregnancy-related death
in the State or tribal area in the applicable year to a
birth certificate of an infant or fetal death record,
as applicable;
``(II) to the extent practicable, identifying an
underlying or contributing cause of each pregnancy-
associated death and each pregnancy-related death in
the State or tribal area in the applicable year; and
``(III) collecting data from medical examiner and
coroner reports, as appropriate;
``(ii) using other appropriate methods or information
to identify pregnancy-associated deaths and pregnancy-
related deaths, including deaths from pregnancy outcomes
not identified through clause (i)(I);
``(B) through the maternal mortality review committee,
review data and information to identify adverse outcomes that
may contribute to pregnancy-associated death and pregnancy-
related death, and to identify trends, patterns, and
disparities in such adverse outcomes to allow the State, Indian
tribe, or tribal organization to make recommendations to
individuals and entities described in paragraph (2)(A), as
appropriate, to improve maternal care and reduce pregnancy-
associated death and pregnancy-related death;
``(C) identify training available to the individuals and
entities described in paragraph (2)(A) for accurate
identification and reporting of pregnancy-associated and
pregnancy-related deaths;
``(D) ensure that, to the extent practicable, the data
collected and reported under this paragraph is in a format that
allows for analysis by the Centers for Disease Control and
Prevention; and
``(E) publicly identify the methods used to identify
pregnancy-associated deaths and pregnancy-related deaths in
accordance with this section.
``(4) Confidentiality.--States, Indian tribes, and tribal
organizations participating in the program described in this
subsection shall establish confidentiality protections to ensure,
at a minimum, that--
``(A) there is no disclosure by the maternal mortality
review committee, including any individual members of the
committee, to any person, including any government official, of
any identifying information about any specific maternal
mortality case; and
``(B) no information from committee proceedings, including
deliberation or records, is made public unless specifically
authorized under State and Federal law.
``(5) Reports to cdc.--For fiscal year 2019, and each
subsequent fiscal year, each maternal mortality review committee
participating in the program described in this subsection shall
submit to the Director of the Centers for Disease Control and
Prevention a report that includes--
``(A) data, findings, and any recommendations of such
committee; and
``(B) as applicable, information on the implementation
during such year of any recommendations submitted by the
committee in a previous year.
``(6) State partnerships.--States may partner with one or more
neighboring States to carry out the activities under this
subparagraph. With respect to the States in such a partnership, any
requirement under this subparagraph relating to the reporting of
information related to such activities shall be deemed to be
fulfilled by each such State if a single such report is submitted
for the partnership.
``(7) Appropriate mechanisms for indian tribes and tribal
organizations.--The Secretary, in consultation with Indian tribes,
shall identify and establish appropriate mechanisms for Indian
tribes and tribal organizations to demonstrate, report data, and
conduct the activities as required for participation in the program
described in this subsection. Such mechanisms may include technical
assistance with respect to grant application and submission
procedures, and award management activities.
``(8) Research availability.--The Secretary shall develop a
process to ensure that data collected under paragraph (5) is made
available, as appropriate and practicable, for research purposes,
in a manner that protects individually identifiable or potentially
identifiable information and that is consistent with State and
Federal privacy law.
``(e) Definitions.--In this section--
``(1) the terms `Indian tribe' and `tribal organization' have
the meanings given such terms in section 4 of the Indian Self-
Determination and Education Assistance Act;
``(2) the term `pregnancy-associated death' means a death of a
woman, by any cause, that occurs during, or within 1 year
following, her pregnancy, regardless of the outcome, duration, or
site of the pregnancy; and
``(3) the term `pregnancy-related death' means a death of a
woman that occurs during, or within 1 year following, her
pregnancy, regardless of the outcome, duration, or site of the
pregnancy--
``(A) from any cause related to, or aggravated by, the
pregnancy or its management; and
``(B) not from accidental or incidental causes.''; and
(6) in subsection (f), as so redesignated, by striking ``such
sums as may be necessary for each of the fiscal years 2001 through
2005'' and inserting ``$58,000,000 for each of fiscal years 2019
through 2023''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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Preventing Maternal Deaths Act of 2017 This bill directs the Department of Health and Human Services (HHS) to establish a program under which HHS may make grants to states for the purpose of: (1) reviewing pregnancy-related and pregnancy-associated deaths (maternal deaths); (2) establishing and sustaining a maternal mortality review committee to review relevant information; (3) ensuring that the state department of health develops a plan for ongoing health care provider education in order to improve the quality of maternal care, disseminate findings, and implement recommendations; (4) disseminating a case abstraction form to aid information collection for HHS review and preserve its uniformity; and (5) providing for the public disclosure of information included in state reports. The bill defines "pregnancy-associated death" as the death of a woman while pregnant or during the one-year period following the date of the end of pregnancy, irrespective of the cause of death. It defines "pregnancy-related death" as the death of a woman while pregnant or during the one-year period following the date of the end of pregnancy, irrespective of the pregnancy's duration, from any cause related to, or aggravated by, the pregnancy or its management, excluding any accidental or incidental cause. States shall develop procedures for mandatory reporting to their departments of health by health facilities and professionals concerning maternal deaths and for voluntary reporting of such deaths by family members. States shall investigate each case and prepare a case summary for each case, to be reviewed by the committee and included in applicable reports. The bill amends the Public Health Service Act to direct HHS to take specified steps to eliminate disparities in maternal health outcomes.
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Make a brief summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Value-Added Development Act for
American Agriculture''.
SEC. 2. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
(a) Purposes.--The purposes of this section are to carry out a
demonstration program under which agricultural producers are provided--
(1) technical assistance, including engineering services,
applied research, scale production, and similar services to
enable the producers to establish businesses for further
processing of agricultural products;
(2) marketing, market development, and business planning;
(3) overall organizational, outreach, and development
assistance to increase the viability, growth, and
sustainability of value-added agricultural businesses.
(b) Nature of Program.--The Secretary of Agriculture (in this
section referred to as the ``Secretary'') shall--
(1) make grants to eligible applicants for the purposes of
enabling the applicants to obtain the assistance described in
subsection (a); and
(2) provide assistance to eligible applicants through the
research and technical services of the Department of
Agriculture.
(c) Eligibility Requirements.--
(1) In general.--An applicant shall be eligible for a grant
and assistance described in subsection (b) to establish an
Agriculture Innovation Center if--
(A) the applicant--
(i) has provided services similar to those
described in subsection (a); or
(ii) shows the capability of providing the
services;
(B) the application of the applicant for the grant
and assistance sets forth a plan, in accordance with
regulations which shall be prescribed by the Secretary,
outlining support of the applicant in the agricultural
community, the technical and other expertise of the
applicant, and the goals of the applicant for
increasing and improving the ability of local producers
to develop markets and processes for value-added
agricultural products; and
(C) the applicant meets the requirement of
paragraph (2).
(2) Board of directors.--The requirement of this paragraph
is that the applicant shall have a board of directors comprised
of representatives of the following groups:
(A) The 2 general agricultural organizations with
the greatest number of members in the State in which
the applicant is located.
(B) The Department of Agriculture or similar State
organization or department, for the State.
(C) Organizations representing the 4 highest
grossing commodities produced in the State, according
to annual gross cash sales.
(d) Grants and Assistance.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall make annual grants to
eligible applicants under this section, each of which grants
shall not exceed $1,000,000.
(2) Initial limitation.--In the first 3 years of the
demonstration program under this section, the Secretary may
make grants under this section, on a competitive basis, to not
more than 10 eligible applicants, including those whose
applications provide for the operation of an Agriculture
Innovation Center in the following States:
(A) Missouri.
(B) Mississippi.
(C) Ohio.
(D) New Mexico.
(E) South Dakota.
(F) Texas.
(G) Wisconsin.
(3) Expansion of demonstration program.--In the second year
of the demonstration program under this section, the Secretary
may make grants under this section to not more than 10 eligible
applicants, in addition to any entities to which grants are
made under paragraph (2) for such year.
(4) State limitation.--In the first 3 years of the
demonstration program under this section, the Secretary shall
not make a grant under this section to more than 1 entity in
any State.
(e) Use of Funds.--An entity to which a grant is made under this
section may use the grant only for the following purposes:
(1) Applied research.
(2) Consulting services.
(3) Office equipment.
(4) Hiring of employees, at the discretion of the board of
directors of the entity.
(5) The making of matching grants, each of which shall be
not more than $5,000, to agricultural producers, so long as the
aggregate amount of all such matching grants shall be not more
than $50,000.
(f) Limitations on Authorization of Appropriations.--For grants and
assistance under this section, there are authorized to be appropriated
to the Secretary not more than--
(1) $10,000,000 for fiscal year 2001;
(2) $15,000,000 for fiscal year 2002; and
(3) $20,000,000 for fiscal year 2003.
(g) Report on Best Practices.--Not later than 3 years after the
first 10 grants are made under this section, the Secretary shall
prepare and submit to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and to the Committee on Agriculture of the House
of Representatives a written report on the effectiveness of the
demonstration program conducted under this section at improving the
production of value-added agricultural products and on the effects of
the program on the economic viability of the producers, which shall
include the best practices and innovations found at each of the
Agriculture Innovation Centers established under the demonstration
program under this section, and detail the number and type of
agricultural projects assisted, and the type of assistance provided,
under this section.
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Authorizes up to ten initial grants during the demonstration project's first three years, including operation of a Center in: (1) Missouri; (2) Mississippi; (3) Ohio; (4) New Mexico; (5) South Dakota; (6) Texas; and (7) Wisconsin.
Authorizes appropriations.
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Provide a condensed version of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling Investment Saves Energy''
or the ``RISE Act''.
SEC. 2. FINDINGS.
The Senate finds the following:
(1) Recycling means business in the United States, with
more than 56,000 reuse and recycling establishments that employ
over 1,100,000 people, generating an annual payroll of nearly
$37,000,000,000, and grossing over $236,000,000,000 in annual
revenues. In 2005, recycling scrap materials accounted for
$15,700,000,000 in exports for the United States. On a per-ton
basis, sorting and processing recyclables alone sustain 10
times more jobs than landfilling or incineration.
(2) By reducing the need to extract and process virgin raw
materials into manufacturing feedstock, reuse and recycling
helps achieve significant energy savings. For example:
(A) Taken together, the amount of energy wasted
from not recycling aluminum and steel cans, paper,
printed materials, glass, and plastic equals the annual
output of 15 medium sized power plants.
(B) The reuse of 500 steel drums per week yields 6
trillion Btu's per year, which is enough energy savings
to power a city the size of Colorado Springs, Colorado,
for 1 year.
(3) Unfortunately, the United States recycling rate of many
consumer commodities, including aluminum, glass, and plastic,
are stagnant or declining, and businesses that rely on recycled
feedstock are finding it difficult to obtain the quantity and
quality of recycled materials needed. Increasingly, United
States manufacturing facilities that rely on recycled feedstock
are closing or forced to re-tool to use virgin materials.
(4) The environmental impacts from reuse and recycling are
significant. Increased reuse and recycling would produce
significant environmental benefits, such as cleaner air, safer
water, and reduced production costs. For example:
(A) Between 2 and 5 percent of the waste stream is
reusable. Reuse prevents waste creation and adverse
impacts from disposal.
(B) On a per-ton basis, recycling of: office paper
prevents 60 pounds of air pollutants from being
released, saves 7,000 gallons of water, and 3.3 cubic
yards of landfill space; aluminum saves 10 cubic yards
of landfill space; plastic saves 30 cubic yards of
landfill space; glass prevents 7.5 pounds of air
pollutants from being released and saves 2 cubic yards
of landfill space; and steel saves 4 cubic yards of
landfill space.
(C) The manufacture of 100 percent recycled
paperboard products uses significantly less fossil fuel
than comparable products and is therefore a net reducer
of greenhouse gases. And, for every 100 tons of
recycled paperboard produced, 105 tons of material is
prevented from going to the landfill, thus reducing
landfill gases.
(5) A national investment in the reuse and recycling
industries is needed to preserve and expand America's reuse and
recycling infrastructure.
SEC. 3. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND RECYCLING
PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end the following new subsection:
``(l) Special Allowance for Certain Reuse and Recycling Property.--
``(1) In general.--In the case of any qualified reuse and
recycling property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 50 percent of the adjusted basis of
the qualified reuse and recycling property, and
``(B) the adjusted basis of the qualified reuse and
recycling property shall be reduced by the amount of
such deduction before computing the amount otherwise
allowable as a depreciation deduction under this
chapter for such taxable year and any subsequent
taxable year.
``(2) Qualified reuse and recycling property.--For purposes
of this subsection--
``(A) In general.--The term `qualified reuse and
recycling property' means any reuse and recycling
property--
``(i) to which this section applies,
``(ii) which has a useful life of at least
5 years,
``(iii) the original use of which commences
with the taxpayer after December 31, 2006, and
``(iv) which is--
``(I) acquired by purchase (as
defined in section 179(d)(2)) by the
taxpayer after December 31, 2006, but
only if no written binding contract for
the acquisition was in effect before
January 1, 2007, or
``(II) acquired by the taxpayer
pursuant to a written binding contract
which was entered into after December
31, 2006.
``(B) Exceptions.--
``(i) Alternative depreciation property.--
The term `qualified reuse and recycling
property' shall not include any property to
which the alternative depreciation system under
subsection (g) applies, determined without
regard to paragraph (7) of subsection (g)
(relating to election to have system apply).
``(ii) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(C) Special rule for self-constructed property.--
In the case of a taxpayer manufacturing, constructing,
or producing property for the taxpayer's own use, the
requirements of clause (iv) of subparagraph (A) shall
be treated as met if the taxpayer begins manufacturing,
constructing, or producing the property after December
31, 2006.
``(D) Deduction allowed in computing minimum tax.--
For purposes of determining alternative minimum taxable
income under section 55, the deduction under subsection
(a) for qualified reuse and recycling property shall be
determined under this section without regard to any
adjustment under section 56.
``(3) Definitions.--For purposes of this subsection--
``(A) Reuse and recycling property.--
``(i) In general.--The term `reuse and
recycling property' means any machinery and
equipment (not including buildings or real
estate), along with all appurtenances thereto,
including software necessary to operate such
equipment, which is used exclusively to
collect, distribute, or recycle qualified reuse
and recyclable materials.
``(ii) Exclusion.--Such term does not
include rolling stock or other equipment used
to transport reuse and recyclable materials.
``(B) Qualified reuse and recyclable materials.--
``(i) In general.--The term `qualified
reuse and recyclable materials' means scrap
plastic, scrap glass, scrap textiles, scrap
rubber, scrap packaging, recovered fiber, scrap
ferrous and nonferrous metals, or electronic
scrap generated by an individual or business.
``(ii) Electronic scrap.--For purposes of
clause (i), the term `electronic scrap' means--
``(I) any cathode ray tube, flat
panel screen, or similar video display
device with a screen size greater than
4 inches measured diagonally, or
``(II) any central processing unit.
``(C) Recycling or recycle.--The term `recycling'
or `recycle' means that process (including sorting) by
which worn or superfluous materials are manufactured or
processed into specification grade commodities that are
suitable for use as a replacement or substitute for
virgin materials in manufacturing tangible consumer and
commercial products, including packaging.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2006.
SEC. 4. TAX-EXEMPT BOND FINANCING OF RECYCLING FACILITIES.
(a) In General.--Section 142 of the Internal Revenue Code of 1986
(defining exempt facility bond) is amended by adding at the end the
following new subsection:
``(n) Solid Waste Disposal Facilities.--
``(1) In general.--For purposes of subsection (a)(6) only,
the term `solid waste disposal facilities' means any facility
used to perform a solid waste disposal function.
``(2) Solid waste disposal function.--
``(A) In general.--For purposes of this subsection
only, the term `solid waste disposal function' means
the collection, separation, sorting, storage,
treatment, disassembly, handling, or processing of
solid waste in any manner designed to dispose of the
solid waste, including processing the solid waste into
a useful energy source or product.
``(B) Extent of function.--For purposes of this
subsection only, the solid waste disposal function ends
at the later of--
``(i) the point of final disposal of the
solid waste,
``(ii) immediately after the solid waste is
incinerated or otherwise transformed or
processed to generate heat, and the resulting
heat is put into a form such as steam in which
such heat is in fact sold or used, or
``(iii) the point at which the solid waste
has been converted into a material or product
that can be sold in the same manner as
comparable material or product produced from
virgin material.
``(C) Functionally related and subordinate
facilities.--For purposes of this subsection only, in
the case of a facility used to perform both a solid
waste disposal function and another function--
``(i) the costs of the facility allocable
to the solid waste disposal function are
determined using any reasonable method based
upon facts and circumstances, and
``(ii) if during the period that bonds
issued as part of an issue described in
subsection (a)(6) are outstanding with respect
to any facility at least 65 percent of the
materials processed in such facility are solid
waste materials as measured by weight or
volume, then all of the costs of the property
used to perform such process are allocable to a
solid waste disposal function.
``(3) Solid waste.--For purposes of this subsection only--
``(A) In general.--The term `solid waste' means
garbage, refuse, or discarded solid materials,
including waste materials resulting from industrial,
commercial, agricultural, or community activities.
``(B) Garbage, refuse or discarded solid
materials.--For purposes of subparagraph (A), the term
`garbage, refuse, or discarded solid materials' means
materials that are useless, unused, unwanted, or
discarded, regardless of whether or not such materials
have value.
``(C) Exclusion.--The term `solid waste' does not
include materials in domestic sewage, pollutants in
industrial or other water resources, or other liquid or
gaseous waste materials.''.
(b) Effective Date.--The amendment made by this section shall apply
to bonds issued before, on, or after the date of the enactment of this
Act.
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Recycling Investment Saves Energy or the RISE Act - Amends the Internal Revenue Code to allow: (1) a first-year tax deduction of 50% of the adjusted basis of qualified reuse and recycling property; and (2) tax-exempt bond financing for recycling facilities. Defines "qualified reuse and recycling property" as property placed in service after December 31, 2006, which has a useful life of at least five years and which is used exclusively to collect, distribute, or recycle certain scrap materials.
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billsum_train
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telephone Privacy Act of 1993''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to protect the right to privacy of telephone users by
enabling them to limit the dissemination of their telephone
numbers to persons of their choosing;
(2) to encourage the use of new services which discourage
harassing and obscene telephone calls even though information
identifying the caller may be blocked; and
(3) to require government entities to give public notice of
their use of caller identification service.
SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE.
(a) Prohibitions.--Section 3121 of title 18, United States Code, is
amended to read as follows:
``Sec. 3121. General prohibition on pen register and trap and trace
device use; exceptions
``(a) In General.--Except as provided in this section, no person
may install or use a pen register or a trap and trace device without
first obtaining a court order under section 3123 of this title or under
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).
``(b) Exceptions.--(1)(A) Subject to paragraph (2), the prohibition
of subsection (a) does not apply with respect to the installation or
use of a pen register or a trap and trace device by a provider of
electronic or wire communication service--
``(i) relating to the operation, maintenance, or testing of
a wire or electronic communication service or to the protection
of the rights or property of such provider, or to the
protection of users of that service from abuse of service or
unlawful use of service;
``(ii) to record the fact that a wire or electronic
communication was initiated or completed in order to protect
such provider, another provider furnishing service toward the
completion of the wire communication, or a user of that
service, from fraudulent, unlawful or abusive use of service;
``(iii) with the prior consent of the recipient of the
communication when the communication may be relevant to an
ongoing criminal or counterintelligence investigation;
``(iv) in connection with the provision of call return
service; or
``(v) in connection with the provision of caller
identification service to a user of that service, if the
service provider--
``(I) permits the recipient of a communication to
use call trace; and
``(II) permits the originator of a communication to
block caller identification--
``(aa) on a per call basis without charge;
``(bb) on a per line basis with or without
charge, in a State in which it is authorized by
statute or regulation prior to the date of
enactment of this clause, and at the request of
the originator; and
``(cc) on a per line basis without charge
at the request of an originator that is a
victim of domestic violence protected by court
order, a victim's service program, or a
battered women's shelter or other organization
providing safe haven for victims of domestic
violence.
``(B) Subparagraph (A) (iv) and (v) shall not be construed to
require a provider of electronic or wire communication service to
enable an originator of a communication to block caller
identification--
``(i) on the emergency assistance telephone line of a
Federal, State, or municipal police or fire department or on a
911 emergency line;
``(ii) on calls within a customer's system; or
``(iii) of a communication made from a public pay
telephone.
``(2) The exception afforded by paragraph (1) does not apply to a
communication to a governmental entity on a line that is publicized or
represented as ensuring the confidentiality of the originator of a
communication, such as an anonymous tip line or a confidential
information line.
``(3) The prohibition of subsection (a) does not apply with respect
to the use of information that a subscriber to an automatic number
identification service or charge number service receives, to the extent
that the use consists of--
``(A) use for billing and collection, routing, screening,
and completion of the originating telephone subscriber's call
or transaction, or for services directly related to the
originating telephone subscriber's call or transaction;
``(B) reuse or sale after the recipient orally notifies the
originator of the recipient's desire to reuse or sell the
information and extends to the originator an option to limit or
prohibit such reuse or sale;
``(C) use for the purposes of--
``(i) performing a service or transaction that is
the subject of the communication;
``(ii) ensuring the quality of network performance,
the maintenance of security, or the effectiveness of
call delivery;
``(iii) compiling, using, or disclosing aggregate
information;
``(iv) complying with law or a court order; or
``(v) offering to an originator of a communication
with which the recipient has an established customer
relationship a product or service that is directly
related to products or services that the originator has
previously obtained from the recipient of the
communication; or
``(D) use for any lawful purpose if there is available to
the originator of the communication the ability to block caller
identification to the recipient--
``(i) on a per call basis without charge; or
``(ii) on a per line basis with or without charge
in a State in which it is authorized by statute or
regulation prior to the date of enactment of this
clause and offered in combination with blocking on a
per call basis without charge.
``(4) Nothing in paragraph (3) affects the provision or use of
automatic number identification or charge number information by a
provider of electronic or wire communication service.
``(c) Civil Action.--(1) An originator of a communication that is
aggrieved by the knowing or intentional failure of a provider of
communication service to allow blocking of caller identification as
described in subsection (b)(1)(A)(v) may recover from the provider in
accordance with section 2707.
``(2) An originator of a communication that is aggrieved by the
knowing or intentional use of caller identification information by the
recipient of the communication in violation of subsection (b)(3) may
recover from the recipient in accordance with section 2707.
``(d) Criminal Penalty.--(1) Whoever knowingly violates subsection
(a) shall be fined under this title or imprisoned not more than one
year, or both.
``(2) Paragraph (1) does not apply to the use of information that
is made available to the recipient of a communication through an
automatic number identification or charge number service.
``(e) Preemption.--Notwithstanding any other provision of law, no
State may prohibit, in any way other than in accordance with
subsections (a) and (b), the making available by providers of
electronic or wire communication services or the use by their customers
of caller identification service.
``(f) Intent of Congress.--This section is intended neither to
endorse nor to facilitate the use of blocking of caller identification
by originators of obscene or harassing telephone calls, nor is it
intended to limit the enforcement of laws prohibiting such telephone
calls.''.
(b) Definitions.--Section 3127 of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(7) the term `automatic number identification or charge
number' means an access signaling protocol in common use by
common carriers that uses an identifying signal associated with
the use of a subscriber's telephone to provide billing
information or other information to the local exchange carrier
or any other interconnecting carriers;
``(8) the term `block' means to prevent or control, and the
term `blocking' means a service that allows the originator of a
call to prevent or control, the transmission of information
that identifies the originator to the recipient of the call;
``(9) the term `caller identification' means the
transmission of information that identifies the originator of a
wire communication to the recipient of the communication;
``(10) the term `call return service' means a service
provided to a user of a communication line that enables a
recipient of a communication on that line to initiate a return
communication to the originator without disclosing to the
recipient the identity of the originator (except in connection
with the provider's regular billing process); and
``(11) the term `call trace service' means a service
provided to a user of a communication line that enables a
recipient of a communication on that line to cause the identity
of the originator of the communication to be disclosed to the
service provider's security personnel and to law enforcement
officials without disclosing to the recipient the identity of
the originator.''.
SEC. 4. NOTICE BY GOVERNMENT ENTITIES OF USE OF CALLER IDENTIFICATION
SERVICE.
(a) Federal Entities.--A Federal Government entity that uses caller
identification service shall publish in the Federal Register and have
printed in any phone directory in which its number is listed, for the
guidance of the public, notice of the government entity's use of caller
identification service within a reasonable time after initiating that
use. The Federal Register notice shall describe the scope and purpose
of that use.
(b) State and Local Entities.--A State or local government entity
that uses caller identification service shall make available and
publish in the official publication of that State or local government
entity and have printed in any phone directory in which its number is
listed, for the guidance of the public, notice of that government
entity's use of caller identification service within a reasonable time
after initiating that use. The official publication notice shall
describe the scope and purpose of that use.
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Telephone Privacy Act of 1993 - Amends the Federal criminal code (Code) to prohibit any person from installing or using a pen register or a trap and trace device without first obtaining a court order under appropriate Code provisions or under the Foreign Intelligence Surveillance Act of 1978. Provides exceptions to such prohibition, including in connection with the provision of caller identification service (caller ID). States that nothing in this Act affects the provision or use of caller ID or charge number information by a provider of electronic or wire communication service.
Provides for civil actions and criminal penalties for violations of this Act's prohibition. States that this Act is not intended to endorse or facilitate the use of blocking of caller ID by originators of obscene or harassing telephone calls or to limit the enforcement of laws prohibiting such calls.
Requires any Government entity to publish in the Federal Register and have printed in the appropriate phone directory notice of its use of caller ID. Provides a similar requirement for State and local governmental entities.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Library of Congress Financial
Management Act of 2000''.
TITLE I--LIBRARY OF CONGRESS REVOLVING FUND
SEC. 101. AVAILABILITY OF FUND FOR ACTIVITIES.
The Librarian of Congress (hereafter in this Act referred to as the
``Librarian'') is authorized--
(1) to establish the activities described in section 102 as
Revolving Fund service activities; and
(2) to establish Revolving Fund service units, which may be
partially or fully sustained through the Library of Congress
Revolving Fund established under section 103, to carry out such
activities.
SEC. 102. ACTIVITIES DESCRIBED.
The activities described in this section are as follows:
(1) The preparation of research reports, translations,
analytical studies, and related services for any entity of the
Federal Government or the government of the District of
Columbia.
(2) The provision of any of the following services for
entities of the Federal Government or the government of the
District of Columbia:
(A) The centralized acquisition of publications and
library materials in any format.
(B) Information, research, and library support
services.
(C) Training in library and information services.
(D) Services related to any of the services
described in the preceding subparagraphs.
(3) Decimal classification development.
(4) The operation of a gift shop or other sales of items
associated with collections, exhibits, performances, and
special events of the Library of Congress.
(5) The location, copying, storage, preservation, and
delivery services for library documents and audio-visual
materials (other than basic domestic interlibrary loan
services), and international interlibrary lending.
(6) Special events and programs, performances, exhibits,
workshops, and training.
(7) The cooperative acquisitions program described in
section 207 of the Legislative Branch Appropriations Act, 1998
(2 U.S.C. 182).
SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND.
(a) In General.--
(1) Establishment.--There is established in the Treasury a
revolving fund to be known as the ``Library of Congress
Revolving Fund'' (hereafter in this Act referred to as the
``Fund'').
(2) Contents.--The Fund shall consist of the following
amounts:
(A) Amounts deposited under subsection (b).
(B) Credits under subsection (c).
(C) Such other amounts as may be appropriated for
the Fund under law.
(3) Use of amounts in fund.--Amounts in the Fund shall be
available to the Librarian without fiscal year limitation to
carry out Revolving Fund service activities under this Act.
Obligations for such activities for any fiscal year are limited
to the total amounts specified in appropriations Acts for such
fiscal year.
(b) Amounts Deposited.--
(1) Funds attributable to revolving fund service
activities.--Upon the establishment by the Librarian of an
activity as a Revolving Fund service activity under section
101, the Librarian shall transfer to the Fund the following:
(A) Notwithstanding the requirements of section
1535(d) of title 31, United States Code, any obligated,
unexpended balances existing as of the date of the
establishment which are attributable to such activity.
(B) An amount equal to the difference between--
(i) the total value of the supplies,
inventories, equipment, gift fund balances, and
other assets of the activity; and
(ii) the total value of the liabilities
(including the value of accrued annual leave of
employees) of the activity.
(C) In the case of the cooperative acquisitions
program described in section 207 of the Legislative
Branch Appropriations Act, 1998, the balance existing
in the Cooperative Acquisitions Program Revolving Fund
established under section 207(a) of such Act as of the
date of the establishment of the program as a Revolving
Fund service activity.
(2) Temporary transfers of previously appropriated funds.--
The Librarian may temporarily transfer to the Fund other funds
appropriated to the Library of Congress, except that the Fund
shall reimburse the appropriate accounts of the Library of
Congress for amounts so transferred before the period of
availability of the Library appropriation expires.
(c) Credits.--The Fund shall be credited with all amounts received
by the Librarian which are attributable to Revolving Fund service
activities, including--
(1) fees, advances, and reimbursements;
(2) gifts or bequests of money or property for credit to
such activity or the Fund;
(3) receipts from sales and exchanges of property;
(4) payments for loss or damage to property; and
(5) receivables, inventories, and other assets.
(d) Individual Accounting Requirement.--A separate account shall be
maintained in the Fund with respect to each Revolving Fund service
unit.
(e) Excess Funds.--At such times as the Librarian determines to be
appropriate, the Librarian shall transfer any amount in the Fund that
the Librarian determines to be in excess of the amount required by the
Fund to the Treasury for deposit as miscellaneous receipts.
(f) Annual Report.--Not later than March 31 of each year, the
Librarian shall submit to Congress an audited financial statement for
the Fund for the preceding fiscal year. The audit of such statement
shall be conducted in accordance with Government Auditing Standards for
financial audits issued by the Comptroller General of the United
States.
SEC. 104. OPERATION OF REVOLVING FUND SERVICE ACTIVITIES.
(a) Rates for Purchase of Products and Services.--The Librarian is
authorized to make any products and services provided as Revolving Fund
service activities available for purchase at rates estimated by the
Librarian to be adequate to recover, over a reasonable period of time,
the direct and indirect costs to the activity of providing such
products and services.
(b) Advances of Funds.--Participants in Revolving Fund service
activities shall pay for products and services of the activity by
advance of funds--
(1) if the Librarian determines that amounts in the
Revolving Fund are otherwise insufficient to cover the costs of
providing such products and services; or
(2) upon agreement between participants and the Librarian.
(c) Multi-year Contracting Authority.--In the operation of
Revolving Fund service activities, the Librarian may--
(1) enter into contracts for the lease and acquisition of
goods and services (including severable services) for a period
that begins in one fiscal year and ends in the next fiscal
year, pursuant to section 303L of the Federal Property and
Administrative Services Act (41 U.S.C. 253l); and
(2) enter into multi-year contracts for the acquisition of
property and services, pursuant to section 304B of such Act (41
U.S.C. 254c).
SEC. 105. REPEAL OF COOPERATIVE ACQUISITIONS PROGRAM.
(a) In General.--Section 207 of the Legislative Branch
Appropriations Act, 1998 (2 U.S.C. 182) is repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the establishment by the Librarian of the cooperative
acquisitions program described in section 207 of the Legislative Branch
Appropriations Act, 1998, as a Revolving Fund service activity under
section 101.
SEC. 106. NO EFFECT ON PERSONNEL.
Nothing in this title may be construed to affect the terms and
conditions of employment of any employee of the Library of Congress who
carries out any activity designated as a Revolving Fund service
activity or who is assigned to a Revolving Fund service unit.
TITLE II--CATALOGING PRODUCTS AND SERVICES
SEC. 201. AVAILABILITY OF CATALOGING PRODUCTS AND SERVICES.
(a) In General.--The Librarian of Congress is authorized to make
cataloging products and services created by the Library of Congress
available for purchase at prices that reflect as closely as practicable
the cost of distribution over a reasonable period of time. Any amounts
paid to the Librarian for cataloging products and services pursuant to
this subsection shall be deposited in the Treasury to the credit of the
appropriation for salaries and expenses of the Library of Congress, and
shall remain available until expended for expenses attributable to the
necessary distribution of such products and services.
(b) Definition.--In this title, the term ``cataloging products and
services'' means bibliographic products and services (in any current or
future format) that are used by libraries and library organizations,
including other Library of Congress-created data bases, and related
technical publications.
SEC. 202. CONFORMING AMENDMENT.
The undesignated paragraph beginning ``The Librarian of Congress''
under the heading ``PUBLIC PRINTING AND BINDING'' in section 1 of the
Act entitled ``An Act making appropriations for sundry civil expenses
of the Government for the fiscal year ending June thirtieth, nineteen
hundred and three, and for other purposes'', approved June 28, 1902 (2
U.S.C. 150), is repealed.
TITLE III--LIBRARY OF CONGRESS TRUST FUND BOARD
SEC. 301. REVISIONS TO MEMBERSHIP AND OPERATION OF LIBRARY OF CONGRESS
TRUST FUND BOARD.
(a) Addition of Vice Chair of Joint Committee on the Library as
Board Member.--Section 1 of the Act entitled ``An Act to create a
Library of Congress Trust Fund Board, and for other purposes'',
approved March 3, 1925 (2 U.S.C. 154), is amended in the first sentence
of the first paragraph by inserting ``and the vice chair'' after
``chairman.''
(b) Quorum Requirement.--Section 1 of such Act (2 U.S.C. 154) is
amended in the second sentence of the first paragraph by striking
``Nine'' and inserting ``Seven''.
(c) Temporary Extension of Board Member Term.--Section 1 of such
Act (2 U.S.C. 154) is amended in the first paragraph by inserting after
the first sentence the following: ``Upon request of the chair of the
Board, any member whose term has expired may continue to serve on the
Trust Fund Board until the earlier of the date on which such member's
successor is appointed or the expiration of the 2-year period which
begins on the date such member's term expires.''.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect
October 1, 2000.
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(Sec. 102) Specifies the Fund service activities that may be conducted by Fund Service units.
(Sec. 103) Establishes the Library of Congress Revolving Fund, to be made available to the Librarian without fiscal year limitation, to carry out Fund service activities. Limits the obligations for such activities for any fiscal year to the total amounts specified in appropriations Acts for such fiscal year.
Allows the Librarian to temporarily transfer to the Fund other Funds appropriated to the Library, except that the Fund shall reimburse the appropriate accounts of the Library for amounts so transferred before the period of availability of the Library appropriation expires.
(Sec. 104) Authorizes the Librarian to make products and services provided as Revolving Fund service activities available for purchase at rates adequate to recover related costs.
Requires participants in Revolving Fund service activities to pay for such products and services by advance of funds: (1) if the Librarian determines that amounts in the Revolving Fund are otherwise insufficient to cover the costs of providing such products and services; or (2) upon agreement between participants and the Librarian.
Authorizes the Librarian, in the operation of Fund activities, to enter into: (1) contracts for the lease and acquisition of goods and services for a period that begins in one fiscal year and ends in the next fiscal year, pursuant to the Federal Property and Administrative Services Act; and (2) multi-year contracts for the acquisition of property and services, pursuant to such Act.
(Sec. 105) Repeals provisions of the Legislative Branch Appropriations Act, 1998 establishing the Cooperative Acquisitions Program Revolving Fund for financing a Library program to acquire foreign publications and research materials on behalf of participating institutions on a cost-recovery basis.
(Sec. 106) Prohibits the construction of this title to affect the terms and conditions of employment of any Library of Congress employee who carries out any activities designated as a Revolving Fund service activity or who is assigned to a Revolving Fund service unit.
Title II: Cataloging Products and Services
- Authorizes the Librarian of Congress to make cataloging products and services, created by the Library, available for purchase at prices that reflect as closely as practicable the cost of distribution over a reasonable period.
(Sec. 202) Repeals Federal law provisions that authorize the Librarian of Congress to sell copies of card indexes and other publications to institutions or individuals.
Title III: Library of Congress Trust Fund Board
- Revises the composition of the Library of Congress Trust Fund Board to include the vice chair of the Joint Committee on the Library. Decreases the Board's quorum from nine to seven members for the transaction of business. Provides for a temporary extension of Board members' terms.
Title IV: Effective Date
- Sets forth the effective date of this Act.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Education Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The evidence for human-induced climate change is
overwhelming and undeniable.
(2) Atmospheric carbon can be significantly reduced through
conservation, by shifting to renewable energy sources such as
solar, wind, tidal, and geothermal, and by increasing the
efficiency of buildings, including domiciles, and
transportation.
(3) Providing clear information about climate change, in a
variety of forms, can remove the fear and the sense of
helplessness, and encourage individuals and communities to take
action.
(4) Implementation of measures that promote energy
efficiency, conservation, and renewable energy will greatly
reduce human impact on the environment.
(5) Informing people of new technologies and programs as
they become available will ensure maximum understanding and
maximum effect of those measures.
(6) More than 3,000,000 students graduate from high schools
and colleges each year, armed with attitudes, skills, and
knowledge about the climate that inform their actions.
(7) The effect on the climate, positive or negative, of
each of those 3,000,000 students lasts beyond a lifetime.
(8) Those students need to be prepared to implement changes
in professional and personal practices, to support and help
develop new technology and policy, and to address the coming
social and economic challenges and opportunities arising from a
changing climate.
(9) It has been demonstrated that the people of the United
States overwhelmingly support teaching students about the
causes, consequences, and potential solutions to climate change
in all 50 States and more than 3,000 counties across the United
States.
(10) Only 30 percent of middle school and 45 percent of
high school science teachers understand the extent of the
scientific consensus on climate change.
SEC. 3. DEFINITIONS.
In this Act:
(1) Climate change education.--The term ``climate change
education'' means informal and formal interdisciplinary
learning at all age levels about--
(A) climate change, climate adaptation and
mitigation, and climate resilience; and
(B) the effects of climate change, climate
adaptation and mitigation, and climate resilience on
the environmental, energy, social, and economic systems
of the United States.
(2) Green collar job.--The term ``green collar job'' means
a job--
(A) in a business that produces goods or provides
services that benefit the environment or conserve
natural resources; or
(B) in which the duties of the worker involve
making the production processes of the employer more
environmentally friendly or use fewer natural
resources.
(3) Green economy.--The term ``green economy'' means an
economy that results in improved human well-being and social
equity by significantly reducing environmental risks and
ecological scarcities.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(5) Local educational agency; state educational agency.--
The terms ``local educational agency'' and ``State educational
agency'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under 501(a) of that Code.
SEC. 4. CLIMATE CHANGE EDUCATION PROGRAM.
The Administrator of the National Oceanic and Atmospheric
Administration shall establish a Climate Change Education Program to--
(1) increase the climate literacy of the United States by
broadening the understanding of climate change, including
possible long-term and short-term consequences and potential
solutions;
(2) apply the latest scientific and technological
discoveries, including through the use of the scientific assets
of the Administration, to provide formal and informal learning
opportunities to individuals of all ages, including individuals
of diverse cultural and linguistic backgrounds; and
(3) emphasize actionable information to help people
understand and promote implementation of new technologies,
programs, and incentives related to climate change, climate
adaptation and mitigation, and climate resilience.
SEC. 5. GRANT PROGRAM.
(a) In General.--As part of the Climate Change Education Program
established under section 4, the Administrator of the National Oceanic
and Atmospheric Administration shall establish a program to make
grants--
(1) to States to encourage and support plans and programs
for kindergarten through grade 12 formal and informal climate
change education--
(A) to ensure that students graduate from high
school with high climate literacy, including--
(i) relevant teacher training and
professional development;
(ii) science, technology, engineering, arts
and design, and mathematics education; and
(iii) interdisciplinary studies; and
(B) with a particular focus on programs that
advance widespread State and local educational agency
adoption of climate change education, including funding
for State educational agencies in partnership with
local educational agencies and local nonprofit
organizations to--
(i) integrate key principles of climate
change education into existing kindergarten
through grade 12 State academic content
standards, student academic achievement
standards, or State curriculum frameworks;
(ii) create model State climate change
curricula;
(iii) develop and implement State teacher
training programs; and
(iv) support secondary school preparation
or work-based experiences in green collar jobs;
(2) to institutions of higher education to--
(A) improve the quality of and access to training,
certification, and higher education for green collar
jobs in the future green economy, such as green
construction, design, technology, health, engineering,
business, and policy studies, including sustainability
science, and with a particular focus on programs that
address restructuring institutional incentives and
reducing institutional barriers to widespread faculty
adoption of interdisciplinary teaching of climate
change education; and
(B) engage teams of faculty and students to develop
applied climate research and deliver to local
communities direct services related to local climate
mitigation and adaptation issues, with a priority focus
on communities impacted by climate change; and
(3) to professional associations for projects that build
capacity at the State and national levels for continuing
education by practicing professionals and the general public in
green economy fields.
(b) Climate Change Education Office.--There shall be, within the
Office of Education of the National Oceanic and Atmospheric
Administration, a Climate Change Education Office to administer the
grant program required by subsection (a).
SEC. 6. REPORT.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Administrator of the National Oceanic
and Atmospheric Administration shall submit to Congress a report that
evaluates the scientific merits, educational effectiveness, and broader
effects of activities carried out under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration $20,000,000 for each of fiscal years 2019
through 2024 to carry out this Act.
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Climate Change Education Act This bill declares that the evidence for human-induced climate change is overwhelming and undeniable. The National Oceanic and Atmospheric Administration (NOAA) must establish a Climate Change Education Program to: increase the climate literacy of the United States by broadening the understanding of human-induced climate change, including possible consequences and potential solutions; apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages; and help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. NOAA must also establish a grant program for climate change education.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexible Pell Grant for 21st Century
Students Act''.
SEC. 2. FLEXIBLE PELL GRANTS.
(a) Purpose and Amount of Grants.--Section 401(b) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)) is amended by adding at the
end the following:
``(8)(A) Notwithstanding any other provision of this subsection, an
eligible student who has received a Federal Pell Grant during an award
year, and is enrolled in an eligible program for one or more additional
payment periods during the same award year, may receive an additional
Federal Pell Grant for such additional period or periods.
``(B) In the case of a student receiving more than one Federal Pell
Grant during a single award year under subparagraph (A), the total
amount of the Federal Pell Grants awarded to such student for the award
year shall not exceed an amount equal to 150 percent of the amount of
the Federal Pell Grant award determined under paragraph (2)(A) for
which such student is eligible during such award year.
``(C) At or before the time of disbursement of a Federal Pell Grant
under subparagraph (A) to a student, the institution in which the
student is enrolled shall notify the student that any payment period
for which the student receives a Federal Pell Grant shall count towards
the student's duration limits under subsection (c)(5).
``(D) In this paragraph, the term `eligible student' means a
student who--
``(i) continues to meet all eligibility requirements to
receive a Federal Pell Grant under this section; and
``(ii) is accelerating progress toward a degree or
certificate.
``(E)(i) In this paragraph, except as provided in clause (ii), a
student shall be considered accelerating progress toward a degree or
certificate during an award year if, during such award year--
``(I) the student completes the credit hours (or credit
hour equivalencies) of an academic year of the student's
eligible program that are necessary for the student to enroll,
during such award year, in credit hours (or credit hour
equivalencies) that are attributable to a second academic year
for such program; and
``(II) during the payment period or periods for which the
student desires to receive a Federal Pell Grant under
subparagraph (A), the student enrolls in credit hours (or
credit hour equivalencies) that are attributable to a second
academic year for the student's eligible program.
``(ii) The financial aid administrator at an institution may waive
the requirement of subparagraph (D)(ii), if the financial aid
administrator--
``(I) determines that, due to circumstances beyond a
student's control, the student was unable to complete the
credit hours described in clause (i)(I) of this subparagraph;
and
``(II) makes and documents such a determination on an
individual basis.
``(iii) In this subparagraph--
``(I) circumstances beyond a student's control--
``(aa) may include the student withdrawing from
classes due to illness or being unable to register for
classes necessary to complete the credit hours
described in clause (i)(I) because such classes were
not offered during the applicable period; and
``(bb) shall not include withdrawing to avoid a
particular grade or failing to register for a necessary
class that was offered during such period to avoid a
particular instructor; and
``(II) the term `academic year', when used with respect to
an eligible program at an institution, has the meaning given
such term by the institution.
``(9) If a student is receiving a Federal Pell Grant for a payment
period that spans 2 award years, the eligible institution in which the
student is enrolled shall determine the award year to which the
additional period shall be assigned.
``(10) A student may decline to receive any portion of a Federal
Pell Grant for any payment period, except that the institution may
establish a reasonable deadline by which the student may decline the
Federal Pell Grant.''.
(b) Period of Eligibility for Grants.--Section 401(c) of such Act
(20 U.S.C. 1070a(c)) is amended by adding at the end the following new
paragraph:
``(6)(A) The Secretary shall issue to each student receiving a
Federal Pell Grant, an annual status report which shall--
``(i) inform the student of the remaining period during
which the student may receive Federal Pell Grants in accordance
with paragraph (5), and provide access to a calculator to
assist the student in making such determination;
``(ii) include an estimate of the Federal Pell Grant
amounts which may be awarded for such remaining period based on
the student's award amount determined under paragraph (2)(A)
for the most recent award year;
``(iii) explain how the estimate was calculated and any
assumptions underlying the estimate;
``(iv) explain that the estimate may be affected if there
is a change--
``(I) in the student's financial circumstances; or
``(II) the availability of Federal funding; and
``(v) describe how the remaining period during which the
student may receive Federal Pell Grants may be affected by
whether the student is enrolled as a full-time student.
``(B) Nothing in this paragraph shall be construed to prohibit an
institution from offering additional counseling to a student with
respect to Federal Pell Grants, but such counseling shall not delay or
impede disbursement of a Federal Pell Grant award to the student.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to award years beginning on or after July 1,
2017.
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Flexible Pell Grant for 21st Century Students Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow an eligible student to receive more than one Federal Pell Grant award in a single award year. An eligible student is a student who: (1) has already received a Pell Grant during an award year and is enrolled in an eligible program for one or more additional payment periods (e.g., a summer term) during the same award year, (2) continues to meet Pell Grant program eligibility requirements, and (3) is accelerating progress toward a degree or certificate. An eligible student's total Pell Grant amount must not exceed 150% of the annual maximum Pell Grant for that award year. An institution must notify a student that any period of additional Pell Grant receipt counts toward that student's lifetime Pell Grant eligibility period (currently 12 full-time semesters). If an additional Pell Grant spans two award years, then an institution must determine the award year to which such Pell Grant applies. The Department of Education must provide to each Pell Grant recipient an annual status report that includes certain information related to such student's remaining lifetime Pell Grant eligibility period.
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Make a brief summary of the following text: SECTION 1. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR
GAINFUL EMPLOYMENT.
(a) In General.--Subpart A 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. 25E. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY
FOR GAINFUL EMPLOYMENT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual for which
there are one or more qualifying individuals (as defined in
subsection (b)(1)) with respect to such individual, there shall
be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the applicable
percentage of the employment-related expenses (as defined in
subsection (b)(2)) paid by such individual during the taxable
year.
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 35
percent reduced (but not below 20 percent) by 1 percentage
point for each $2,000 (or fraction thereof) by which the
taxpayer's adjusted gross income for the taxable year exceeds
$15,000.
``(b) Definitions of Qualifying Individual and Employment-Related
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means an individual who--
``(A) has attained age 50, and
``(B) is one of the following:
``(i) An individual who bears a
relationship to the taxpayer described in
subparagraph (C) or (D) of section 152(d)(2)
(relating to fathers, mothers, and ancestors).
``(ii) An individual would be a dependent
of the taxpayer (as defined in section 152,
determined without regard to subsections (b)(1)
and (b)(2)) as a qualifying relative described
in section 152(d)(1) if--
``(I) in lieu of subparagraphs (B)
and (C) thereof the following applied
with respect to the individual:
``(aa) the taxpayer has
provided over one-half of the
individual's support for the
calendar year in which such
taxable year begins and each of
the preceding 4 taxable years,
and
``(bb) the individual's
modified adjusted gross income
for the calendar year in which
such taxable year begins is
less than the exemption amount
(as defined in section 151(d)),
``(II) the individual is physically
or mentally incapable of caring for
himself or herself, and
``(III) who has the same principal
place of abode as the taxpayer for more
than one-half of such taxable year.
``(iii) The spouse of the taxpayer who is
physically or mentally incapable of caring for
himself or herself.
``(2) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income determined
without regard to section 86.
``(3) Employment-related expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are one or more qualifying
individuals with respect to the taxpayer:
``(i) expenses for household services, and
``(ii) expenses for the care of a
qualifying individual, including expenses for
respite care and hospice care.
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
paragraph (1)(A), or
``(ii) a qualifying individual (not
described in paragraph (1)(A)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than six
individuals (other than individuals who reside
at the facility), and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(c) Dollar Limit on Amount Creditable.--The amount of the
employment-related expenses incurred during any taxable year which may
be taken into account under subsection (a) shall not exceed--
``(1) $3,000 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
``(2) $6,000 if there are two or more qualifying
individuals with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is
applicable) shall be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
``(d) Earned Income Limitation.--Except as otherwise provided in
this subsection, the amount of the employment-related expenses incurred
during any taxable year which may be taken into account under
subsection (a) shall not exceed--
``(1) in the case of an individual who is not married at
the close of such year, such individual's earned income for
such year, or
``(2) in the case of an individual who is married at the
close of such year, the lesser of such individual's earned
income or the earned income of his spouse for such year.
``(e) Special Rules.--For purposes of this section--
``(1) Place of abode.--An individual shall not be treated
as having the same principal place of abode of the taxpayer if
at any time during the taxable year of the taxpayer the
relationship between the individual and the taxpayer is in
violation of local law.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
``(4) Certain married individuals living apart.--If--
``(A) an individual who is married and who files a
separate return--
``(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
``(ii) furnishes over half of the cost of
maintaining such household during the taxable
year, and
``(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household, such individual shall not be considered as
married.
``(5) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer to an individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 152(f)(1)) who has not attained the
age of 19 at the close of the taxable year.
For purposes of this paragraph, the term `taxable year' means
the taxable year of the taxpayer in which the service is
performed.
``(6) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(7) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under this
section with respect to any qualifying individual unless the
TIN of such individual is included on the return claiming the
credit.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart A 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. 25E. Expenses for household and elder care services necessary
for gainful employment.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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This bill amends the Internal Revenue Code to allow a new tax credit for a taxpayer's employment-related expenses necessary to care for a dependent who has attained age 50. Employment-related expenses include: (1) expenses for household services; and (2) expenses for the care of the dependent, including respite care and hospice care. The expenses must be incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more dependents that qualify for the credit. The bill limits the amount of such credit to $3,000 for the care of one dependent and $6,000 for the care of two or more dependents of the taxpayer in a taxable year.
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Make a summary of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Resources and Education
for Kids Act (Pre-K)''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Kindergarten teachers estimate that 1 in 3 children
enters the classroom unprepared to meet the challenges of
school.
(2) A 1998 report regarding the prevention of reading
difficulties in young children found that--
(A) preschool children need high quality language
and literacy environments in and out of their homes;
and
(B) children need to arrive in the first grade with
strong language and cognitive skills and the motivation
to learn to read in order to benefit from classroom
instruction.
(3) The first 5 years is a very critical time in a child's
development, and a child's brain development is far more
susceptible to adverse influences than had been previously
realized.
(4) High quality prekindergarten programs can affect a
child's long-term success in areas such as school achievement,
higher earnings as adults, and decreased involvement with the
criminal justice system.
(5) Studies of several State prekindergarten initiatives
offer convincing evidence of the benefits of early education
for children at risk of school failure. These benefits include
higher mathematics and reading achievement, stronger learning
skills, increased creativity, better school attendance,
improved health, and greater involvement by parents in their
children's education.
(6) Only 1 State, Georgia, currently has a prekindergarten
initiative that is universally available to all children in the
State.
(b) Purpose.--The purpose of this Act is to improve school
readiness for young children by providing grants to States to assist in
the creation or expansion of early childhood education programs for
children ages 5 and under.
SEC. 2. PROGRAM AUTHORIZED.
(a) In General.--The Secretary, in consultation with the Secretary
of the Department of Health and Human Services, is authorized to
provide grants to State educational agencies, or their equivalent, to
allow such agencies to establish or expand prekindergarten early
learning programs.
(b) Eligibility.--
(1) In general.--To be eligible to receive a grant award
under this Act, a State shall submit an application to the
Secretary at such time and in such form and manner as the
Secretary may reasonably require and include the information
described in paragraph (2).
(2) Application.--The application referred to in paragraph
(1) shall include, at a minimum--
(A) a description of the prekindergarten early
learning program that the State will establish;
(B) a statement regarding how the State educational
agency will administer funds to local educational
agencies;
(C) a description of the methods to be used to
reach out to local educational agencies to promote this
new program and ensure that information is distributed
on an equitable basis to all local educational
agencies;
(D) a description of the goals in implementing a
prekindergarten early learning program and how such
goals will be achieved;
(E) a description regarding how public schools and
community partnerships may work together to reach the
maximum number of children;
(F) a description regarding how the State
educational agency will share information with other
local educational agencies regarding successful and
innovative programs; and
(G) a description of the long-term strategies for
financing prekindergarten early learning programs.
(c) Federal Share.--
(1) In general.--The Federal share of the cost of projects
funded under this Act shall not exceed--
(A) 50 percent for the first fiscal year;
(B) 45 percent for the second fiscal year;
(C) 40 percent for the third fiscal year;
(D) 30 percent for the fourth fiscal year; and
(E) 25 percent for the fifth fiscal year and each
subsequent year.
(2) Supplement, not supplant.--A State educational agency
or local educational agency shall use funds received under this
Act only to supplement the amount of funds that would, in the
absence of such Federal funds, be made available from non-
Federal sources for the education of children participating in
programs assisted under this Act, and not to supplant such
funds.
SEC. 3. DISTRIBUTION OF FUNDS.
(a) Reservation for Outlying Areas.--From the amount made available
under section 7 to carry out this Act, the Secretary shall reserve a
total of 1 percent to provide assistance to the outlying areas on the
basis of their respective need for such assistance according to such
criteria as the Secretary determines will best carry out the purpose of
this Act.
(b) State Distribution.--The Secretary shall allocate the remainder
of the amount made available under section 7 (after the reservation in
subsection (a)) among eligible State educational agencies as follows:
(1) 50 percent of such amount which bears the same ratio as
the number of children ages 5 and under, inclusive, in the
State bears to the number of such children in all States.
(2) 50 percent of such amount shall be distributed
according to each State's share of allocations under part A of
title I of the Elementary and Secondary Education Act of 1965.
(c) Administrative Funds.--Of the amount made available to a State
educational agency under subsection (b), such agency may use not more
than 5 percent of such amount for administrative purposes.
SEC. 4. LOCAL ACTIVITIES.
(a) Local Application.--To be eligible to receive a grant award
under this Act, a local educational agency shall submit an application
to the State educational agency that includes--
(1) a description of its proposed prekindergarten early
learning program;
(2) the goals and standards for such a program;
(3) a description of how the agency may work in conjunction
with child care providers outside of the public schools to
provide community-based kindergarten early learning programs;
and
(4) any other information the State educational agency may
reasonably require.
(b) General Uses of Funds.--A local education agency that receives
a grant award under this Act shall use such funds to establish or
expand a prekindergarten early learning program for children ages 5 and
under in accordance with subsection (c).
(c) Requirements.--Each local educational agency that receives
funds under this Act for a prekindergarten early learning program
shall--
(1) make available transportation for children to
participate in such programs; and
(2) ensure that the ratio of children to staff for a
prekindergarten early learning program does not exceed 18:2.
(d) Permissible Uses of Funds.--A local educational agency that
receives funds under this Act may use such funds--
(1) for professional development for prekindergarten
teachers and teacher assistants;
(2) to provide health care services, such as primary
preventative health and safety programs and health screening
programs, and to promote enrollment in health insurance
programs;
(3) to work in conjunction with child care providers
outside of the public schools to provide community-based
prekindergarten early learning programs; and
(4) to increase salaries for child care providers who work
in prekindergarten early learning programs;
(5) to provide funds to community partnerships.
SEC. 5. ACCOUNTABILITY.
(a) Local Reports.--Each local educational agency that receives a
grant award under this Act shall submit a report to the State
educational agency every 2 years that--
(1) describes the agency's activities;
(2) reports the number of children being served by new or
expanded prekindergarten early learning programs;
(3) describes any improvements in student achievement and
school readiness; and
(4) describes how the agency has reached the goals set
forth in its application under section 4(a)(1) in providing
early learning programs for children ages 5 and under.
(b) State Reports.--Each State educational agency that receives a
grant award under this Act shall submit to the Secretary, not less than
once every 2 years, a detailed summary of the information submitted
under subsection (a). Such report shall also include a description
regarding--
(1) how the State educational agency administered funds to
the local educational agency;
(2) the measures taken and the effectiveness of such
efforts of the State educational agency in reaching out to
local educational agencies to promote the program and ensuring
information was distributed on an equitable basis;
(3) how the State educational agency shared information
with other local educational agencies regarding successful and
innovative programs; and
(4) the status of the State educational agency in
developing long-term strategies for financing pre-K early
learning programs.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``community partnership'' means an alliance
between a local educational agency and 1 or more of the
following entities:
(A) Child care agency.
(B) Special education provider.
(C) Community-based organization.
(2) The term ``outlying area'' means the Commonwealth of
Puerto Rico and the United States Virgin Islands.
(3) The term ``Secretary'' means the Secretary of
Education.
(4) The term ``State'' means each of the 50 States and the
District of Columbia.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $500,000,000 for fiscal year 2002;
(2) $750,000,000 for fiscal year 2003; and
(3) such sums as may be necessary for each of fiscal years
2004 through 2006.
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Providing Resources and Education for Kids Act (Pre-K) - Authorizes the Secretary of Education to provide grants to applicant State educational agencies to make subgrants to local educational agencies to establish or expand prekindergarten early learning programs, which meet specified requirements, for children ages five and younger.
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Give a brief overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada Mining Townsite Conveyance
Act''.
SEC. 2. DISPOSAL OF PUBLIC LANDS IN MINING TOWNSITES, ESMERALDA AND NYE
COUNTIES, NEVADA.
(a) Findings.-- Congress finds the following:
(1) The Federal Government owns real property in and around
historic mining townsites in the counties of Esmeralda and Nye
in the State of Nevada.
(2) While the real property is under the jurisdiction of
the Secretary of the Interior, acting through the Bureau of
Land Management, some of the real property land has been
occupied for decades by persons who took possession by purchase
or other documented and putatively legal transactions, but
whose continued occupation of the real property constitutes a
``trespass'' upon the title held by the Federal Government.
(3) As a result of the confused and conflicting ownership
claims, the real property is difficult to manage under multiple
use policies and creates a continuing source of friction and
unease between the Federal Government and local residents.
(4) Much of the real property is appropriate for disposal
for the purpose of promoting administrative efficiency and
effectiveness, and the Bureau of Land Management has already
identified certain parcels of the real property for disposal.
(5) Some of the real property contains historic and
cultural values that must be protected.
(6) To promote responsible resource management of the real
property, certain parcels should be conveyed to the county in
which the property is situated in accordance with land use
management plans of the Bureau of Land Management so that the
county can, among other things, dispose of the property to
persons residing on or otherwise occupying the property.
(b) Mining Townsite Defined.--In this section, the term ``mining
townsite'' means real property in the counties of Esmeralda and Nye,
Nevada, that is owned by the Federal Government, but upon which
improvements were constructed because of a mining operation on or near
the property and based upon the belief that--
(1) the property had been or would be acquired from the
Federal Government by the entity that operated the mine; or
(2) the person who made the improvement had a valid claim
for acquiring the property from the Federal Government.
(c) Conveyance Authority.--
(1) In general.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), the Secretary of the Interior, acting through the
Bureau of Land Management, shall convey, without consideration,
all right, title, and interest of the United States in and to
mining townsites (including improvements thereon) identified
for conveyance on the maps entitled ``Original Mining Townsite
Gold Point, Nevada, Land Disposal Map'' and ``Original Mining
Townsite Ione, Nevada, Land Disposal Map,'' dated __________.
(2) Availability of maps.--The maps referred to in
paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Secretary of the
Interior, including the office of the Bureau of Land Management
located in the State of Nevada.
(d) Recipients.--
(1) Original recipient.--Subject to paragraph (2), the
conveyance of a mining townsite under subsection (c) shall be
made to the county in which the mining townsite is situated.
(2) Reconveyance to occupants.--In the case of a mining
townsite conveyed under subsection (c) for which a valid
interest is proven by one or more persons, under the provisions
of Nevada Revised Statutes Chapter 244, the county that
received the mining townsite under paragraph (1) shall reconvey
the property to that person or persons by appropriate deed or
other legal conveyance as provided in that State law. For
purposes of proving a valid interest, the person making the
claim must have occupied the mining townsite for at least 15
years immediately before the date of the enactment of this Act.
The county is not required to recognize a claim under this
paragraph submitted more than 10 years after the date of the
enactment of this Act.
(e) Protection of Historic and Cultural Resources.--As a condition
on the conveyance or reconveyance of a mining townsite under subsection
(c), all historic and cultural resources (including improvements) on
the mining townsite shall be preserved and protected in accordance with
applicable Federal and State law.
(f) Valid Existing Rights.--The conveyance of a mining townsite
under this section shall be subject to valid existing rights, including
any easement or other right-of-way or lease in existence as of the date
of the conveyance. All valid existing rights and interests of mining
claimants shall be maintained, unless those rights or interests are
deemed abandoned and void or null and void under--
(1) section 2320 of the Revised Statutes (30 U.S.C. 21 et
seq);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq); or
(3) subtitle B of title X of the Omnibus Budget
Reconciliation Act of 1993 (30 U.S.C. 28(f)-(k)), including
regulations promulgated under section 3833.1 of title 43, Code
of Federal Regulations or any successor regulation.
(g) Survey.--A mining townsite to be conveyed by the United States
under this section shall be sufficiently surveyed to legally describe
the land for patent conveyance.
(h) Release.--On completion of the conveyance of a mining townsite
under subsection (c), the United States shall be relieved from
liability for, and shall be held harmless from, any and all claims
arising from the presence of improvements and materials on the conveyed
property.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior such amounts as may be
necessary to carry out the conveyances required by this section,
including funds to cover the costs of cadastral and mineral surveys,
mineral potential reports, hazardous materials, biological, cultural
and archeological clearances, validity examinations and other expenses
incidental to the conveyances.
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Nevada Mining Townsite Conveyance Act - Sets forth procedures for the conveyance of certain mining townsites. Defines a mining townsite as real property in the counties of Esmeralda and Nye, Nevada, that is owned by the Federal Government but upon which improvements have been constructed because of a mining operation on or near the property, if such improvements were undertaken based on the belief that: (1) the property had been or would be acquired by the entity operating the mine; or (2) the person who made the improvement had a valid claim for acquiring the property.Directs the Secretary of the Interior, acting through the Bureau of Land Management, to convey, without consideration, all right, title, and interest of the United States in and to certain mining townsites to the county in which each site is located. Directs, if a valid interest is proven in a site under Nevada law, the county receiving such site to reconvey the property to the person or persons with such interest. Requires, for a claim to be valid, the claimant to have occupied the relevant mining townsite for at least 15 years immediately before the enactment of this Act.Provides for the protection of historic and cultural resources on conveyed townsites. Subjects conveyances under this Act to valid existing rights.
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Change the following text into a summary: That this Act may be
cited as the ``Hispanic American Affairs Act of 1993''.
statement of purpose
Sec. 2. It is the purpose of this Act to--
(1) assure that Federal programs and resources are reaching
all Mexican Americans, Puerto Rican Americans, Cuban Americans,
and all other Hispanic Americans and are providing the
assistance needed by such individuals;
(2) assure that the laws, policies, and practices of the
Federal Government provide equal opportunities for Hispanic
Americans in all areas, including the areas of employment,
education, health, housing, community development, economic
development, and grant and contract procurement; and
(3) seek out and develop new programs and resources that
may be necessary to handle problems that are unique to Hispanic
Americans.
establishment of office
Sec. 3. There is established in the Executive Office of the
President the Office of Hispanic American Affairs (hereinafter referred
to as the ``Office''). The Office shall be headed by a Director
(hereinafter referred to as the ``Director'') who shall be appointed by
the President, by and with the advice and consent of the Senate.
duties of the director
Sec. 4. (a) The Director shall--
(1) advise Federal departments and agencies regarding
appropriate action to be taken to help assure that Federal
programs are providing the assistance needed by Hispanic
Americans;
(2) advise Federal departments and agencies on the
development and implementation of comprehensive and coordinated
policies, plans, and programs which focus on the special
problems and needs of Hispanic Americans including economic
development, education, housing, and health care programs and
advise such departments and agencies on the priorities of such
policies, plans, and programs;
(3) advise and assist Hispanic American groups and
individuals in receiving assistance available under law;
(4) establish and maintain a Hispanic American information
clearinghouse which shall collect, analyze, and disseminate
information concerning the social and economic conditions
encountered by Hispanic individuals;
(5) carry out the functions relating to equal employment
opportunity for Hispanic Americans transferred to the Director
under section 8; and
(6) appraise the laws, policies, and performance of the
Federal Government with respect to the achievement or denial of
equal opportunities for Hispanic Americans, and report such
appraisal annually to the President and the Congress in the
report required under section 11.
(b) In carrying out the functions of the Director, the Director
may--
(1) conduct, directly or by grant or contract, such
surveys, studies, research, and demonstration and technical
assistance projects;
(2) establish such relationships with State and local
governments and the private sector as may be appropriate; and
(3) promote the participation of State and local
governments and the private sector as may be appropriate to
identify and assist in solving the special problems of Hispanic
Americans.
(c) The Director shall utilize the Special Assistants for Hispanic
American Affairs established in each Federal department or agency under
section 12 to carry out the functions transferred under section 8.
advisory task forces
Sec. 5. (a) The Director may appoint one or more advisory task
forces from among persons who are representative of and involved in the
affairs of the Mexican American, Puerto Rican American, and Cuban
American communities, and of other elements of the Hispanic American
community. Each such task force shall--
(1) advise the Director with respect to the functions of
the Director under this Act;
(2) be subject to the provisions of the Federal Advisory
Committee Act; and
(3) each year and at the time of completion of work of the
task force, transmit to Congress and the President a report
concerning the activities of the task force.
(b) Each member of an advisory task force appointed under
subsection (a) who is not otherwise employed by the United States
Government shall receive compensation at a rate equal to the daily
maximum rate prescribed for a position above GS-15 under the General
Schedule under section 5108 of title 5, United States Code, for each
day, including traveltime, such member is engaged in the actual
performance of duties as a member of a task force. A member of a task
force who is an officer or employee of the United States Government
shall serve without additional compensation. All members of a task
force shall be reimbursed for travel, subsistence, and other necessary
expenses incurred by them in the performance of their duties.
(c) The Director shall provide staffing and support to any task
force appointed under subsection (a) in order to assist the members of
the task force in carrying out their duties.
administrative provisions
Sec. 6. (a) In carrying out the provisions of this Act, the
Director is authorized--
(1) to appoint such personnel as the Director considers
necessary without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and to pay such personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates;
(2) to employ experts and consultants in accordance with
the provisions of section 3109 of such title, at rates of pay
which do not exceed the maximum rate prescribed for a position
above GS-15 of the General Schedule under section 5108 of such
title;
(3) to promulgate such rules, regulations, and procedures
as may be necessary to carry out the functions of the Office,
and to delegate authority for the performance of any function
to any officer or employee of the Office under the direction
and supervision of the Director;
(4) to utilize, with their consent, the services,
equipment, personnel, information, and facilities of other
Federal departments and agencies and of State, local, and
private agencies and instrumentalities, with or without
reimbursement therefor;
(5) to enter into agreements with other Federal departments
and agencies as may be appropriate;
(6) to operate such regional offices as may be necessary to
carry out the provisions of this Act;
(7) without regard to the provisions of section 3324 of
title 31, United States Code, to enter into and perform such
contracts, leases, cooperative agreements, or other
transactions as may be necessary in the conduct of the
functions of the Office, with any public agency or with any
person, and make payments (in advance, by transfer, or
otherwise) and grants to any public agency or private nonprofit
organization;
(8)(A) to accept voluntary and uncompensated services,
without regard to the provisions of section 1342 of title 31,
United States Code;
(B) to accept volunteer service in accordance with section
3111 of title 5, United States Code; and
(9) to request such information, data, and reports from any
Federal department or agency as the Director may from time to
time require and as may be produced consistent with other law.
(b) Upon request of the Director, the head of each Federal
department or agency shall promptly make the services, equipment,
personnel, facilities, and information of the department or agency
(including suggestions, estimates, and statistics) available to the
Office to the greatest extent practicable.
(c) Upon request of the Director, the head of each Federal
department or agency shall promptly detail any of the personnel of the
department or agency to the Office. Any such detail shall be made on a
reimbursable basis.
coordination
Sec. 7. In carrying out the provisions of this Act, the Director
shall provide leadership and coordination for all Federal departments
and agencies, particularly the offices established under section 12,
and shall provide such guidance to Federal departments and agencies as
the President determines is appropriate in implementing this Act. Each
department or agency shall issue appropriate rules and regulations to
further the purposes of this Act.
transfers of functions from the office of personnel management
Sec. 8. All functions of the Office of Personnel Management under
section 717 of the Civil Rights Act of 1964 and Executive Order 11478,
issued August 8, 1969, which the Director of the Office of Management
and Budget determines relate to equal employment opportunity for
Hispanic individuals, commonly known as the Hispanic Employment
Program, are transferred to the Director.
transfer of personnel and property
Sec. 9. (a) All personnel, liabilities, contracts, property, and
records as are determined by the Director of the Office of Management
and Budget to be employed, held, or used primarily in connection with
any function transferred under this Act, are transferred to the Office.
(b)(1) Except as provided in paragraph (2), personnel engaged in
functions transferred under this Act shall be transferred in accordance
with applicable laws and regulations relating to the transfer of
functions.
(2) The transfer of personnel pursuant to subsection (a) shall be
without reduction in classification or compensation for one year after
such transfer.
transfer matters
Sec. 10. (a) All laws relating to any office, agency, or function
transferred under this Act shall, insofar as such laws are applicable,
remain in full force and effect. All orders, determinations, rules, and
regulations made or issued in connection with any function transferred
by this Act, and in effect at the time of the transfer, shall continue
in effect to the same extent as if such transfer had not occurred,
until modified, superseded, or repealed.
(b) The provisions of this Act shall not affect any proceedings
pending at the time this section takes effect before any agency, or
part thereof, functions of which are transferred by this Act, but such
proceedings, to the extent that they relate to functions so transferred
shall be continued before the Office.
(c) No action or other proceeding commenced by or against any
office or agency or any officer of the United States acting in the
official capacity of such officer shall abate by reason of any transfer
made pursuant to this Act, but the court, on any motion or supplemental
petition filed at any time within twelve months after such transfer
takes effect which shows a necessity for the survival of such action or
other proceeding to obtain a settlement of the question involved, may
allow the action or proceeding to be maintained by or against the
appropriate office or agency or officer of the United States.
annual report
Sec. 11. Within six months after the end of each fiscal year, the
Director shall submit a report to the President and the Congress
concerning the activities of the Office during the preceding fiscal
year. Such report shall include the appraisal of Federal performance in
achieving equal opportunity for Hispanic Americans required under
section 4(a)(6) and recommendations for legislative action relating to
the achievement of the purposes of this Act.
offices in various executive agencies
Sec. 12. (a) The President shall establish and maintain an Office
of Hispanic American Affairs in the following Federal departments and
agencies:
(1) the Department of State;
(2) the Department of Treasury;
(3) the Department of Defense and each military department;
(4) the Department of Justice;
(5) the Department of the Interior;
(6) the Department of Agriculture;
(7) the Department of Commerce;
(8) the Department of Labor, including programs of the
Office of Federal Contract Compliance;
(9) the Department of Health and Human Services;
(10) the Department of Housing and Urban Development;
(11) the Department of Transportation;
(12) the Department of Energy;
(13) the Department of Education;
(14) the Department of Veterans' Affairs;
(15) the Office of Personnel Management;
(16) the Federal Communications Commission;
(17) the Small Business Administration;
(18) the National Aeronautics and Space Administration;
(19) the National Science Foundation;
(20) the Federal Home Loan Bank Board;
(21) the Equal Employment Opportunity Commission;
(22) the Postal Rate Commission;
(23) the Environmental Protection Agency;
(24) the General Services Administration;
(25) the United States Postal Service; and
(26) such other Federal departments or agencies as the
President may designate.
(b) Each Office of Hispanic American Affairs established under
subsection (a) shall be headed by a Special Assistant for Hispanic
American Affairs, who shall be appointed by the head of the Federal
department or agency in which the office is located. The Special
Assistant for Hispanic American Affairs designated within each
department or agency shall assist the Director in carrying out within
each department or agency the functions transferred under section 8.
(c) The Special Assistant for Hispanic American Affairs of each
department or agency may participate in all policy planning and
development for all programs of the department or agency to insure the
consideration of factors impacting on the various Hispanic communities.
The head of each Federal department or agency shall insure the
participation of the Special Assistant for Hispanic American Affairs in
the review of all pertinent and relevant rules, regulations, and
guidelines, and other management directives to assure that the laws,
policies, and practices of the Federal Government are providing equal
opportunities for Hispanics in all areas, including the areas of
education, health, housing, community development, economic
development, grant and contract procurement, and employment. The
Special Assistant for Hispanic American Affairs shall make
recommendations to the head of the Federal department or agency
concerning problems and special needs that are unique to Hispanics, and
shall be available to advise and assist Hispanic groups and individuals
who seek assistance or services from the department or agency.
duties of the secretary of commerce
Sec. 13. The Secretary of Commerce shall take necessary steps to
insure that existing information clearinghouse functions within the
Department of Commerce encompass the collection and dissemination of
information in easily accessible form concerning the social, economic,
employment, health, and housing needs and conditions of the Hispanic
population of the Nation.
ban on partisan political activities
Sec. 14. No funds authorized to carry out this Act shall be used to
finance any activities designed to influence the outcome of any
election to Federal office or any voter registration activity, or to
pay the salary of the chairperson or any employee of a political
committee after the date on which such persons engage in such activity,
as determined by the Office of Personnel Management. For the purposes
of this section, the term ``election'' has the same meaning as in
section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(1)), the term ``Federal office'' has the same meaning as in section
301(3) of such Act (2 U.S.C. 431(3)), and the term ``political
committee'' has the same meaning as in section 301(4) of such Act (2
U.S.C. 431(4)).
limitation on contract authority
Sec. 15. The authority of the Director to enter into contracts
under this Act shall be to such extent or in such amounts as are
provided in appropriation Acts.
compensation of director
Sec. 16. Section 5316 of title 5, United States Code, is amended by
adding at the end thereof the following:
``Director, Office of Hispanic American Affairs.''.
authorization of appropriations
Sec. 17. There are authorized to be appropriated such sums as may
be necessary to carry out this Act.
effective date
Sec. 18. The provisions of this Act shall take effect upon the date
of enactment of this Act, except that the provisions of sections 8
through 10 shall take effect on the date which is 60 days after the
date of enactment of this Act or on such earlier date as the President
shall specify by Executive order.
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Hispanic American Affairs Act of 1993 - Establishes in the Executive Office of the President the Office of Hispanic American Affairs to be headed by a Director.
Makes it the duty of the Director to advise Federal departments and agencies regarding, and assist Hispanic Americans in receiving, the various types of assistance available under law for Hispanic Americans. Requires the Director to establish a Hispanic American information clearinghouse and carry out transferred functions relating to equal employment opportunity for Hispanic Americans. Mandates annual reports by the Director to the President and the Congress appraising equal opportunities for Hispanic Americans.
Requires the President to establish an Office of Hispanic American Affairs (to be headed by a Special Assistant for Hispanic American Affairs) in various specified executive departments and agencies. Makes these Special Assistants responsible for advising and assisting American Hispanics who seek assistance or services from the department or agency.
Requires the Secretary of Commerce to take necessary steps to insure that existing information clearinghouse functions within the Department of Commerce encompass the collection and dissemination of information related to the needs of Hispanic Americans.
Authorizes appropriations.
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billsum_train
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Create a condensed overview of the following text: SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financing Advanced and
Superconducting Transmission Act of 2009''.
SEC. 2. 5-YEAR DEPRECIATION FOR ADVANCED ELECTRIC TRANSMISSION
PROPERTY.
(a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (defining 5-year property) is amended by
striking ``and'' at the end of clause (vi), by striking the period at
the end of clause (vii) and inserting ``, and'', and by inserting after
clause (vii) the following new clause:
``(viii) is qualified advanced electric
transmission property (as described in section
48(c)(6)) which is placed in service before
January 1, 2017''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 3. INVESTMENT TAX CREDIT FOR HIGH EFFICIENCY TRANSMISSION PROPERTY
AND ADVANCED ELECTRIC TRANSMISSION PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (defining energy property) is amended by
striking ``or'' at the end of clause (vi) and by inserting after clause
(vii) the following new clauses:
``(viii) qualified high efficiency
transmission property, or
``(ix) qualified advanced electric
transmission property,''.
(b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of subclause (III) and by inserting after subclause (IV) the following:
``(V) qualified advanced electric
transmission property, and''.
(c) Definitions.--Subsection (c) of section 48 of such Code is
amended by adding at the end the following new paragraphs:
``(5) Qualified high efficiency transmission property.--
``(A) In general.--The term `qualified high
efficiency transmission property' means any high
voltage overhead electric transmission line, related
substation, or other integrated facility that--
``(i) utilizes advanced conductor core
technology that has been determined by the
Secretary of Energy as--
``(I) reasonably likely to become
commercially viable within ten (10)
years of the date of enactment of the
Financing Advanced and Superconducting
Transmission Act of 2009,
``(II) is suitable for use on
transmission lines up to 765kV, and
``(III) exhibits power losses at
least 30 percent lower than that of
transmission lines using conventional
`ACSR' conductors,
``(ii) has been determined by an
appropriate energy regulatory body, upon
application, to be in the public interest and
thereby eligible for inclusion in regulated
rates, and
``(iii) can be located safely and
economically in a right of way not to exceed
that used by conventional `ACSR' conductors.
``(B) Termination.--The term `qualified high
efficiency transmission property' shall not include any
property placed in service after December 31, 2016.
``(6) Qualified advanced electric transmission property.--
``(A) In general.--The term `qualified advanced
electric transmission property' means any high voltage
electric transmission cable, related substation,
converter station, or other integrated facility that--
``(i) utilizes advanced ultra low
resistance superconductive material or other
advanced technology that has been determined by
the Secretary of Energy as--
``(I) reasonably likely to become
commercially viable within 10 years
after the date of enactment of the
Financing Advanced and Superconducting
Transmission Act of 2009,
``(II) capable of reliably
transmitting at least 5 gigawatts of
high-voltage electric energy for
distances greater than 300 miles with
energy losses not exceeding 3 percent
of the total power transported, and
``(III) not creating an
electromagnetic field,
``(ii) has been determined by an
appropriate energy regulatory body, upon
application, to be in the public interest and
thereby eligible for inclusion in regulated
rates, and
``(iii) can be located safely and
economically in a permanent underground right
of way not to exceed 25 feet in width.
``(B) Energy percentage.--In the case of any
qualified advanced electric transmission property
placed in service before January 1, 2015, with a length
of not less than 150 miles, subsection (a)(2)(A)(i)
shall be applied by substituting `50 percent' for `30
percent'.
``(C) Termination.--The term `qualified advanced
electric transmission property' shall not include any
property placed in service after December 31, 2016.''.
(d) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, in
taxable years ending after such date, under rules similar to the rules
of section 48(m) of the Internal Revenue Code of 1986 (as in effect on
the day before the date of the enactment of the Revenue Reconciliation
Act of 1990).
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Financing Advanced and Superconducting Transmission Act of 2009 - Amends the Internal Revenue Code to allow: (1) accelerated depreciation of qualified advanced electric transmission property placed in service before January 1, 2017; and (2) an energy tax credit for investment in qualified high efficiency transmission property or qualified advanced electric transmission property.
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billsum_train
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